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09-03-2013 Agenda with BackupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL September 3, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Garry Shelton, Church of God by Faith Spirit of Life, Universal City) City Events and Announcements Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) Announcements and recognitions by City Manager Q. Kessel) Presentations • Proclamation National Payroll Week (Rebecca Lynch with the American Payroll Association) Workshop • Presentation and consideration and /or action authorizing an Official Neighborhood Park Name Change. (B. James /G. Logan) A. Resolution No. 13 -R -68 — Consideration and /or action approving a Resolution authorizing an official Neighborhood Park Name Change from Northcliffe Park to Wendy Swan Park, and other matters in connection therewith. (B. James /G. Logan) • Discussion regarding sidewalks on FM 3009 (Mayor Carpenter /J. Bierschwale) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 09 -03 -2013 Council Agenda Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of August 27, 2013. (J. KesselB. Dennis) 2. 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 and providing an effective date. Final Reading (B. James/M. Sanchez /G. Logan) Discussion and Action Items 3. Resolution No. 13 -R -71 — Consideration and /or action approving a Resolution authorizing Interlocal Agreements with Multiple Governmental Entities for the provision of Emergency Medical Services, and other maters in connection therewith. (J. Bierschwale/D. Wait) 4. Appointments/Reappointments and Resignations to City Boards, Commissions, Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (J. KesselB. Dennis) • Appointment of Patti Dilworth and Joanne Ward as Regular Members to the Library Board • Appointment of Howson Lau as Alternate #1 and Timothy Mithofer as Alternate #2 to the Library Board. • Appointment of Johnie McDow from Alternate #2 to Alternate #1 to the Parks and Recreation Advisory Board • Appointment of Reginna Agee as Alternate #2 to the Parks and Recreation Advisory Board 5. Resolution No. 13 -R -72 — Consideration and /or action approving a Resolution designating a particular area, particular dates and particular times for the "Gridiron Heroes" special event. (B. James /G. Logan) 09 -03 -2013 City Council Agenda Page - 2 - 6. Ordinance No. 13 -T -34 - City of Schertz FY 2013 -14 Budget - Consideration and /or action approving an Ordinance on the proposed FY 2013 -14 Budget. Final Reading (J. Kessel /J. Walters) 7. Ordinance No. 13 -T -35 -Tax Rate for Fiscal Year 2013 -14 - Consideration and /or action approving an Ordinance on the proposed FY 2013 -14 Tax Rate. Final Reading Q. Kessel /J. Walters) 8. Ordinance No. 13 -S -36 - ZC2011 -014 — Conduct a public hearing and consideration PH and /or action upon a request to rezone approximately 194.56± acres of land from Predevelopment (PRE) 186.98 acres and General Business (GB) 7.58 acres to Planned Development District (PDD). The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road and proposed as the Parklands Subdivision. First Reading (B. James/M. Sanchez) PH 9. Ordinance No. 13 -S -37 — ZC2013 -001 — Conduct a public hearing and consideration and /or action upon a request to rezone approximately 137.51± acres of land from Predevelopment (PRE) 4.34 acres, Residential Agriculture (RA) 9.89 acres and Planned Development District (PDD) 123.28 acres to Planned Development District (PDD). The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east of the intersection of FM 1518 and Lower Seguin Road and proposed as the Rhine Valley Subdivision. First Reading (B. James/M. Sanchez) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. 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 09 -03 -2013 City Council Agenda Page - 3 - • 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 14. Take any action deemed necessary as a result of the Executive Session. Adiournment 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 30th DAY OF AUGUST 2013 AT 2:15 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevuo(01 UevwLiS Orenda 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. 09 -03 -2013 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor 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 TMZ II Board Councilmember Scnliola — Place 2 Councilmember Antuna - Place 3 Animal Control Advisory Committee ASA Commuter Rail District Board — Lone Star Cibolo Valley Local Government Corporation Randolph Joint Land Use Study QLUS) Executive Interview Committee for Boards and Commissions Committee Sweetheart Advisory Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember — Verinder — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee 09 -03 -2013 City Council Agenda Page - 5 - Workshop Item 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: Parks, Recreation, and Community Services Department Subject: Resolution No. 13 -R -68 - Discussion and Action authorizing a formal and official neighborhood park name change from Northcliffe Park to Wendy Swan Park. (G. Logan/B. James) BACKGROUND The City of Schertz Parks and Recreation Advisory Board recently received and heard a request from the Friends of Northern Schertz, to change the name of Northcliffe Park. The Friends of Northern Schertz have recommended that the naming of Northcliffe Park be changed to Wendy Swan Park. Ms. Swan was a local benefactor and volunteer who raised considerable funds and spent numerous hours at Northcliffe Park. Ms. Swan and the Friends of Northern Schertz raised thousands of dollars for the renovation of Northcliffe Park. This renovation project included a full sized basketball court, concrete walkways, a picnic pavilion, playground equipment, landscaping and an irrigation system. The existing policy governing the naming of Parks states that "normally, facilities will not be named /renamed for individuals unless they have been deceased for at least three (3) years." Although Ms. Swan has only been deceased for a little over a year, due to all of Ms. Swans hard work and efforts on behalf of this park waiving the time frame should be considered. Goal The Parks, Recreation, and Community Services Department and the Parks and Recreation Advisory Board are formally requesting approval to rename Northcliffe Park to Wendy Swan Park. Community Benefit Rename an existing City Park after a community volunteer, Ms. Wendy Swan, who dedicated herself to the renovation, design, development, and care of a city park. Summary of Recommended Action Recommend approval of this Resolution renaming Northcliffe Park after Ms.Wendy Swan. FISCAL IMPACT City Council Memorandum Page 2 The City of Schertz will pay for new letters for the existing sign at a cost of $4,000. RECOMMENDATION Recommend approval of Resolution No. 13 -R -68 authorizing a name change from Northcliffe Park to Wendy Swan Park. ATTACHMENT Letter from the Friends of Northern Schertz. Minutes of the Parks and Recreation Advisory Board meeting. Copy of the Parks Facilities Naming Policy. RESOLUTION NO. 13 -R -68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN OFFICIAL NEIGHBORHOOD PARK NAME CHANGE FROM NORTHCLIFFE PARK TO WENDY SWAN PARK, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City follow the recommendation of the Parks and Recreation Advisory Board to initiate an official neighborhood park name change from Northcliffe Park to Wendy Swan Park; and WHEREAS, the City Council has determined that it is in the best interest of the City to change the name from Northcliffe Park to Wendy Swan Park. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City to change the name from Northcliffe Park to Wendy Swan Park. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3rd day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - July 11, 2013 Mr. George Logan Director Parks & Recreation City of Schertz The Friends of Northern Schertz Parks, a non - profit community group formed to promote the development of public parks in the northern part of the City of Schertz, particularly the city park now identified as Northcliffe Park, requests that the name of the park be changed to include the name of one of the group founders, Wendy Swan. While we realize that it usually requires 2 years before a facility can be dedicated posthumously, we are requesting that the process be expedited for the following reasons: Wendy personally raised $65,000.00 in cash and labor donations in order to help in the addition of a cement walking path, pavilion with picnic tables, 2 Playscapes, basketball court, sprinkler system and multiple trees. She then requested matching funds from the City. She, alone, worked with the playground architect to plan the layout, and spent hundreds of hours over 2 years mowing, fertilizing, watering and helping to maintain the park and new trees. Multiple times she painted over graffiti along the entire cement drainage culvert and the pool house. She held a community focus group to find out what amenities the residents felt would be most beneficial to their families. Though the City did not receive the grant, she alone completed the paperwork necessary to apply for a grant from the Lower Colorado River Authority in order to assist with the improvements. These are just a few of her many contributions made to assure a safe, state of the art park for her city and community. 2. LTC Swan was honorably retired after 23 years of distinguished military service, and was buried with full military honors in the Veterans Cemetery in Spooner, Wisconsin. 3. Her mother is 87 years old, in poor health, and in the beginning stages of dementia. She lost her husband and daughter within 2 months of each other last year, and this would have a great deal of meaning to her. She was able to see the park when she visited 5 months before Wendy died, and got to see what her daughter has accomplished for the City of Schertz and her community. It would be wonderful if this could occur while she is cognizant enough to understand the importance of the act of dedicating this park in honor of her daughter. It is possible that she might not otherwise live to realize the dedication. -2- Wendy Swan's dedication, hard work, and fundraising efforts were instrumental to the establishment and beautification of the Northcliffe Park. Renaming the Northcliffe Park on Cherrytree Drive in her honor would be a fitting tribute to her. Your support in moving this request through the appropriate approval process would be greatly appreciated. Friends of Northern Schertz Parks Maria Scagliola Sally Macias Debbie Bell Duane McCune Marcia Hampton Kathy Burgess SCHERTZ PARKS AND RECREATION ADVISORY BOARD MEETING: July 22, 2013 Minutes LOCATION: 1400 Schertz Parkway, Schertz, Texas Bob Andrews Conference Room in City Hall Board Members present: Dr. Mustapha Debboun, Vice - Chairman Robert Wallace, Mark Davis, Samni Henness, Harriet Higgs, Sally Macias, Johnie McDow, Patrick Russell and Fae Simmons. Staff present: Brian James, Executive Director Development Services, George Logan, Parks, Recreation and Community Services Director, Chuck Van Zandt, Parks Manager and Sandy Bryant, Sr. Administrative Assistant. Others present: F. Branch Archer, Robert Brockman, Ed Higgs and Joel Tanner Call to order. Meeting was called to order by Dr. Mustapha Debboun, Chairman at 5:30 p.m Hearing of residents: Mr. Robert Brockman asked what the plans were for parking at Crescent Bend Nature Park since there were currently only about thirty parking spaces. Mr. Joel Tanner stated there are additional parking spaces on the east side of the park. Regular Agenda: Agenda Item No. 1. Minutes. Consideration and /or action regarding the approval of the minutes of the June 24, 2013 Schertz Parks and Recreation Advisory Board regular meeting. Motion was made to approve the minutes from the June 24, 2013 Schertz Parks and Recreation Advisory Board regular meeting. Motion: Harriet Higgs Second: Sally Macias Ayes: Harriet Higgs, Sally Macias, Dr. Mustapha Debboun, Chairman, Robert Wallace, Vice - Chairman, Mark Davis, Samm Henness, Johnie McDow, Patrick Russell and Fae Simmons Nays: None Abstains: None Approved: 9 -0 Agenda Item No. 2. Parks Advisory Board By -Laws, The Board discussed the final draft version of the by -laws prepared by Mr. Mark Davis. The Board reviewed the length of terms for an officer to serve and agreed that the one year term stated in the by -laws was appropriate. There were a couple of spelling/grammar errors that needed to be corrected. Motion was made to approve the Parks Advisory Board By -Laws as corrected: Motion: Fae Simmons Second: Patrick Russell Ayes: Fae Simmons, Patrick Russell, Dr. Mustapha Debboun, Chairman, Robert Wallace, Vice - Chairman, Mark Davis, Samm Henness, Harriet Higgs, Sally Macias, and Johnie McDow. Nays: None Abstains: None Approved: 9 -0 Agenda Item No. 3. Parks Advisory Board Master Plan Update Mr. Davis briefed the Board on the latest updates to the Parks Master Plan. Mr. Davis will plug in numbers for the Master Plan for next Board meeting and send them out to the Board. Agenda Item No. 4. Renaming of Northcliffe, Park. Mr. Logan briefed the Board that a request had been submitted to rename Northcliffe Park to the Wendy Swan Park and wanted the Boards approval of this request to be submitted to City Council. Motion was made to approve the submitting of the request to rename the Northcliffe Park to the Wendy Swan Park to City Council for their action: Motion: Patrick Russell Second: Harriet Higgs Ayes: Patrick Russell, Harriet Higgs, Dr. Mustapha Debboun, Chairman, Robert Wallace, Vice - Chairman, Mark Davis, Samm Henness, Sally Macias, Johnie McDow, and Fae Simmons. Nays: None Abstains: None Approved: 9 -0 Requests and Announcements: Agenda Item No. 9. Request by Advisory Board Chairman and Board members for items to be laced on a future Board agenda. The Board requested the following items be placed on future agendas: • Parks Master Plan. • Parks Advisory Board Recognition Committee Report. • Parks Advisory Board Members Report. • Update on the renaming of Northcliffe Park to Wendy Swan Park. Agenda Item No. 10. Announcements by Advisory Board Chairman and members. Chairman Debboun thanked staff for their support and Mr. Davis for his hard work on the Master Plan. Mr. Johnie McDow thanked Mr. Brian James for his presentation at the City Council. Agenda Item No. 11. Announcements by Cily Staff. Ms. Sandy Bryant announced that the board has received a letter of resignation from Mr. Terry Armstrong that has been submitted to the City Secretary for presenting to the City Council. Ms. Bryant announced the next Board meeting would be Monday, August 26, 2013. Adiournment: Motion was made to adjourn the meeting at 7:00p.m. Motion: Robert Wallace Second: Sam Henness Ayes: Robert Wallace, Vice- Chairman, Samm Henness, Chairman Mustapha Debboun, Mark Davis, Harriet Higgs, Sally Macias, Johnie McDow, Patrick Russell, and Fae Simmons. Nays: None Abstains: None Approved: 9 -0 Chairm , Parrs and ecreation Advisory Board Recording Secr , Cit of Schertz A POLICY GOVERNING THE NAMING OF PARKS, BUILDINGS, ROOMS AND OTHER CITY FACILITIES 1. The authority to name City parks, buildings, rooms, and other facilities resides with the City Council. Only names submitted through the nomination process shall be considered. 2. Facilities may be named for individuals or organizations from the local community, well -known state or national leaders, geographical locations, events, or concepts. Normally, facilities will not be named/renamed for individuals unless they have been deceased for at least three (3) years. 3. For the name of an individual or organization from the local community to be considered, one or more of the following criteria shall be met: a. The individual or-organization will have performed outstanding service to the community. Generally, the service shall have been performed in the area of activity' associated with the facility — i.e., Bob Andrews Conference Room, etc. b. The individual or organization will have made a significant contribution toward the development, maintenance and/or operation of the park, building, or facility. 4. For the name of well -known state or national leaders, geographical locations, events, or concepts, there should exist a tie, bond, or connection between such entities and the City. 5. Any person or group may submit a nomination to the office of the City Secretary to name a facility, building, room, or park. The nomination must be in writing and include such things as: a. a biographical sketch of the person whose name is suggested; b. a detailed description of the person's or organization's involvement in the community or departmental activity; c. a statement noting the appropriateness of the proposed name for the facility, building, room, or park; and d. identification of extent and number of signs and other items in order for the City to estimate the cost required to place (or replace) signs and plaques needed to implement the new name. REQUEST FOR THE NAMING OF PARKS, BUILDINGS, ROOMS AND OTHER FACILITIES CITY OF SCHERTZ 1. Type of area or facility (park, building, pool, etc.) 2. Location 3. Suggested Name 4. Please describe why you feel this name to be appropriate: (biographical sketch if person) S. Name and address of person making request: Name Address Phone 6. Do you represent an organization with respect to this request? If "yes", which organization 7. Date of this request Signature FOR COMMITTEE USE ONLY Request APPROVED REJECTED TABLED Date of Committee Action Date of Council Action Workshop Item 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: Mayor /Council Subject: Discussion regarding sidewalks on FM 3009 BACKGROUND Mayor Carpenter requested this item be placed on the agenda for discussion. FISCAL IMPACT None RECOMMENDATION None at this time. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on August 27, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of August 27, 2013. ATTACHMENT Minutes — regular meeting August 27, 2013. MINUTES REGULAR MEETING August 27, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 27, 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 Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Sydney Verinder Staff Present: Executive Director David Harris Executive Director Brian James City Attorney Katherine Tapley Deputy City Secretary Donna Schmoekel CALL TO ORDER: Mayor Carpenter called the Regular Meeti INVOCATION AND PLEDGES OF Al STATES AND THE STATE OF TEXAS. Mayor Pro -Tem Jim Fowler Councilmember Georae Antuna Kessel Jahn Bierschwale Chief of Staff Bob Cap City Secretary Brenda at 6:00 p.m` THE Pastor Stephen Prescod Church of the First Born, gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. • Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) for Carpenter recognized Executive Director of Support David Harris and Executive ,Ictor of Development Brian James who provided the following announcements of orning events: • Volunteers needed for the upcoming September 20 through 21, 2013 Schertz Fest, please contact Mary Spence or call the 311 office to sign up. • Friday, September 6, 2013, 1:00 p.m., Special meeting with Council and staff will be held at the Schertz Senior Center to discuss activities and programming. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized several citizens who were in the audience this evening who have attended the Community Budget Meetings. Mr. Kessel thanked the citizens for the input stating the City has received good feed -back from these meetings. Mr. Kessel thanked all the citizens and staff. 08 -27 -2013 Minutes Page - 1 - Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel, who inquired about the status of the house on Live Oak Road. City Manager John Kessel stated that the house is currently being utilized by the Guadalupe County SWAT Team for training. Mr. 'Brockman also inquired if Maggie Tittering, Chamber President would be hosting a meet the candidate's night. Mayor Carpenter stated that we could get with her and asked her. • Mr. Bert Crawford, 4100 Brook Hollow, provided his thanks to the EMS, Police, and Fire Departments who recently attended and participated in the Windbrook HOA social. Mr. Crawford also invited them to attend their upcoming National Night Out celebration. Workshop • Discussion and con various City boards on regarding Council Liaison positions on the Mayor Carpenter /Council) Mayor Carpenter stated that he had requested this item be placed on the agenda, as from time to time Council will take the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments in the City. Mayor Carpenter stated that he would like Council to begin to think about changes they would like to make and what boards and committees thev would like to serve on. Mayor Carpenter recognized Councilmember Edwards who stated as a result of Councilmember Antuna not running for re- election he would like to serve on the ASA Commuter Rail District Board. Mayor Carpenter recognized Councilmember Scagliola who stated that since he serves on the Cibolo Valley Local Government Corporation he would also like to serve on the Schertz- Seguin Local Government Corporation. Mayor Carpenter stated that he has served on the Tax Increment Investment Zone Board #2 (TIRZ) for several years and believes its time to relinquish this to another Councilmember. 08 -27 -2013 Minutes Page - 2 - Mayor Carpenter recognized Mayor Pro -Tem Fowler who suggested Council think about rotating assignments on a yearly or six month basis. This would allow Council to become aware of the activities of each of the boards and committees. Mayor Carpenter stated that he welcomes input from the citizens as well. He stated that there is no action necessary tonight but that he wanted the Council to start thinking about which board or commission they would like to serve on, that sometime after the November election Council will revisit this item. Consent Agenda Items 1. Minutes - Consideration and /or action regarding the al Meetings of August 13, 2013, and August 20, 2013. Q. 2. Ordinance No. 13 -S -30 — Conduct a public amending Part III, Schertz Code of Ordinances Development Code (UDC) of the City of Scher of Ordinances in conflict with this Ordinanc( Reading (B. James/M. Sanchez) The following was read into record: AMENDING PART III, S SECTION 21.11.911 OF THE SCHERTZ, TEXAS; REI ORDINANCES IN CONFLI4 3. Resolution No. 13 -I Council of the City Agreement for the ac the San Antonio Wa The following was NO. ,al of the minutes of the Regular sel/B. Dennis) rid consideration and /or action Section 21.11.91 of the Unified epealing all Ordinances or parts riding an effective date. Final 'HERTZ CODE OF ORDINANCES, ARTICLE 11 UNIFIED DEVELOPMENT CODE OF THE CITY OF :ALING ALL ORDINANCES OR PARTS OF T WITH THIS ORDINANCE; AND PROVIDING AN 7 — Consideration and /or action approving a Resolution by the City Schertz authorizing a First Amendment to a Temporary License ;s to and use of City Property as a staging area for the construction of Systems (SAWS) Water Tank and related facilities and other matters (B. James/M. Sanchez) record: 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 Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Antuna, to approve the consent agenda items 1, 2, and 3 as presented. The 08 -27 -2013 Minutes Page - 3 - vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried Discussion and Action Items 4. Appointments/Reappointments and Resignations to City Boards, Commissions, Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. Q. KesselB. Dennis) • Resignation of Patti Lovelady — Library Board Mayor Carpenter recognized Mayor Pro -Tem Fowler, who moved, seconded by Councilmember Edwards, to approve the ratification, regarding the resignation of Patti Lovelady. Mayor and Council expressed thanks to Ms. Lovelady for her 32 years of service to the Library Board and the City. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried 5. Ordinance No. 13 -T -33 — Consideration and /or`actio Council of the City of Schertz, Texas authorizing a Dedication fees and Parkland Development fees to th Dedication and Development fees specified by Resolu or parts of Ordinances in conflict with this Ordinance Reading (B. James/M. Sanchez /G. Logan) The following i approving an Ordinance by the City )udget adjustment to refund Parkland -ee developers that overpaid Parkland ion 08 -R -09 repealing all Ordinances and vrovidin4 an effective date. First INANCE 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 Mayor Carpenter recognized Director of Parks, Recreation & Community Services George Logan who introduced this item stating that 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 08 -27 -2013 Minutes Page - 4 - 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 313; 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 $1,000.00 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 $225.00 per lot needs to be refunded. Funds for reimbursement are currently available in the Parks Fund 317. Action requested of Council is to approve Ordinance No. 13 -T -33 authorizing 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. Staff recommends approval of first reading. Mayor Carpenter recognized Councilmernber Scagliola, who moved, seconded by Mayor Pro -Tem Fowler, to approve Ordinance' No. 13 -T -33 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried 6. Public He PH and /or actic hearing) Q. acts Kes The foll e No. 13 -T -34 - )roving an Ordir Valters) 2013 -14 Budget — Conduct a public hearing and consideration ity of Schertz FY 2013 -14 Budget. (Second required public of Schertz FY 2013 -14 Budget - Consideration and /or on the proposed FY 2013 -14 Budget. First Reading Q. into record: 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. 08 -27 -2013 Minutes Page - 5 - Mayor Carpenter recognized Budget & Finance Analyst James Walters who provided a brief Power Point presentation regarding the proposed FY 2013 -14 budget. The following information was included: Budget Goals: Balanced Structurally Conservative and Responsible Follows Financial Policies MairI - :- r__.. -, 0,,.._,: -- T ,__ „_l FOCL Man FocL Mah Tear Dep, Fory Plan Con; 5 Ye Key Buib Rebl Fire P25 Masi Holc 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 Continue to have the new Natatorium as a priority Budget Community Meetings Held the past 2 weeks Met with positive reactions from citizens Requests to keep having them in years going forward Getting immediate response to questions is a great thing Spread the word for next year! 08 -27 -2013 Minutes Page - 6 - Budget Highlights Elevated Water Tank Construction Master Communication Plan Phase 1 Council Chamber Improvements New Vacuum & Router Truck for Public Works Northcliffe Waterline Replacement Change Memo 8/27/2013 City Manager Contract Update Correct Drainage Interfund Charge Rounding Error Added Debt Service to EMS to Fund a Replacement Mayor Carpenter opened the public hearing and • Mr. Robert Brockman, 1000 Elbel Roa< consider serving food during these me( come. Mr. Brockman stated that he me they answered all his questions from last As no one else spoke, Mayor Carpenter closed the Staff answered questions from Council reg City Manager John Kessel addressed Co staff feels about the merit program stating pay raise in 6 or 7 yews. Councilmembe what they are worth in order to retain there is. City Manager John Kessel responded department heads and staff'' recently pa performance evaluation program that is ci own criteria unique to their department as )gnized the following who spoke ho stated that maybe the Council should ;s, and then maybe more citizens would th the Finance Department last week and ,k. He stated they did a great job. ng. ig the EMS Vehicle, and employee merit pay. [member Scagliola's question about how the most seasoned staff members have not seen a agliola stated we need to pay our employees I he wonders how efficient the merit program Councilmember Fowler's statement that the pated in and has taken ownership of the fitly in place. All departments developed their as adding in the City's overall core values. Mayor Carpenter recognized Councilmember Verinder, who moved, seconded by Councilmember Edwards, to approve Ordinance No. 13 -T -34 on first reading. The vote was unanimous with May ©r Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion CarrietL 7. Public Hearing on the Proposed Tax Rate for FY 2013 -14 — Conduct a public hearing and PH consideration and /or action regarding the adoption of the FY 2013 -14 Tax Rate. (Second required public hearing) (J. Kessel /J. Walters) Ordinance No. 13 -T -35 -Tax Rate for Fiscal Year 2013 -14 - Consideration and /or action approving an Ordinance on the proposed FY 2013 -14 Tax Rate. First Reading Q. Kessel /J. Walters) The following was read into record: 08 -27 -2013 Minutes Page - 7 - 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. Mayor Carpenter recognized Budget & Finance Analyst James Walters. who stated that on August 6, 2013 Council set the preliminary tax rate at 0.4999 with an M & O side of .0305 and an I & S side of .1964. If adopted this would provide about $103,000 for the General Fund. If they went with the alternative provided by staff with an M & O of .3010 it would generate about $41,000 for the General Fund. 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 late 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 t Proposed budge is balanced at this rate Preliminary: $0.4999 Rollback: $0.5218 $0.01 is equal to $247,608 revenue or $16.47 on the average home. Budget Highlights: Elevated Water Tank Construction Master Communication Plan Phase 1 Council Chamber Improvements New Vacuum & Router Truck for Public Works Northcliffe Waterline Replacement Change Memo 8/27/2013: City Manager Contract Update Correct Drainage Interfund Charge Rounding Error 08 -27 -2013 Minutes Page - 8 - Added Debt Service to EMS to Fund a Replacement Ambulance All Funds — Revenues: General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund Drainage Fund Hotel Tax Park Fund Tree Mitigation Capital Recovery I &S Fund Historical Committee Parks & Rec Foundation SEDC Grand Total All Funds — Expenses: Administrative General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund Drainage Fund Hotel Tax Park Fund Tree Mitigation General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund Drainage Fund $23,125,022 147,100 361,500 19,153,029 7,359,681 1,042,700 508,288 150,300 139,525 2,895,869 5,705,230 5,650 293,850 402,720 228.579 19,015,( 6,873,2- 1,039,0( 508,288 40,000 5,596,775 5,650 275,250 3,074,554 562,033,328 FY 2012 -13 Budget $21,888,943 $ 131,300 $ 131,000 $16,679,539 $ 5,857,199 $ 959,088 08 -27 -2013 Minutes Page - 9 - FY 2013 -14 Proposed $22,631,299 $ 147,100 $ 361,500 $19,015,038 $ 6,873,232 $ 1,039,008 Hotel Tax Fund Park Fund Tree Mitigation Capital Recovery Fund Tax I &S Fund Historical Committee Parks & Recreation Foundation SEDC Total General Propel Sales Fees Fund' Francl Permit Inter - Jurisdi Misce Licen,, Librar Other Total General $ 491,945 $ 246,484 $ 96,525 $ 3,765,624 $ 5,201,936 $ 5,650 $ 271,762 $ 508,288 $ 40,000 $ 139,525 $ 2,326,109 $ 5,596,775 $ 5,650 $ 275,250 Police 5,468,836 Fire Rescue 3,02`8,337 Inspections 472,996 Marshal Service 652,391 Streets 1,074,802 Parks & 1,195,086 Recreation Library 876,277 Animal Services 455,189 Total Expenses $22,623,299 08 -27 -2013 Minutes Page - 10 - General Fund: Revenues $23,125,022 Expenditures 22,631,299 Increase of Fund Balance 493,723 Beginning Fund Balance 3,976,709 I&S $0.2006 $0.1964 Total $0.4999 $0.4999 M &O Impact $0 $103,740 (additional funds to reserves) logy, and ve $0.1964 $0.4974 $41,990 FY 2018 Projections: Current Recommended Alternative Revenue $25,390,198 $25,513,711 $25,440,722 Expense $(25,560,569) $(25,560,569) $(25,560,569) 08 -27 -2013 Minutes Page - 11 - Reserve Funding $(171,371) $(46,858) M &O Fund Balance $4,981,568 $5,664,192 25% Goal $6,375,142 $6,375,142 Over[Under $(1,393,574) $(810,950) Budget Calendar FY 2013 -14 July 31 File with City Secretary, Budget Workshop August 6 Budget Workshop, vote to place a preliminary hearings August 13 Budget Workshop August 15 First Community Budget Preset August 20 First Public Hearing August 21 Second Community Budget Prc August 27 Second Public Hearing, First V September 3 Second Vote October 1 Budget goes into effect $(119,847) $5,219,895 $6,375,142 $(1,155,247) the agenda, and schedule public Mayor Carpenter opened the public hearing and recognized the following who spoke: • Grumpy Azzoz, 528 Wayward Pass, who inquired about information on the target tax rate slide, and what impact the $103,740 under the Preliminary Tax Rate would be. • Henry Gutierrez with Bexar Waste, 221 FM 3009, who complimented the preparation and presentation of this year's Budget and the projections of the past 5 years and forward into the future 5 years. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Councilmember Scagliola who stated that he sees no reason why the Council shouldn't go with the alternative tax rate of $0.4974 and believes it is Mayor Carpenter recognized Councilmember Fowler who asked what impact the rate would have on our reserves for the future. Mayor Carpenter recognized City Manager John Kessel who reminded everyone to be mindful of three future items of concern 1) a potential downturn of the economy, which seems to occur every 8 -10 years 2) significant needs in roadways, and funding to support their construction 3) Future drainage improvements and services, estimated at $30 million, which will be needed to handle a growing population. Mayor Carpenter recognized Councilmember Edwards who asked if joint ventures with other neighboring cities and the county areas had been taken into consideration in the future budget projections in regard to regional fire protection. City Manager John Kessel stated it had been considered but we are not at that stage yet to begin connecting with other communities. 08 -27 -2013 Minutes Page -12 - Councilmember Edwards asked Executive Director of Development Brian James if he had any knowledge of dealing with multi -use operations. Mr. James stated we will look at how we can be efficient and creative and look at costs and know we have money to jump at opportunities as they come up. Mayor Carpenter also recommended adopting the alternative rate of 0.4974. He thinks the work we have done in the past with stabilizing our debt position and the Economic Development work has paid off and puts us in a position where we can afford to take this stand on the alternative rate and we should do this for the community. Staff continued answering questions from Council. Mayor Carpenter recognized Councilmember Scagliola, who moved to approve setting the tax rate of $0.4974 for FY 2013 -14. Mayor Carpenter recognized City Attorney Katherine Tapley who asked if Councilmember Scagliola could redo the motion to approve the ordinance along with the change to the tax rate. Councilmember Edwards moved to adopt the property tax rate at 0.4974 and approve Ordinance 13 -T -35 adopting the property tax rate for FY 2013 -14. Councilmember Scagliola withdrew his motion. The motion was seconded by Councilmember Verinder. The vote was 3 -2 with Councilmembers Scagliola, Edwards and Verinder voting yes, and Mayor Pro - Tem Fowler and Councilmember Antuna voting no. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1, 2, 3, 4, 5 6 & 7. Mayor Carpenter moved to the Executive Session portion of the agenda. regular meeting into executive session at 7.19 p. m. 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; 08 -27 -2013 Minutes Page -13 - Section 551.087 Texas Government Code — Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 7.35 p. m. 12. Take any action deemed necessary as a result of the Executive Session. No actioi Requests and A 8. Announc • C • R • N No furthf 9. Requests agenda. Mayor C calls fror City is 1 currently future. Mayor Bexar W Kessel sl with Ma included 10. Reque No informati y Council y has had iow if the L they are 1cil in the he current gager John ordinance ike to be le. bers 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 08 -27 -2013 Minutes Page -14 - Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following Events: • Thursday, August 22, 2013 — Doss Audiology and Hearing Center Ribbon Cutting Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following Events: • Thursday, August 22, 2013 — Doss Audiology and Hearing Center Ribbon Cutting Mayor Carpenter recognized Councilmember Antuna who stated he attended the following Events: • Monday, August 26, 2013 — San Antonio Metropolitan Planning Organization meeting. Mayor Carpenter recognized Councilmember Edwards who stated he attended the following Events: • Thursday, August 22, 2013 — Doss Audiology and Hearing Center Ribbon Cutting Mayor Carpenter recognized Councilmember Verinder who stated he attended the following Events: • Wednesday, • Thursday, A Mayor Carpenter sta week and signed a r center, which will be As further ust 21, 2013 Scherl t 22, 2013 — Doss AL that the Guadalupe ution supportinz the Community Budget meeting. ology and Hearing Center Ribbon Cutting )upty Regional Mayors' Association met last ,tablishment of a joint emergency operations is in Guadalupe County. the meeting was adjourned at 7:45 p.m. Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis 08 -27 -2013 Minutes Page -15 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 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 and Providing an effective date — Final 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 313; 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. Council approved this on first reading at their meeting of August 27, 2013. 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 final reading of Ordinance No. 13 -T -33 authorizing 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 final reading 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 313; 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 3rd day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50558021.1 - 2 - M r O N ti N M p W W N TMM O N ti O O Qo O O N O r N L O Q O N C O V O t N M U Q t x W 00 N Q H 0 0 0 0 O O O z >O 0 0 0 O> o d D 'U') O O O U') > O 0 C O LO LO O O N LO C z O d no ce) (D c 0 co 0 N — 0 CO � d' N ci Q EfI-3 P- I- r 6-3EfJ N N ©o Q T- to > >' ci LL O W H W p V V V V V V 00000,E z c o o o o o M L O O O O M O 0 0 I'- LO O O N LO C z O d — tid 0 tom 0 0 0 N — 0 ld) LO d' N "T Q 6a NN6a O 6-3EfJ N N n Q ci Hw O L) H W O a U !- p Q-' Of Q-' Of Of 00000,E <00000n x 0 0 0 0 0 0 0 0 0 0 C z 0 0 0 0 0 0 0 0 o o O "T N "T L o O O N N n Q T N qT LO (N D O O N N N J W O O O O O O P 0 0 0 0 0 0 0 N N N N N N W O M N N N > N N N N N W I� O O co co co H D p 0 0 0 0 O O O O O aN N N N N O CO r 0) W jNN CIO � QLO O co � p W :? M O J z z Z Z am? =»� O D z ~ ~ w EQ;';�� co O O N 0) N O rn O 00 O c O Z) O U) ry 70 Q O cu U ca 0 L 0 ca U_ N c� 0 a� M O N O M co N N 3 N Ad Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: EMS Subject: Resolution No. 13 -R -71 Authorization to enter into Interlocal Agreements with cities and emergency services districts served by Schertz Emergency Medical Services BACKGROUND Since its inception in 1974, the City of Schertz's Emergency Medical Services has provided regional ambulance transportation. Currently we serve the communities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma and Universal City. We also serve Comal County ESD 6 which includes the City of Garden Ridge, the Bracken community and the areas along F.M. 3009 to its terminus with State Highway 46. (Customers) We have served all but 2 of these Customers since 1974. Each of these Customers has always contributed financially to the provision of these services with the "per capita" funding formula being adopted in the late 1990's. In FY 2005 -06, the City entered into our first multi -year Interlocal Agreement with all of our Customers. This was done to enable Schertz and our Customers to better plan for capital purchases and other long term needs. The first multi -year interlocal agreement was for three years and when it terminated in FY 2007 -08, all of our Customers agreed to a five year agreement. This five year agreement will terminate at the end of this current fiscal year. In preparation for this, we have met with each of our Customers to seek agreement on another five year interlocal agreement. Each Customer has agreed to this extension. The interlocal agreement language attached as Exhibit A, is the same language that has been in this agreement for the past eight years, with one change. The Termination Clause has been extended from ninety days to one year notice prior to terminating the agreement. This was a suggestion of a customer city that felt both Schertz and our Customers would be better protected by increasing the length of the require notice of termination. FISCAL IMPACT The per capita fees received from our Customers makes up 49% of our annual cash collections or 30% of total revenue. With this five year extension, the per capita rate is being increased 3% (from $12.58 to $12.96) and up to 3% annual adjustments are called for in each year of the agreement going forward. The total per capita payments for FY 2013 -14 are: City Council Memorandum Page 2 FY 2012 -13 FY 2013 -14 Per Capita Rate $12.58 $12.96 Population Total Population Total Cibolo 18190 $ 228,830.20 19580 $ 253,756.80 Comal County ESD 6 6998 $ 88,034.84 6998 $ 90,694.08 Live Oak 13131 $ 165,187.98 13455 $ 174,376.80 Marion 1066 $ 13,410.28 1066 $ 13,815.36 Santa Clara 725 $ 9,120.50 725 $ 9,396.00 Schertz 31465 $ 395,829.70 32478 $ 420,914.88 Selma 5540 $ 69,693.20 5540 $ 71,798.40 Universal City 18530 $ 233,107.40 18530 $ 240,148.80 Total 95645 $ 1,203,214.10 98372 $ 1,274,901.12 RECOMMENDATION Staff recommends approval of Resolution No. 13 -R -71 authorizing the City Manager to sign the updated interlocal agreements with EMS customer cities. ATTACHMENT Resolution No. 13 -R -71 with Interlocal Agreement attached RESOLUTION NO. 13 -R -71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City renew Interlocal Agreements with surrounding communities and emergency service districts relating to the provision of emergency medical services within those jurisdictions by the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these surrounding communities and emergency service districts pursuant to the Interlocal Agreement 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 each contracting jurisdiction in substantially the same form set forth on Exhibit A. Future amendments to the Agreement or replacement interlocal agreements with any jurisdiction that do not change or increase the City's obligations to provide services but that solely have the effect of increasing the jurisdiction's payments to the City may be executed by the City Manager without further action by the City Council. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3rd day of September, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - EXHIBIT A INTERLOCAL AGREEMENT 50506221.1 - 3 - EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT This Emergency Medical Services Interlocal Agreement, effective as of October 1, 2013 (this "Agreement "), is between the City of Schertz, Texas, a political subdivision of the State of Texas (the "City "), and the {insert political subdivision name}, a political subdivision of the State of Texas (the "Contracting Jurisdiction "). WHEREAS, the City has an emergency medical services department known as Schertz EMS (the "Department ") which provides certain emergency medical services within the City and, by interlocal agreement, within other jurisdictions; WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect the health and safety of persons within the Contracting Jurisdiction; WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this Agreement relating to the provision of certain emergency medical services within the Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting Jurisdiction with respect thereto; WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the State of Texas and are authorized the execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (the "Emergency Medical Services ") within the jurisdiction of the Contracting Jurisdiction (the "Service Area "). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department's response area and that calls are answered on a next - available - ambulance basis. (b) The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly to the Department by the Department's radio frequency or via telephone to the Department's primary dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the radio frequency specified and in a manner approved by the Department. (c) The Department shall observe and comply with all applicable federal, state, county, and City laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement and shall perform such services in a professional manner in accordance with standard emergency medical services practice. (d) The City agrees to permit the Contracting Jurisdiction to review the Department's run statistics maintained in the Department's offices. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the Contracting Jurisdiction without the appropriate written consent of the patient or the patient's authorized representative or without a specific court order. Section 2. Term and Renewal . This Agreement shall be for a term commencing with the effective date of this Agreement through and including September 30, 2014 (the "Initial Term "). This Agreement shall thereafter shall be automatically renewed for four (4) succeeding periods of one year (each, a "Renewal Term ") unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided at least one year prior to the desired end of this Agreement. Section 3. Consideration. (a) In consideration of the City's provision of the Emergency Medical Services during the Initial Term and each Renewal Term, the Contracting Jurisdiction agrees to pay the City $12.96 per citizen based upon the most recent population estimates as agreed upon by the Contracting Jurisdiction and the City payable in four equal installments on the first day of each quarter of the Contracting Jurisdiction's fiscal year. This Initial Term payment will be {Total Dollar Amt} based upon a population of {Population} people. (b) Prior to the beginning of each Renewal Term, the Consideration per citizen may be increased based upon the most recent 12 -month Consumer Price Index for All Urban Consumers (CPI -U) for Medical Care to a maximum of 3 %. In addition, population estimates for the Service Area shall be updated for each Renewal Term and shall be effective with the beginning of each Renewal Term. (c) Any party paying for the performance of governmental functions or services must make such payments from current revenues available to the paying party. (d) The Contracting Jurisdiction agrees that, in addition to the fee payable by the Contracting Jurisdiction to the City pursuant to Section 3(a), patients shall be billed by the City for all services rendered to them by the Department. The Contracting Jurisdiction agrees to assist the City in developing information to permit the City to collect such charges. In no event shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Contracting Jurisdiction. Section 5. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 6. Amendments. This Agreement represents the complete understanding of the City and the Contracting Jurisdiction with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties and the consent of the City. Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.) IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services Interlocal Agreement, effective as of the date first above written. CITY OF SCHERTZ, TEXAS 3 City Manager (INSERT POLITICAL SUBDIVISION NAME) 3 Title Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: City Council Subject: Boards, Committees, and Commission appointments /reappointments and Resignations BACKGROUND The Library Board currently has two vacancies as a result of the recent resignations of Shonale Burke and Pattie Lovelady. There is also a vacancy on the Parks & Recreation Advisory Board as a result of the resignation of Terry Armstrong. The City Secretary's office has received the following applications: Howson Lau — Library Board Timothy Mithofer — Library Board Reginna Agee — Parks & Recreation Advisory Board FISCAL IMPACT None RECOMMENDATION Staff recommends Council ratify the appointments of the following: Move and appoint Patti Dilworth and Joanne Ward from Alternate members to Regular members, and appoint Howson Lau and Timothy Mithofer as Alternates 1 and 2 to the Library Board. Move Johnie McDow from Alternate 2 to Alternate 1 and appoint Reginna Agee as Alternate 2 to the Parks and Recreation Advisory Board. Attachments Applications: Howson Lau, Timothy Mithofer, and Reginna Agee Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: Sept. 3, 2013 Department: Parks, Recreation and Community Services Subject: Discussion: Consider a resolution relating to noise, parking and hours of operation for the "Gridiron Heroes Special Event and Live Music" in Pickrell Park ". (G. Logan/B. James) BACKGROUND The Gridiron Heroes Special event will be held at Pickrell Park on Friday and Saturday night, September 13th & 14th, 2013. Event attendees and volunteers, working the "Gridiron Heroes and Live Music" special event will likely be in the park beyond the curfew hours of 11:00 p.m. each night. Gridiron Heroes provide funding for student athletes who are impacted by and suffer from spinal cord injuries playing football. This resolution will waive the pavilion fees, park curfew hours, noise ordinance restrictions and the parking of motorized vehicles at Pickrell Park for the volunteers and band members for the hours from 11:00 p.m. to 1:30 a.m. in the early morning hours of September 13th & 14th, 2013. They have provided the City with a copy of their insurance for $1,000,000.00 naming the City as additional insured. Goal Raise funds for the "Gridiron Heroes" special event for student athletes who are impacted by and suffer from spinal cord injuries playing football. Community Benefit Heightened community awareness event with celebrities playing softball and fundraising for student athlete football players impacted by spinal cord injuries. Summary of Recommended Action: Recommend approval of this resolution relating to noise, parking, and hours of operation for the "Gridiron Heroes" Special Event and Live Music in Pickrell Park. FISCAL IMPACT $400.00 Use Fees for Pickrell Park Pavilion waived for this event. City Council Memorandum Page 2 RECOMMENDATION Recommend approval of this resolution relating to noise, parking, and hours of operation for the "Gridiron Heroes" Special Event and Live Music in Pickrell Park. RESOLUTION NO. 13 -R -72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR THE "GRIDIRON HEROES" SPECIAL EVENT AND LIVE BAND IN PICKRELL PARK, AUTHORIZING EXTENTION OF PARK HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEHICLES IN PARTICULAR PARK AREAS. WHEREAS; it is the desire of the City Council to comply with Chapter 54, Section 54.20 and Chapter 58, Section 58.2, and 58.6 of Code of Ordinances, City of Schertz, Texas; and WHEREAS; said Chapter 54, Section 54.20 provides that playing of musical instruments, etc. in such a manner or with some volume, particularly after 11:00 p.m. is declared to be a noise nuisance; and WHEREAS; said Chapter 58, Section 54.2 provides that the City Council shall designate the particular Park and Recreation area and designate particular dates and particular times to which the provisions of this section apply; and WHEREAS; said Chapter 58, Section 58.6 provides that the City Council shall designate the particular Park and particular Recreation area and authorize parking to other motorized vehicles to which the provisions of this section apply; and WHEREAS; said Chapter 58, Section 58.2 provides that the City Council shall designate the particular Park and Recreation area and authorize the extension of hours to which the provisions of this section apply; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERZ, TEXAS: THAT, in the best interest of the citizens attending the " "Gridiron Heroes" in Pickrell Park" at the address shown in "Exhibit A" be designated in compliance with all mentioned Chapters and Sections of the Code of Ordinances of the City of Schertz. THAT, the dates of these restrictions and to which restrictions apply are September 13, 2013, through one thirty a.m., September 15, 2013. THAT, said restrictions authorizing parking of other motorized vehicles to which restrictions apply are September 13, 2013 through one thirty a.m. September 15, 2013. PASSED, APPROVED AND ADOPTED this the 3rd day of September 2013. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis AIl °® CERTIFICATE OF LIABILITY INSURANCE 8/23/2013YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Liz Y Cruz NAME: Alamo Insurance Group FAX PHONE xt,. (210) 930 -6665 A/C No: (210) 930 -1838 ADDRless:lcruz @alamoinsgrp. corn 3201 Cherry Ridge Drive Suite D405 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A:Philadel hia Indemnity 18058 San Antonio TX 78230 INSURED INSURER B: INSURER C: Gridiron Heroes Foundation INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence 1664 Royal Palm INSURER E: CLAIMS -MADE FxI OCCUR INSURER F: PHSD821950 Schertz TX 78154 -3737 COVERAGES CERTIFICATE NUMBER:CL1382306046 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS Schertz, TX 78154 GENERAL LIABILITY John McMahan /SERV EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 50 000 A CLAIMS -MADE FxI OCCUR PHSD821950 4/1/2013 4/1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY PRO LOC $ _7 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- I I OT H- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Event at 703 Oak, Schertz, TX 78154 Certificateholder is additional insured per General Liability form PI -BP -001 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS025 r9n1nns ol ©1988 -2010 ACORD CORPORATION. All rights reserved. Tha arnpi1 nnma and Innn nra ranictararl mnrkc of arnpi1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Schertz, Parks, Recreation ACCORDANCE WITH THE POLICY PROVISIONS. & Community Services AUTHORIZED REPRESENTATIVE Sandy Bryant, Sr. Admin. Asst. 1400 Schertz Parkway Schertz, TX 78154 ' John McMahan /SERV ACORD 25 (2010/05) INS025 r9n1nns ol ©1988 -2010 ACORD CORPORATION. All rights reserved. Tha arnpi1 nnma and Innn nra ranictararl mnrkc of arnpi1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: Finance Subject: Ordinance No. 13 -T -34 Final Reading Fiscal Year 2013 -14 Budget 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 had two required public hearings. The first public hearing was conducted at the August 20, 2013 regular session. The second public hearing was conducted on August 27, 2013 during the regular session. Council will vote to adopt the proposed City FY 2013 -14 budget at the Council meeting on September 3, 2013, at 6:00 P.M. in the City Council Chambers. FISCAL IMPACT General Fund $22,631,299 Special Events Fund $ 147,100 PEG Fund $ 361,500 Water & Sewer Fund $19,015,038 EMS Fund $ 6,873,232 Drainage Fund $ 1,039,008 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 $62,033,328 RECOMMENDATION Staff recommends that the City Council approve final 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: 2013 -2014 Budget General Fund $22,631,299 Special Events Fund $ 147,100 PEG Fund $ 361,500 Water & Sewer Fund $19,015,038 EMS Fund $ 6,873,232 Drainage Fund $ 1,039,008 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 $62,033,328 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, 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 3rd DAY OF SEPTEMBER 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: September 3, 2013 Department: Finance Subject: Final Reading Ordinance No. 13 -T -35 — Fiscal Year 2013 -14 Tax Rate BACKGROUND 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. On August 27, 2013 Council voted to amend the tax rate to $.04974. The proposed rate is not subject to rollback. In accordance with Chapter 26 of the Texas Tax Code, the City Council must hold two public hearings on a proposed tax rate. The first required public hearing was conducted at the regular council session on August 20, 2013; and the second public hearing was conducted on August 27, 2013 at the regular session. This is the final reading of Ordinance 13 -T -35. FISCAL IMPACT The Property Tax Rate is $0.4999 per $100 valuation. The M &O portion of the tax rate will increase from $0.2993 to $0.3010 per $100 valuation. The I &S portion will decrease from $0.2006 to $0.1964. M &O Rate $0.3010 I &S Rate $0.1964 Total Rate $0.4974 RECOMMENDATION Staff recommends that the City Council approve final reading of Ordinance No. 13 -T -35 approving the Fiscal Year 2013 -14 Tax Rate. The motion is "I move that property taxes be increased by the adoption of a tax rate of $0.4999 and adoption of an ordinance adopting the 2013 tax rate ". 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 WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 20th day of August, 2013 and a second Public Hearing was held on the 27th 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 $2.80. 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 Seventy -Four Cents ($0.4974) 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. 0.3010 for the purpose of maintenance and operation 1. 0.1964 for the payment of principal and interest on debt 2. 0.4974 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 3rd DAY OF SEPTEMBER 2013. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 3, 2013 Department: BACKGROUND Development Services Subject: Ordinance No. 13 -5 -36 Conduct a public hearing and consideration and /or action upon a request to rezone approximately 194.56± acres of land from Predevelopment (PRE) 186.98 acres and General Business (GB) 7.58 acres to Planned Development District (PDD). The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 feet south of the intersection of the 1H 35 frontage Road and Eckhardt Road and proposed as the Parklands Subdivision. First reading (B. James/L. Wood) The applicant is proposing to rezone approximately 195 acres of land generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. Currently, the property is zoned Predevelopment (PRE) and General Business (GB). The subject property is currently undeveloped and proposed as the Parklands Subdivision. Eighteen (18) public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in "The Daily Commercial Recorder" and the "Herald" prior to the City Council public hearing. Staff received one (1) response in favor and three (3) responses in opposition of the proposed request. The responses received in opposition expressed concerns with drainage and the potential for increase in taxes. Goal Rolling Hills Ranch Development LLC is requesting to rezone approximately 195 acres of land generally located south of the intersection of IH 35 frontage Road and Eckhardt Road from Predevelopment (PRE), Residential Agriculture (RA), and Planned Development District (PDD) to Planned Development District (PDD) to develop a single family residential neighborhood that provides a mix of residential lot sizes with open space and parkland. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The proposed density is consistent with the Comprehensive Land Plan designation use of Single Family Residential which provides for traditional neighborhood development. The proposed zoning allows for three (3) different minimum lot sizes; 6,000 square feet, 7,200 square feet, and 8,400 square feet as shown on the master general development plan. The master general development plan also provides for a potential Comal ISD school site and a public park. The proposed PDD also provides some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Density of the subject property shall be a maximum of 2.60 dwelling units per acre or 505 single family residential lots. 2. Table one — dimensional requirements - Residential of the PD requires a minimum front yard setback of 25'. The minimum rear yard setback is 20' and minimum side yard setback is 10' or with a residential sprinkler system installed a minimum 5' side yard setback will be permitted. Additionally, no encroachments shall be permitted in the 5' side yard setbacks. 3. The subdivision will provide a 60' collector that bisects the property to service the residential, school and Public Park and provide landscape buffer to create a boulevard feel along the collector. 4. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Plan (FLUP) designates the subject property for Single Family Residential which is defined in the Comprehensive Land Plan as areas proposed to utilize a traditional neighborhood design for single family residential to include a mix of residential uses as well as limited commercial development to support the daily activities of the development. Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. An agreement is executed between the developers of Parkland Subdivision and Cypress Point Subdivision for the capacity of the lift station located at the entrance of Cypress Point. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is consistent with the FLUP. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential /agriculture and a single family residential. Staff believes that the rezoning request will be compatible with the surround properties. PARKS: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9. 10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Parklands Subdivision. The Comprehensive Land Use Plan identifies this area as Single Family Residential to utilize a traditional neighborhood design for single family residential. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and the plan has incorporated in curve- linear streets, view corridors and parks and open space to include hike and bike trails. Staff has been working with the developer over the last several months to create a development that provides a pedestrian friendly environment that includes a neighborhood public park and school site. In addition to the park site to be dedicated to the City, the master development plan provides a number of other large areas of open space. While some of these are intended to convey drainage, others are more visible and can provide usable open space. The disc golf course area is encumbered by an overhead utility line and easement. Any improvements for a disc golf course must be approved by the utility company. The design provides for a curve- linear street pattern that is intended to create more interesting view corridors and discourage speeding. The proposed layout provides connections to adjacent tracts as well as two points of access to the existing Eckhardt Road. The proposed zoning allows for a 5' side yard setback if a residential sprinkler system is installed. While part of the reason for larger side yard setbacks is aesthetic the other is for fire protection. The 10' setback that is normally required poses a challenge for smaller "garden home" products. Staff is supportive of this provision as a sort of test case. If this provision is taken advantage of and if it is determined appropriate it could be used in other situations where appropriate. FISCAL IMPACT None. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 14, 2013 and offered a recommendation of approval by a vote of 6/1 with Mr. Ernie Evans voting nay. Staff recommends approval of the zoning request based on the compliance with the Comprehensive Land Use Plan. ATTACHMENT PDD Document Ord. No. 13 -5 -36 ORDINANCE NO. 13 -S -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING APPROXIMATELY 194.56± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 186.98 ACRES AND GENERAL BUSINESS (GB) 7.58 ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JOHN NOYES SURVEY NUMBER 259, ABSTRACT NUMBER 253, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKHARDT ROAD.; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 194.56± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on August 14, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District (PDD) in accordance with the Planned Development District Design Standards attached as Exhibit C (the "Original Design Standards"). WHEREAS; on September 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned Planned Development District (PDD) known as Parklands Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Section 3. 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. Ordinance 13 -S -36 Parklands Subdivision Section 4. 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 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 3rd day of September, 2013. PASSED, APPROVED AND ADOPTED on final reading the day of , 2013. Michael R. Carpenter, Mayor ATTEST: Ordinance 13 -S -36 Parklands Subdivision Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -36 Parklands Subdivision LIN alil -a M�� anioresalla . uv acre trac� Nofff-=I-W-Nest� a (17-tance of 489A5 feet to a one half inch steel pin set for the north comer of the aforesaid 7.00 acre tract. THENCE with the northwest line of the aforesaid 7.000 acre SJ-2 ir.OXM-A--PL� W M IWAINW A "W"" interest), recorded in Vol 1894, Page 878 of the Official Public Records of Guadalupe County, Texas. THENCE cutting across the aforesaid 10.00 acre tract South 60' 36' 24" West a di nee of 464.59 feet the southwest line of the aforesaid 163 % acre Md. THENCE with the southwest fine of thi N rth 25' 04' 06" West a distance of 441.04 fQet to a one Texas. THENCE with the southeast line of the aforesaid 49.4 acre South 64' 05 47 West a distance of corner of the herein described 49.59 acre tract. THENCE = the northeast right-of-way line of Eckart Road, North 25' 29' 19" West a distance of of Eckart Road and the southeast line of (County Road No. 376D) Froboese Road, THENCE with said cutbm� North c25.80 fe.-) for a comer of the herein described 49.59 acre tract. THENCE along the southeast line of (County Read No. 376D) Froboeso Road. North 64P 19' 507'East- a MMMM-�- M. � fl fi awl MOM M. Volume 1544, Page I • the Official Public Records of Guadalupe County� Texas, and being the north corner of the 49.4 acres tract. �fl THENCE with the southeast line of the said 10.000 acre trac� North 64' 21'41" East, a distance of -w4t4VILf'9Fm- being the, south: comer of a called 10.000 acre tract as described in a deed to Mchael Alton Brumfield, recorded in Volume 1262, Page 233 of the Official Public Records of Guadalupe County, Texa& e age 0 e cl u Guadalupe County, Taxass -fT/-ZTleet to tfte piautr of BEGEVNING. Bearings based on deed recorded in Volume 1064, Page I of the Official Public Records of Guadalupe County, Te7m. Jerry D.Arilldc, Jr. Registered Professional Land Surveyor No 4724 -1 00 C, � &Q R C3 In- --4 C HI W J< > fli M Z z 0 C101 --I �M Cali Al %A 'N\ VD Cf) so, V� V. LS E I HIP Jill Ni B�f gggg \ Exhibit B � _. -_ �� ice; —T' -I� �'! � �.._.• �i�__,. �� n �I� �� i 'r� ��� ��� q � �;� � �� � �� ��. ��t., �� , p p- . ! vt A. Mvduction ........ ....... 18. ft and IntsaL . ....... a Ift pw; 2 D. In CotftA to ft (Ay ot fther� m ....... I L Pmwam, (ArWe 1) A, R"On 10 COMPMfMW" P'hn$ (SOOdOn 21 � 14. ...... 4 UL ZDnhV Oftffieft (AM010 5 A. Sirgk-�- Fam Ili PvwMm- fial'IDItmd per ft P DD � �-- ion 21.54) 4 S.MmrWo nail and Dwelopftwt, MwWardls, 21 Z W I a- Pankta-d Me (Sed' b , D. ptarMd Devekpijw-ti Ofstn)U (sact� 21, -,&10) ........... -,8, IV, - ftftlid Usm (Ar," 8) A. Hbme Omws-Anw-Mon (Se don 2 1A, It) . ...... B. Ard*,ectu-nal Conlrd Conwftel V. S ft Deftn Stmdwdr's (Arft* 0) A. Lob 9 B - Exterior Smnft oft ($eoton 21 C. General Landscaping (Section 21.9.7)........... 10 D. Fencing and Screening (Section 21.9.8) ........ ........ 10 LM - Exhibit "A" - Overall Plan- Proposed Park & Open Space Exhibit "ID" - Survey w The Parldands Planned Development District March 2013 Analysis of the property does not reveal any physical constraints or potential health or safety hazards. Further evaluation of the tract reveals that water and sanitary sewer are available and that the properties' demands can be served. Electric service is available to this tract, but gas service is not. 2 The Parldands Planned Development District March 2013 The Parklands Planned Development District March 2013 W, all A. Relation to Comprehensive Plans (Section 21.1.51, 1 . Land Use and Thoroughfare Plan There are circumstances, due to property constraints or external factors, which do not always support the notion that one size fits all especially in applying zoning subdivision codes as such relates to property development. A. Single-Family Residential District per the PDD (Section Each area, as shown and identified on the attached PDD Master Plan, is comprised of a single-family attached or detached residential dwelling on three 11 The Parldands Planned Development District March 2013 (3) minimum size lots of 6,000 sf, 7,200 sf, and 8,400 sf. In keeping with the UDC's concept of creating a neighborhood unit, this proposal includes parks, and open space, and playscape and hike and bike trails. B. Dimensional and Developmental Standards (Section 21.5.7) The applicable dimensional and development standards for residential districts. Table One, as shown herein, reflects those residential changes proposed by this PDD development, 2. Double Frontage Lots 5 The Parldands Planned Development District March 2013 the same restriction and orientation as the lot on either side. Access in this case shall mean, but not limited to any opening or gate for use by vehicles or pedestrians. Permitted principal uses on a residential lot are described in Table One. 6 g Ml a +s La a cu era w en w — �_ c in U) ®} > Q w - -05 c 0 \° U7 r O f E xuD(oco Q) � t .� c cn - 0 11 ci LOLOLO ce) ce) Cl) (Z — x cz Cii — a E cz ' NNNi m E� cL2 ;a= (D - �- -0 (D cz °°� `� � (D �� —(, Z3 0 L O o D c� ° 0 0 ��L C 0- 0 .� m 0-- a) 70 Y �CZ CO 0U) � �(,cz� -9 aN CM C 2m a° CO =cz f 0 0 N 0;0' N`N _0 ay ® — a CZ O O _O 0 0 Lo (D N ® °*O O O O g x ® x O + O ®5 0 0-0 O —t C LO CO ti _ O (� 0 Q E E =— (n —0 cts _ X000 M 0 0 0 D E-o Q7 1 E w m ®y 0 tLf Q} O N " = -0 O O O v 0 C M :M .--ti -w v O T N O _0 C O ° = E = •E = •E CtS cii _0 < �r O U LL LL LL cz U (D O -0 0 N U) N Q> O ® O 0_ -0 Q) .— 0 E > E f•7 ®} O LC} O LO O 0 w— O 0 0 0 LL cn LL On R �. < ®i O # cn fll cz La The Parklands Planned Development District December 2012 D. Planned Development District (Section 21.5.10) The Parklands, a master Planned Community, is an innovative design meant to promote a sense of home, of human scale, and pedestrian awareness. From its tree lined hike and bike trail to its forty eight (48.69) plus acres of parks and open space, The Parklands will truly demonstrate a sense of belonging. A. Home Owners Association (Section N The Parklands Planned Development District December 2012 116 This proposed development conforms to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities. Lot sizes and dimensions will conform to the minimum requirements recognized in Table One of this PD. In addition, the following requirements will apply to this PD D: For all new residential buildings excluding multifamily structures, the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum eighty percent (80%) masonry. Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, N The Parklands Planned Development District December 2012 stucco, cemetatious fiberboard, split face concrete masonry units, concrete with aggregate finish, and faux stone or brick. 0. General Landscaping (Section 21.9.7) MIN N 01,119 D. ::.»2: + 7L¥ Screening (Section \}©f Fencing along the internal collector shall consist of a six (6) foot wood fence, or masonry fence, with masonry columns. A staggered fence along the internal collector is encouraged. Under this staggered fence scenario the landscape buffer next to the internal collector right-of-way would have a variable width, not to be less than 15' or more than 20'. R"INEW''am'' m2EHME The provisions of this section shall only apply to entry signs that identify the residential or commercial development associated with this PDD. 1. Maximum HeigIM Subdivision entry signs shall be monument type signs and shall have a maximum height of six (6) feet in height. M The Parklands Planned Development District December 2012 The maximum area of a subdivision entry sign shall not exceed thirty-two (32) square feet per sign face and may consist of surface with lettering and text, or just lettering or text. Entry sign(s) shall be permitted at the each primary subdivision entrance. Secondary entrances may have one (1) subdivision entry sign per entrance, which shall be a maximum of seventy-five percent (75%) of the size of the primary entrance sign. A subdivision entry sign(s) may be located at each entrance into the subdivision on one or both sides of the street entrance or in the median as approved by the Director of Works. 5® Subdivision Entry Feature B. Development Signs (Section 21.11.1 1 . Maximum Area Signs shall not exceed thirty-two (32) square feet. 2. Maximum Height One (1) sign per entry, whether a primary or secondary entrance, for the residential development, not to exceed a total of three (3) signs. M The Parklands Planned Develoi3ment District December 2012 Development signs maybe installed at any time after approval and recordation of the phase one plat. Two development signs are permitted for the community for a duration of four (4) years. If the community is not at 50% build-out at the end of four years, then the signs may stay installed for a fifth (5) year. `1�1_' INMM M The Parklands Planned Development District December 2012 13 wail;, S24 °42'57 "E ' 1 968.40' o z ` ° o cVi �1 A lo. co g o e _ _ X13 CL I� - n gg w i� M2 1 "'m8 U S24 °35'18 "E 91517' _ � LU F- o v o S25 °21'48 "E 683.67 - - -- - -S2 - — ,60282 - N „Lb,60a90N A �I m R ” LL. 1 o r : 1 11 r 1 1 1 1 6 a 1 �\ ssosz LW �z Roe Z6 L9�hZS w ,SL 06E 3 dl M, OZ,SO "90N M m '— � ,b0'LDh M.90, z - e cri e .�d 194.56 acre tract being more particularly d s be ........... a• Ww�s 410 oil Texas. -ruolic Xecorcis ol UuacWupe County,- TTTMIMVTM�Lac. the place of BEGINNING. Bearings based on deed recorded in Volume 1064, Page I of the Official Public Records of Guadalupe County, Texas. (A-11 pins set wn red cap stamped No. 4724) Xe D. 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The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east of the intersection of FM 1518 and Lower Seguin Road and proposed as the Rhine Valley Subdivision. First reading (B. James/L. Wood) The applicant is proposing to rezone approximately 140 acres of land generally located east of the intersection at FM 1518 and Lower Seguin Road. Currently, 4.34 acres is zoned Predevelopment (PRE), 9.89 acres is zoned Residential Agriculture (RA) and 123.28 acres is zoned Planned Development District. The PDD was approved by City Council on October 18, 2011 and allows for up to 547 single family homes with a minimum lot size of 5,400 square feet. The subject property is currently undeveloped and proposed as the Rhine Valley Subdivision. Fifteen (15) public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in "The Daily Commercial Recorder" on August 19, 2013 and the "Herald" on August 22, 2013. Staff received one (1) response in favor and two (2) responses in opposition of the proposed request. The responses received expressed opposition with concerns to traffic safety and the proximity of the development to their home. Goal Fred Development is requesting to rezone approximately 140 acres of land generally located east of the FM 1518 and Lower Seguin Road from Predevelopment (PRE), Residential Agriculture (RA), and Planned Development District (PDD) to Planned Development District (PDD) to develop a single family residential neighborhood that provides a mix of residential lot sizes with open space and parkland. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the proposed density is consistent with the plan designation of mixed use neighborhood. The proposed zoning allows areas for lots of three (3) different minimum sizes: 5,400 square feet, 6,000 square feet, and 7,200 square feet as shown on the master general development plan. The proposed PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Density of the subject property shall be a maximum of 3.25 dwelling units per acre or 447 single family residential lots. 2. Table One — Dimensional Requirements - Residential of the PDD requires a minimum front yard setback of 25' for lots that are 45' in width and a 20' front yard setback for lots 50' and 60' in width. The minimum rear yard setback is 20' and the minimum side yard setback is 5' except that the minimum side yard setbacks for corner lots shall be 15'. Additionally, no encroachments shall be permitted in the 5' side yard setbacks. 3. The applicant is providing a six (6) foot tall masonry fence with landscape buffer along Ray Corbett Drive (60' ROW) and Lower Seguin Road (60' ROW) to enhance the overall aesthetic appearance of the area. The UDC does not require a masonry fence adjacent to a 60' ROW. UDC, Sec. 21.9.8 requires screening of roadways for principal (120' ROW) or secondary (86' ROW) arterials roadways only. 4. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The Future Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive Land Plan as areas for residential use and open space. • Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways with usable open space and trails. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed single family residential use is currently planned for a large portion of the subject property. Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is currently planned for the subject property. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, residential /agri culture and a public school. Staff believes that the rezoning request will be compatible with the surrounding properties. Parks: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9. 10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5) acres of parkland in the Rhine Valley Subdivision. The Comprehensive Land Use Plan with the Schertz Sector Plan amendment identifies this area as Mixed Use Neighborhood which provides for walkable neighborhoods in the vicinity of the intersection of FM 1518 and Lower Seguin Road. The rezoning request and the plan has incorporated in curve- linear streets, view corridors and parks and open space to include hike and bike trails. Most of the site is zoned under the Pride Rock Ranch PDD which provides a maximum density of 4.48 units per acre and 547 single family homes. The subject property, which includes an additional 14 acres, allows for a density of only 3.25 dwelling units per acre and up to 447 residential homes, 100 less than the current PDD. Staff has been working with the new developer over the last several months to improve the layout and design of the development and believe that the reduction in density, the addition of landscaping and screening; and increase in parkland and open space and view corridors has enhanced the development. The design provided for under the current zoning is a modified grid pattern with very uniform lot sizes and a significant number of lots fronting to streets which are anticipated to carry more traffic, streets that are long straight shots which are likely to create speeding issues, and backing conditions with no landscaping or screening. By contrast the proposed layout seeks to break the property up into a number of smaller pods of development, provides for a more curve- linear street pattern that is intended to create more interesting view corridors and not encourage speeding. The layout provides for a pedestrian connection to the adjacent school, allowing students who live in the neighborhood to more easily walk to school. The proposed layout provides access to the park/open space form the adjacent neighborhood pods. FISCAL IMPACT None. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 14, 2013 and offered a recommendation of approval by a vote of 6/1 with Mr. Ernie Evans voting nay. Staff recommends approval of the zoning request based on the compliance with the Comprehensive Land Use Plan and the improved design and layout of the subdivision. ATTACHMENT PDD Document Ord. No. 13 -S -37 ORDINANCE NO. 13 -S -37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING APPROXIMATELY 137.51± ACRES OF LAND FROM PREDEVELOPMENT (PRE) 4.34± ACRES, RESIDENTIAL AGRICULTURE (RA) 9.89± ACRES AND PLANNED DEVELOPMENT DISTRICT (PDD) 123.28± ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5059, AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACT 43, COUNTY BLOCK 5056; BEXAR COUNTY, TEXAS GENERALLY LOCATED EAST OF THE INTERSECTION OF FM 1518 AND LOWER SEGUIN ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The property owner is requesting to rezone approximately 137.51± acres of land described in the Exhibit A and B attached hereto and incorporated herein by reference (hereinafter, the "Property "). WHEREAS, all required notices have been provided; WHEREAS, on August 14, 2013, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval of the request for a zone change to Planned Development District (PDD) in accordance with the Planned Development District Design Standards attached as Exhibit C (the "Original Design Standards"). WHEREAS; on September 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Subject to Section 4 below, the Property as shown in Exhibit A and B is hereby zoned Planned Development District (PDD) known as the Rhine Valley Subdivision. Section 2. The Official Zoning Map (Ordinance No. 11 -S -15) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Ordinance 13 -S -37 Rhine Valley Subdivision Section 3. 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 4. 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 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Section 10. Any person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 3rd day of September, 2013. PASSED, APPROVED AND ADOPTED on final reading the day of , 2013. Michael R. Carpenter, Mayor Ordinance 13 -S -37 Rhine Valley Subdivision ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 13 -S -37 Rhine Valley Subdivision mV 1> M 7n t,777 _ w 4060 Lw =W 'L �. - fimmwmdm A."- - ._.." .. =1_ �. io rl "Im aft *r. I "Ill g 11 �I 1 - - ,1 l' P f '; 'v'.: ' dwh _ t _ 1:� o !— b d_ . " ISM A a s art" %. _ A _ 11 ON it WSW; m AV _ ' 10. I MOO IL. 99M IJK he Im 1* b 1 - fiwA LA I of *4"1- a a Aift" Ot "I" = w lid 1 -- - ow"Ift�' - i ■ \/\ \ . 0�E m ,w«� - 1 V, , N � � = 3 m,� wa T .� 1034 OF / » � \\ (WW 3 ! � ; 6 � ,«- > : , .. � . : W /2 / \} 7 \ � /} \/\ \ . 0�E m ,w«� - 1 V, , N � � = 3 m,� wa T .� 1034 OF / » � \\ (WW 71 �, i �� ro �1 ��° re- � 21 �, Table of Contents 1. General ................. - ............................. - .......... A. Intreducti ®n .... -- ......... ... -- i B. Architectural Centr ®l Committee ......... -- .......... 6 A. Sidewalks and H ike and Bike Trails (Section 21.14. j ........... .............................10 ill. Amendments to the Planned Development District (PDD) ............................1 0 Ill I I WIND OWN I WIN Ill' Ill I ill 111111 11 1111 11111 Ill 1111 1 - � 1 11 jillill 1111111111111111 iiiiii1i - 1 11 � Exhibit "ID" - Survey IM Rhine Valley Planned Development District January 2013 �xwrgt- A Rhine Valley is intended to implement the policies and objectives contained in the City's Comprehensive Land Plal Rhine VaHey Planned-Development District January 2013 Master Thoroughfare Plan, and the Major/ Minor Thoroughfare map. Ill. Zoning Districts (Article 5) There are circumstances, due to property constraints or external factors, which do not always support the notion that one size fits all especially in applying zoning codes and subdivision regulations as such relates to property development. A. Single-Family Residential District per the PDD (Section B. Dimensional and Developmental Standards (Section 21.5.7) All lots developed for residential purposes shall comply with the minimum setbacks and maximum height and impervious coverage requirements established by Table One of this PDD. I No portion of a primary structure on a residential lot ma located any closer to any o line than is authorized in Table One. The front yard setback shall be measured from the property line to the front face of the main or primary building. 2. Double Frontage Lots and Corner Loi2 kf-I �® �� e(-O -C) 0 CL cn C7 cn XmCY) Ul cn 0 Q� - cn 0 L 4- NN� aE � m 0 > � CD C-i CD (U LO U 0 LO ®® oNNN cn �co aN N N � (D � �(D� 0 � 0 N �. �0��D �� 0 �Z �0 ® cZ < OE- �� ®�- �4- m �� Cd 'CO �® co ��� �® LL , ti ���m> Q3 0 �� kf-I Rhi-n Valley Planned Development District December 2012 C. Planned Development District (Section 21.5.10) A. Home Owners Association (Section 21 .8.1 c) Rhine Valley Planned Development District December 2012 V. Site Design Standards (Article 9) This proposed development conforms to the Comprehensive Land Plan for orderly and unified development of streets, utilities, neighborhood design, and public land and facilities. A. Lots (Section 21.9.3) Lot sizes and dimensions will conform to the minimum requirements recognized in Table One of this PD D. In addition, the following requirements will apply to this PDD- B. Exterior Standards (Section 21.9.5) For all new residential buildings excluding multifamily structures, the total exterior surface area of the structure, excluding doors, windows, and roofs shall be constructed of a minimum eighty percent (80%) masonry. Masonry material shall be defined as that form of exterior construction material consisting of brick, stone, N Rhine Valley Planned Development Distfict December 2012 stucco, cemetatious fiberboard, split face concrete masonry units, concrete with aggregate finish, and faux stone or brick. C. General Landscaping (Section D. Fencing and Screening (Section 21.9.8) k Subdivision Entry Signs (Section 21.11.15) The provisions of this section shall only apply to entry signs that identify the residential development associated with this PDD. Maximum Height Subdivision entry signs shall be monument type signs and shall have a maximum height of 6 feet. 11 Rhine Valley Planned Development District December 2012 The maximum area of a subdivision entry sign shall not exceed thirty-two (32) square feet per sign face and may consist of surface with lettering and text or just lettering or text. A subdivision entry sign(s) may be located at each entrance into the subdivision on one or both sides of the street entrance or in the median as approved by the Director of Public Works, MEMO=- B. Development Signs (Section 21.11.18) 1 . Maximum Area 2. Maximum Height Signs shall not exceed eight (8) feet in height, 3. Number of Signs One (1) sign per entry, whether a primary or secondary entrance, for the residential development, not to exceed a total of three (3) signs. Development signs maybe installed at any time after approval and recordation of the phase one plat. Two development signs are permitted for the community for a duration of four (4) years. If the community is not at 50% build-out at the end of four years, then the signs may stay installed 9 Rhine Valley Planned Development District December 2012 for a fifth (5) year. Vil. Transportation (Article 14) A. Sidewalks and Hike and Bike Trails (Section 21.14.6) 000��M 2. Hike and Bike Trails Vill. Amendments to the Planned Development District (PDDII M �,��. >" � `.� �� Y. r� � Y = � .... ' - t. rte• -'.4� - � -_:. -. M a:vo ," sN 11— CL C u h 0 -J n © U S f z� w u n_ 2 co r K; � IF o476n ( °m m N7 7 m J � ^ J J 4' w Q o U N' w o 1 # &319 NI E:::311 . 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