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04-22-2014 Agenda with backupREGULAR SESSION CITY COUNCIL April 22, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Youth Minister Jon Wilson, Cibolo Valley Baptist Church) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion regarding Code Enforcement Certification training for Citizens on Patrol (J. Bierschwale /M. Harris) 04 -22 -2014 Council Agenda • Discussion and update regarding the single family residential zoning districts (R -6 and R -7) and a possible Entertainment zoning district. (Requested by Mayor Pro -Tern Scagliola and Councilmember Edwards) (B. James/M. Sanchez) Discussion and Action Items 1. Minutes — Approve the minutes of the regular meeting of April 15, 2014 (J. KesselB. Dennis) 2. Ordinance No. 14 -S -19 — Conduct a Public Hearing and consideration and/or action PH approving an Ordinance amending the Unified Development Code (UDC) by granting a Specific Use Permit for 4202 Wensledale Drive. First Reading (B. James /M. Sanchez /L. Wood) 3. Ordinance No. 14 -F -20 — Conduct a Public Hearing and consideration and /or action PH approving an Ordinance amending the City's Drought Contingency Ordinance No. 13- F-36 by updating Exhibit B Water Conservation Plan; providing an effective date; and declaring an emergency. First & Final Reading Q. Bierschwale /J. Hooks) 4. Ordinance No. 14 -D -21— Approve an Ordinance amending the Code of Ordinances of the City of Schertz, Texas to prohibit parking on the south side of Arroyo Verde from the driveway of the Oaks of Green Valley Shopping Center to the bridge structure. First Reading (K. Woodlee /L. Busch) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. 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 8. Information available in City Council packets — NO DISCUSSION TO OCCUR 04 -22 -2014 City Council Agenda Page - 2 - • Notice of CenterPoint Energy's 2014 GRIP Filing for the South Texas Division • TxDot Update from the Northeast Partnership luncheon of April 10, 2014 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF APRIL 2014 AT 12:30 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. gre v0 2 1�5e vwai s Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. 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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 04 -22 -2014 City Council Agenda Page - 3 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Scn iola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study QLUS) Executive Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 04 -22 -2014 City Council Agenda Page - 4 - SCHHERTZ I OCOMMUNITY PPORTUNITY • Memo To: City Council From:M. Harris; City Marshal Date: April 3, 2014 Re: Code Enforcement training for Citizens on Patrol Having extra volunteer eyes and ears to assist our staff is always a welcome venture. We have researched the possibility of providing Code Enforcement certification training to volunteers such as the Citizens on Patrol. According to the Occupations Code to be eligible to receive a certificate of registration as a code enforcement officer a person must: - (1) have at least one year of full -time experience in the field of code enforcement: (2) pass the examination conducted by the department or the department's designee; (3) pay the application, examination, and registration fees; and (4) meet any other requirements prescribed by this chapter or by board rule. Based on the first requirement alone, volunteers and part-time employees are not eligible. What I propose is that we conduct a code enforcement familiarization class. This will be taught in -house by a certified code enforcement officer. Completion of the class does not provide any certification or legal authority on the part of the students. It does however familiarize volunteers with key issues where their assistance can save on man -hours expended by full time staff. Volunteers will be able to recognize some of the most common violations such as: 1 (1) high grass and weeds (2) watering during prohibited hours (3) potential illegal signs (4) overhanging trees Implementation of Training Instruction will be provided by Environmental Health/ Code Enforcement Officer; Jesse Hamilton. All active Police Academy Alumni members will receive training, not just those that take part in Citizens on Patrol. By doing so, we are educating a larger volunteer pool that can relay code enforcement concerns to the Marshal's Office. All future Citizen Police Academy classes will receive a three hour block of instruction on code enforcement and environmental health issues. • Page 2 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on April 15, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on April 15, 2014. ATTACHMENT Minutes — regular meeting April 15, 2014 MINUTES SPECIAL JOINT AND REGULAR MEETING April 15, 2014 A Special Joint Meeting with the Schertz Economic Development Corporation Board and a Regular Meeting were held by the Schertz City Council of the City of Schertz, Texas, on April 15, 2014, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chamber*".' 400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards SEDC Members Present: President Tim Brown Director Sydney Verinder Director Grady Morris Staff Present: Nhhh", Executive Director John Bierschwale Executive Director David Gwin City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke Director Roy Richard Director Marvin Thomas City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order - Special Joint Meeting (City Council and Schertz Economic Development Corporation meeting) 1. Call to order by each Governing Body. Mayor Carpenter called the Special Joint Meeting of the City Council and the Schertz Economic Development Corporation to order at 6:00 p.m. Schertz Economic Development Corporation Chair Tim Brown called the Special Joint Meeting of the City Council and the Schertz Economic Development Corporation to order at 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 2. Discussion and possible action regarding the sustainability of our successes with the Schertz Economic Development Corporation. (M. Carpenter /SEDC) 04 -15 -2014 Minutes Page - 1 - Mayor Carpenter stated that he had asked for the joint meeting with the Economic Development Corporation due to having two new Councilmembers since the election last November and that there are new members on the Economic Development Corporation Board and at the same time the City is experiencing very strong economic development successes. Mayor Carpenter stated he wanted to make sure they had the opportunity for any Councilmember or Economic Development Board member who wanted to comment on that in a public forum. The Texas Open Meetings Act indicates that we do not have private conversations and talk City business except in an open session, and that is why we have it listed. Mayor Carpenter stated he would like to put Councilmember Edwards on the spot as he knows the upcoming commentary will be robust and would like Councilmember Edwards to make a first comment on our economic development efforts and what we are trying to accomplish. He then will give each member on the Economic Development Corporation Board and City Council the opportunity to do the same. Mayor Carpenter recognized Councilmember Edwards who stated that since he and others have joined the Council they decided they would be very pro- business as well as protect our residents. Some of the things they have incorporated are the public - private partnerships. The partnerships have done very well for the City, and believe that is the way they should go moving forward. It is a great opportunity for the City to lower the costs for our citizens as well as get the biggest bang for our buck. Mayor Carpenter recognized Councilmember Fowler who stated he attends the board meetings from time to time and he finds them interesting and exciting because of the forward thinking. He also sees that Council and the Economic Development Board are thinking outside the box. He stated he appreciates the board and especially appreciates David Gwin. Councilmember Fowler stated that Mr. Gwin serves on the Texas One Board as well, and he is trying to draw companies into our state. Texas is one of the major states that businesses are coming to. Our City is going to grow with or without us. It is going to be dependent on how we make it grow. The Council relies on the decisions of the Economic Development Corporation, because it is a matter of trust, and believes they do their due diligence. He wanted the Economic Development Corporation to know they can expect the same thing from the Council. lw_iL Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he was over at the Chamber of Commerce today and was talking about corporate social responsibility. Municipalities are in a unique position because on one hand you are supposed to run the City like a business, and on the other hand a municipality is really not a business. So how do you balance your fiscal responsibility with your social responsibilities? How do you balance the need for providing services with the need of providing quality of life to your citizens? The answer to that is "Economic Development." He is appreciative that we have some of the best minds in the City sitting on the Economic Development Corporation Board. Mayor Pro -Tem Scagliola thanked the board and thanked David Gwin the Economic Development Director. Mayor Carpenter recognized Councilmember Duke who echoed what Mayor Pro -Tem Scagliola said, which is the balancing of fiscal responsibility with social responsibility. 04 -15 -2014 Minutes Page - 2 - He stated that one of the things he was always impressed with was the group examined every opportunity as an investment, not just a financial investment but how would the business partner be for the community. There were many times where opportunities were presented from a fiscal analysis you would say it was a good deal, but from a community and social analysis it was not. The business did not match the community. Other big cities have taken those projects and have paid the price. He believes as they go forward to continue to have that mentality that we are investing not only in the business but also in our community. Staying focused and making sure that we are wise with our investment. Make sure we have the resources to leverage the Amazons of the world. Mayor Carpenter recognized Economic Development Corporation Chair Tim Brown who stated everything that has been discussed earlier is what they think about in their meetings. When opportunities are provided to the City, we have to take a look at it both financially and socially. He believes that this is being done very well. They thanked David Gwin and staff for keeping them on track. They do the majority of the heavy lifting on a day to day basis and provide them with good guidance when they meet so that they can make those important decisions. Mr. Brown commented on the makeup of the Economic Development Corporation Board stating that without their experience they would not be competent to make those decisions. Mr. Brown thanked the Mayor and Council for the opportunity. Mayor Carpenter stated that first and foremost Councilmember Fowler made a very valid point, the City Council trusts the Economic Development Corporation. He stated for those who are visiting this evening and are not familiar with the group, these are citizens, residents, friends and our neighbors that serve, those who are looking out for our best interests. He stated to Councilmember Dukes point, there may be a great financial opportunity that is brought before the Economic Development Corporation, but if it is not a fit for this community and what the community aspires to be and remain we don't want that business. What we are fundamentally as a City, the City of Schertz as we come to know it for the last 55 years, as well as what we envision the City will look like for our children, the Economic Development Corporation is looking out for us every time. Things that on paper might look good, to Councilmember Dukes point; possibly being a huge positive financial impact to the City, but that it might have the potential to ruin what we have built as a community. The Economic Development Corporation safeguards that balance. Mayor Carpenter stated that the Council needs to know when the Economic Development Corporation needs things. The Council is ready to think outside the box with you. If you need other tools, other things at your disposal to continue the success, ask us, let's get together and figure out how we can do it. We have had the great success with having GE Oil and Gas, Sysco Foods, Caterpillar and Amazon.com coming essentially over the last 3 or so years. This is an amazing wave we are riding. Those waves don't come along every year, or every few years, they can be rare and few and far between. We have to ride that wave as long as we can. It will propel us financially into the future for years after everyone one in this room has gone. That is part of our job. It is an exciting time. The position that we have gotten to recently, where the balance of what we have to ask our residents to pay in taxes and what we are able to generate from our business community from sales tax have come into a good balance. 04 -15 -2014 Minutes Page - 3 - This means if there is an economic downturn, with the balance, the fluctuations that happen for us as a City in aggregate are minimized. It is a risk migrator to have that balance of revenue and taxes. Mayor Carpenter expressed his exuberance and excitement at what is happening in the City in regards to economic development. Mayor Carpenter thanked the board for safeguarding the balance and putting the City on the path of long term sustainability for our children and grandchildren, so that they will have the opportunity in the future. Mayor Carpenter recognized Mr. Ken Greenwald, who in the earlier years brought water into the City. The companies would not be coming here if we did not have the water. Finally, Mayor Carpenter stated that the Economic Development Corporation is a sig ficant contributor to the long term success of the City of Schertz. Mayor Carpenter recognized Economic Development Board Member and Judge Roy Richard who came forward stating that if you want to help them, to please keep our Director, David Gwin. He commended City Manager John Kessel for how Economic Development is being run and should be run, and his assistance in spearheading economic development. Judge Richard stated they are on the right track and need to continue. r #r Mayor Carpenter stated that before they adjourned into executive session he would like to mention that if students were here this evening participating in the Hal Baldwin Scholarship, to please sign the sheet that is in the back. Mayor Carpenter recognized Eagle Scout Candidate Ryan Braden of Troop 51 who was in the audience this evening, stating that he was here this evening working on his Communication merit badge. Executive Session Mayor Carpenter adjourned the City Council S ecial Joint Session into Executive Session at 6:25 p.m. - Schertz Economic Development Corporation Chair Tim Brown adjourned the SEDC Special Joint Session into Executive Session at 6: 25 p.m. City Council and the Economic Development Corporation will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospects E -003 and E -004. Reconvene into Special Joint Session Mayor Carpenter reconvened into the City Council Special Joint at 7:15 p.m. Schertz Economic Development Corporation Chair Tim Brown reconvened into the SEDC Special Joint Session at 7:15 p.m. 3. a. Take any necessary action based on discussions held in closed session under Agenda Item number 3. 04 -15 -2014 Minutes Page - 4 - No action taken. Adiournment 4. Both Governing bodies adjourn Special Joint Meeting. Mayor Carpenter adjourned the Special Joint Meeting at 7:15 p.m. Chair Tim Brown adjourned the Special Joint Meeting at 7:15 p.m. Call to Order`��' Councilmember Duke left the meeting at 7:15 p.m. Mayor Carpenter called the Regular Meeting to order at 7:16 p.m. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) 41 4or Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: a • Thursday, April 17, 100" Birthday Celebration and ` _ _ 6lamation (Lorna Schertz Dawson ), Silver Tree Nursing and Rehabilitation — 930 FM 3609,2:00 p.m. • Thursday, April 17, Chambers After -Hours Mixer, New Haven Assisted Living & Memory Care, 2300 FM 3009, 5:30 to 7:00 p.m. • Saturday, April 19, Absolute Jazz, Pickrell Park, 2:00 to 9:00 p.m. • Save the Date: Sunday, May 18, EMS Golf Tournament, Olympia Hills Golf Club, registration begins at 10:00 a.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized and thanked City Secretary Brenda Dennis who conducted an expanded Board and Commission recruitment fair this year by calling it a Community Volunteer Fair. He stated Ms. Dennis encouraged and invited many other volunteer agencies to attend along with our City Boards and Commissions. He also stated she recruited a team to assist her with this event. Mr. Kessel stated it was well attended and one of the best that we held so far. Mr. Kessel mentioned that this was the third year we hosted this event, and each time we look back at the past events and see what we did that made it a success and what we could do to make it better next time. Ms. Dennis stated that she wanted to thank the following who assisted her: Donna Schmoekel, Mary Spence, Celina Blair, Sandy Bryant, Sherry Davis, Melvin and Connie Broth. Those present stood to be recognized. Mr. Kessel stated that we have a lot of discussions as a City as to how to get more involvement of our community, and the place where it should start is by encouraging citizens to volunteer and participate. 04 -15 -2014 Minutes Page - 5 - Hearing of Residents: Mayor Carpenter recognized the following who spoke: • Ms. Maggie Titterington, Schertz Chamber President and Resident who came forward announcing the success of the Chamber Luncheon today with Ms. Nandita Berry, Texas Secretary of State coming to speak to us about Texas. Ms. Titterington also provided information on the Chamber's upcoming events. Ms. Titterington stated as a resident she wanted to commend the Planning and Zoning Commission for listening to the residents when they have concerns regarding a development and for making real decisions that complement the City. Mayor Carpenter thanked Ms. Titterington for being able to get the third Secretary of State in a row to come speak in our City. • Mr. Mark Davis, 3644 Marietta Lane, who came forward speaking about agenda item 4, Resolution 14 -R -37. He spoke on the concern for the particular agenda wording, and how you had to navigate through several pages of the agenda on the website to get to the supporting materials for this resolution. Mr. Davis stated in the supporting materials it reads that "the City is considering issuing up to $3,000,000 of Certificates of Obligation for the purpose of constructing a recreation pool and related facilities that will enhance the planned competition pool." It continues stating that "the City will enter into an agreement with the YMCA that will help offset the debt service with annual payments from the YMCA. The Certificates of Obligation will pledge that ad valorem taxes be used to repay the Obligations, but if payments from the YMCA are sufficient then there will be no impact on the City's tax rate." He stated that as a resident and taxpayer his concern is the smallest word in that paragraph, "if'. If the payments from the YMCA are not sufficient, then that will be an impact on our property taxes. He stated this is potentially a $3,000,000 obligation on top of the $6,000,000 that was already approved on a bond referendum. As a taxpayer, his concern is this is not good information going out to the City. It takes too much effort to get to that level of detail in the agenda materials to find out what you were talking about. His other concern is the wording of the resolution in the supporting information. He would think that before we talk about obligating the City to potentially $3,000,000 that they would hear more about the agreement with the YMCA. Specifically what are the plans for their participation in the program, what limitations are involved, and what happens down the road if the YMCA and the City goes their separate ways? His last concern is as a Parks and Recreation Advisory Board Member. This is a significant Parks and Recreation item that to the best of his knowledge wasn't brought before them. He would think that a parks and recreation project to the tune of $3,000,000 would at some point been a discussion point on the agenda of the Parks and Recreation Advisory Board so those members could weigh in and give their input to the City Councils future actions. 04 -15 -2014 Minutes Page - 6 - • Mr. Robert Brockman, 1000 Elbel Road, who spoke on the agenda language of Item 2 and requested additional language be added in the future to an agenda item so that citizens could tell what street they were talking about. Workshop • Discussion and possible action regarding the need for an additional new ambulance, and options to purchase in FY 2014. (J. Bierschwale /D. Wait) Mayor Carpenter recognized EMS Director Dudley Wait who introduced this item stating in the EMS Department budget FY 2014, City Council approved the purchase of one new ambulance by financing up to $150,000 for four years. While planning the purchase of this new unit to take our fleet to eight reliable ambulances, we had another ambulance reach a point that Fleet Services can no longer support keeping it in service as a safe and reliable reserve unit. With a growing need for a fifth unit in service during peak times and truly a need for a sixth unit at times, we need to now acquire two (2) new ambulances so that we can have a fleet of eight (8) reliable in- service ambulances. This will place our fleet at 133% of anticipated peak unit hour need which is a level recommended by Fitch in our recent consultant report. Mr. Wait stated the two newest ambulances that we purchased, manufactured by Crestline out of Canada, continue to have a few minor issues. Difficulties in getting these addressed combined with the recent reorganization and changes in manufacturing and pricing at Crestline cause us to look at other builders that could meet our needs. We have found at least three vendors (Braun Ambulance, Demers Ambulance and Horton Ambulance) that can build an appropriate unit to meet our needs. We are looking at an identical patient module box to be placed on either a Chevy Van chassis or a Mercedes Sprinter Van chassis based upon chassis availability and cost. To assure we will get the best possible pricing on these units, we would recommend making our final decision through a sealed bid process. The due process we have done to date leads us to believe we can acquire these two units at an 4f roximate cost of $150,000 each. This does not include a stretcher or stair chair ($15,000 ambulance) or other disposable and non - disposable equipment. Radios for two a nces were included in the recent P25 radio purchase (one for the planned new unit and one ` p ambulance no longer in service). In review of our current operational status and our approved budgeted funds, we have found the following options to fit this purchase within the currently approved budgeted funds for FY 2014. First, our FY 2014 budget had funds available to replace our field supervisor vehicle ($80,000) and to purchase the Road Safety Driver Monitoring System ($96,000). After discussing with staff, we feel that we could delay both of these purchases until FY 2015 and use these funds ($176,000 total) to make the allocation of a second ambulance possible immediately. 04 -15 -2014 Minutes Page - 7 - After reviewing our current financial performance with the Finance Department and with City Management, the EMS Department would like to discuss two options with City Council for making this additional purchase this year: • Increase the currently approved financing from $150,000 to $225,000, for four years and using $75,000 cash as a down payment on the purchase. This will leave $101,000 of reallocated budget funds that could be used to complete the purchase of needed equipment for the second ambulance and put approximately $75,000 into reserve at the end of the fiscal year for future ambulance replacements; OR, • Use the reallocated funds to pay cash for the second ambulance and only finance the original amount of $150,000 for the purchase of the first new unit. The $176,000 of reallocated funds should allow for the purchase of the ambulance and needed equipment but would leave no additional dollars available for additional reserves. Mr. Wait stated staff would recommend that we pursue obtaining bids for purchase of two new ambulances. Once the final cost is known, staff will return to Cou it in early May with the total cost of two ambulances and the cost of financing the debt versus paying cash. At that time, we will seek Council's approval of the best vendor to build two new units and to approve the best course of action on how to complete the purchase. Mayor Carpenter asked Financial Advisor Mark McLiney 7-fthis was a financially sound approach. Mr. McLiney stated that when you do bonds, this is too small of an amount to do a typical obligation bond, but it is a possibility for a lease purchase which is similar to a bond and is done on an operational side. He thought we could get a 2 1/4 interest rate or less. Two banks he knows said yes they could do that. Financing rates right now are very low. Councilmember Fowler expressed concern that this had not been brought up to Council before when they became aware of the problem.. Mr. Wait said they had originally asked for one more ambulance because they knew Number 270 was no longer serviceable. They knew Number 261 had problems but were hoping to get two or three more years out of it. Looking at all their options leading up to tonight, they decided it would be best for the long term to just get two new units rather than one new and one used unit. Staff has been doing research to figure all this out and are coming forward with the two best options for Council to consider. Councilmemb gliola recognized they had done their research and the two options presented toni sounded reasonable. Councilmember Edwards concurred. He said he recommended that we take out a loan at 2/1/4 percent and move forward post haste. Mayor Carpenter summarized that what Mr. Wait was asking of Council is to grant permission to go out for bid and bring that information back and talk to Council again about how we can make the purchase. Hearing no dissent, Mayor Carpenter directed that we go out to bid and see what we can find. 04 -15 -2014 Minutes Page - 8 - • Discussion regarding the proposed Enclosed Community Swimming Pool and Aquatic Facility of Competition Quality. (B. James) Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating they wanted to update Council on the proposed Enclosed Community Swimming Pool and Aquatic Facility of Competition Quality. He stated in 2010 voters approved a $6.625 million dollar bond to construct an enclosed Community Swimming Pool and Aquatic Facility of Competition Quality. We have been in discussions with the YMCA and Schertz - Cibolo- Universal City Independent School District (SCUCISD) to partner with them to maximize its construction and end user potential. Staff has worked with Marmon Mok Architects on a master plan and it was estimated that it would take about 6 -9 months for architectural design and 14 -18 months for construction. The plan would provide for the competition pool, a zero entry pool, relocating the plash pad, and parking. Estimated cost of combined facility as envisioned is approximately $9 million. However, we won't have an exact cost until we actually go out and start spending money. Another thing to remember about this is that it is located in the flood plain and that will add costs to the project to be compliant. We already have an Interlocal Agreement with SCUCISD where they will be contributing $1.625 million in exchange for a 15 year lease, rent free. Hours of use and specific improvements to the natatorium will be determined through a separate agreement. The $1.625 million can be used as the City determines appropriate. We have a diverse community with diverse needs. How do we meet everyone's needs? This is likely to be our only indoor aquatic facility. We want to avoid outgrowing it anytime soon. However, this will not be a gold plated facility. Let's maximize the use of it and find partnerships that make sense to help us. We currently have agreements with the YMCA to help operate the pools at Pickrell Park and Northcliffe. The City pays the YMCA $179,878 annually for this purpose. The total annual budget for the pools for 2013 -14 is $254,503. Two proposed agreements for the YMCA is 1) Amended and Restated Schertz Recreation Center, and 2) Community Pool License Agreement and Outdoor Pools Management Agreement. These agreements cover both proposed indoor bodies of water and both outdoor pools and Recreation Center. The City will pay the YMCA $380,000 annually to operate the Recreation Center and indoor pool facilities as well as an additional $100,000 as a grant to help lower the cost of memberships for Schertz citizens. If the Recreation Center and pools generate excess revenue after expenses, then the grant by the City may be reduced by 20 %. The City will continue to pay $179,878 to operate the two outdoor pools and will retain revenues from gate receipts, season passes and concessions as is currently the case. There is also a provision that the City may close one of those pools if deemed necessary. The Northcliffe pool is convenient to those residents in the neighborhood and the one at Pickrell Park is just tremendously well used. However, the provision here is to give us flexibility going forward. YMCA would set rates for non - Schertz members. Schertz rates would not go up more than 2% annually. Initial memberships for Schertz residents will be waived but they would then be responsible for their annual membership fee. The City will issue a minimum of an additional $2 million in taxable bonds. The YMCA will pay the City $100,000 annually which will be used to pay off the bonds. The YMCA membership provides access to the Recreation Center and pools. It will be a package deal 04 -15 -2014 Minutes Page - 9 - and not separate memberships. Schertz residents can use the pool twice a year free. The agreement outlines the repair and maintenance obligations for each (City and YMCA) but City is responsible for capital repair. The next steps are to have a Parks and Recreation Board meeting to bring those members on board with what we are doing and being clearer when putting things on the future Agendas. Pending Council's approval, Owners Representative Phil Gaudreau has already been working with architecture firm Marmon Mok Architects to generate a contract to do the initial design of the facility and bring on a construction manager so we are balancing as we go through the design process. These are the next steps going forward. We will need to finalize the agreement with the YMCA, have Council approve it and issue the bonds and finalize an agreement with the school district. Mayor Carpenter recognized Councilmember Fowler who asked if we had a signed contract with the YMCA at this time and if we agreed to the $2 million doesn't that put us in a situation where we are obligated but we don't have a good contract? Mr. James said that there is a process we have to follow and a time frame to get everything queued up. Financial Advisor Mark McLiney stated this notice of intention lets voters know in advance because it will be published two weeks in a row. It does not issue the debt. It is the first legal step in order to sell the debt. Mr. McLiney stated on June 3, 2014, we would come to Council with interest rates and the sale document and supporting Ordinance authorizing it. Mr. James reiterated that we will not issue bonds until we have a signed contract. Mayor Carpenter recognized Councilmember Scagliola who stated the 2010 bonds were about $6.6 million which included the relocation of the Playscape. There is about $5.5 million left. By partnering with the YMCA and SCUCISD it appears we have an opportunity to have a $9 million dollar facility. Mr. James said yes, we spent money on the Playscape and will spend money on design and soil testing but there are still some unknowns in regard to the flood plains and we must meet our obligations. The goal is to pull in the money from the YMCA and SCUCISD and have a facility that most people are satisfied with. Mayor Pro -Tem Scagliola pointed out we have an established relationship with the YMCA and they have not let us down. Mr. James agreed it does help solidify our partnership with them. There is no better track record than what the YMCA has. 1"L, Mayor Carpenter recognized Councilmember Edwards who pointed out our accomplishments with the pool in Pickrell Park which was constructed in 1974, the construction of the Civic Center and the new Animal Adoption Center on Community Circle, and stating that all these cost money. He stated we cannot get to design without these obligations, correct? Mr. James said there is risk in going forward but every Council has had to deal with this. There is a cost to running all these services. Sometimes it is contracted out and sometimes City staff runs it. There is always maintenance cost by either adding people or partnering with other sources. So far we don't have anyone in mind for the natatorium and it is probably not within our staff's qualifications to do it. The buildings and systems of today are more complicated. The current Parks and Recreation employees already have a lot on their plate and do not have the training for what we are going to be building. 04 -15 -2014 Minutes Page - 10- Mayor Carpenter stated we passed a bond in 2010 and have spent years evaluating what is the best for the community. He wrote down several concepts: 1) Make no mistakes or keep them to the barest minimum. We've learned when we spend taxpayer's money we better do it well and do it right the first time so we don't incur more costs down the road. 2) Build the correct project that meets the needs of the most possible stakeholders without going so far that we adequately meet the needs of none of them. This is a delicate balance that we have worked on for years. 3) We have to ensure that the people, who are paying for the construction of the project and paying the taxes, pay the least for the access to it. 4) Ensuring long term sustainability and cost - effective maintenance and operation. 5) We cannot build a project that saddles the next team with unnecessary problems due to our poor planning. What we have done well is we have built the most that we can and should build without overbuilding. Our job, whenever we spend taxpayer money is that we mitigate our risks, both short term and long term. We have done that with the 1970's baseball fields. We have entered into public - private partnerships since early on and this has allowed us to do more with less. When we sit up here on the dais and act like it's our money that we are spending, we tend to get things right. He said after looking at all the options and what we have come to know with the school district and YMCA, it is a good deal for the City. The YMCA has also done a good job for the City and been around a long time. It is time for us to move forward and we have a responsibility to respond towthe Councilmember Fowler asked for clarification on the fiscal impact. Mr. James stated that ultimately the City is obligated to pay for the bonds at the end of the day. The way this is structured though, is that the YMCA's payment to the City would wind up being the payment for the bond. Mark McLiney of Southwest Securities stated if we proceed with the issuance of the certificates of obligations, ($2 or $3 million) based on the interest; there will be an annual debt service obligation. The monies from the School District and YMCA can be used to offset the payments. Anything short would have to come from other City resources. City Manager John Kessel stated we will have a fairly close estimate of how much we need to issue and what the interest will be prior to issuing that debt. The further along we get with the project, the closer we will get this figure. We need to proceed with the design so we can have the knowledge of whether we will have enough money for the facility we want. Councilmember Fowlerasked if we could not finalize a contract until we get an idea of what the cost is going to be. Mr. James stated that the contract with the YMCA includes language that acknowledges that if the cost is very different than what we anticipated we would regroup at that point and figure out what to do. Mayor Carpenter stated we have already embarked upon this project and expended some of the funds from the bond to move the Playscape. Once we have a bond election and issue and sell the bonds, we are obligated to produce that project. City Attorney Charles Zech confirmed we were obligated to follow through with the project it was directed for. Mayor Carpenter stated it is time for us to move forward. 04 -15 -2014 Minutes Page - 11 - Consent Agenda Items Mayor Carpenter recognized Mayor Pro -Tem Scagliola who requested Item No. 2 be removed off the Consent Agenda. Councilmember Edwards left the Dais. 1. Minutes - Approval of the minutes of the regular meeting of April 8, 2014 (J. Kessel /B. Dennis) 3. Resolution No. 14 -R -38 — Approve a Resolution authorizing a modification to the existing construction contract for the construction of three baseball fields, an equipment storage building and associated support systems. (J. Kessel /P. Gaudreau) ®. The following was read into record: RESOLUTION NO. 14 -R -38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Mayor Pro- Tern Scagliola, to approve the consent agenda items 1 and 3. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler and John voting yes and no one voting no. Councilmember Edwards had t the Dais and Councilmember Duke was absent. Motion Carried. Discussion and Action Items Councilmember Edwards returned to the dais. m 2. Ordinance No. 14 -D -16 — Approve an Ordinance amending the Code of Ordinances of the City of Schertz, Texas to prohibit parking from the driveway of the Oaks of Green Valley II Shopping Center to the bridge structure on the north side of the road, approximately 115 feet. Final Reading (K. Woodlee /L. Busch) The following was read into record: 04 -15 -2014 Minutes Page - 12 - ORDINANCE NO. 14 -D -16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated that there were some unresolved questions from last week and he wanted an update from staff. Executive Director of Development Brian James recommended Council move forward with the no parking as written in the ordinance last week. Staff will go back to the Transportation Safety Advisory Commission (TSAC) and advise them of Council's concerns. He will have TSAC look at any kind of additional striping or signs, and go back and speak with the building owner about potentially expanding the parking in the grassy area off to the side. He stated moving forward with what we currently have lets us take that first step to I d a solution. Mayor Pro -Tem Scagliola stated this was a good start but he thought it would be better to have no parking painted on both the North and South sides of the curb and that should be our starting position. He then made a motion that they approve Ordinance No. 14 -D -16 with the stipulation that we have no parking red zones on both the north and south sides of the street. A second was made by Councilmember Edwards. City Attorney Charles Zech interjected at this point stating he preferred that Council simply approve the Ordinance as written which addresses the north side of the street and then next week bring back another ordinance that addresses the south side of the street. The reason is that it gives the public sufficient notice of the action about to be taken. On the advice of the City Attorney, Mayor Pro -Tem Scagliola and Councilmember Edwards withdrew their motions. City Manager John Kessel also advised approving the existing Ordinance tonight because of the life safety issue it addresses with the sight and visibility problem of traffic flow. A second Ordinance can be presented next week addressing the south side of the street. After that, all information can be presented to TSAC to update them on the information at hand and get their buy -in. Mayor enter ma a motion, seconded by Mayor Pro -Tem Scagliola, to approve Ordinance 14 -D- Iff on final reading. The vote was unanimous with Mayor Pro -Tem Scagliola,t W bers Fowler, John and Edwards voting yes and no one voting no. Councilmemb was absent. Motion Carried. 4. Resolution No. 14 -R -37 — Consideration and/or action approving a Resolution authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12. (J. Kessel /M. McLiney /A. Friedman) The following was read into record: 04 -15 -2014 Minutes Page - 13 - RESOLUTION NO. 14 -R -37 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Southwest Securities Financial Advisor Mark McLiney who introduced this item stating the City is considering issuing up to $3,000,000 of Certificates of Obligation for the purpose of constructing a recreation pool and related facilities that will enhance the planned competition pool. The City will enter into an agreement with the YMCA that will help offset the debt service with annual payments from the YMCA. The Certificates of Obligation will pledge that ad valorem taxes be used to repay the Obligations, but if payments from the YMCA are sufficient then there will be no impact on the City's tax rate. Staff recommends approval. A* kle Mayor Carpenter recognized Mayor Pro -Tem Scagliola, ►who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -37. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried. .ter 5. General Obligation Bonds - Presentation and consideration and/or action by Southwest Securities, the City's Financial Advisor, regarding refunding the City's General Obligation Bonds, Series 2006 for Debt Service Savings and authorizing the City Staff and Financial Advisor to proceed with the refunding. (J. Kessel/M. McLiney /A. Friedman) Mayor Carpenter recognized Southwest Securities Financial Advisor Mark McLiney who introduced this item stating that over the previous months, they have been discussing the ability to refund a portion of the outstanding General Obligation Bonds, Series 2006 for debt service savings with City Staff as interest rates have continued to remain near historic lows. ,"Mfg,. The City's current outstanding Series 2006 General Obligation Bonds, which are supported by ad valorem taxes, become callable on February 1, 2016. The City can issue new Bonds and Refund the existing Obligations in advance of their call date and achieve debt service savings. Based upon today's interest rates a new Refunding Bond would save the City approximately $612,000 or $47,000 per year. Staff recommends that the City Council approve the City's financial advisors to proceed with the necessary steps to refund the Series 2006 Bonds and present the Council with final interest rates and savings at the City's regularly scheduled May 20, 2014 City Council meeting where final action will be taken by the Council. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Fowler, to approve the City's financial advisor advice and proceed with the necessary steps to refund the Series 2006 Bonds and present the Council with the final interest rates and savings at the May 20, 2014 City Council meeting. The vote was 04 -15 -2014 Minutes Page - 14- unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried. 6. Resolution No. 14 -R -36- Consideration and/or action approving a Resolution approving a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation regarding the Landscaping of the Comal Settlement Historical Marker. (B. James /S. Willoughby) The following was read into record: RESOLUTION NO. 14 -R -36 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James and Public Works Director Sam Willoughby who introduced this item stating the Schertz Historical Preservation Committee and Comal Settlement Association petitioned Texas Department of Transportation ( "TxDOT ") to allow their groups to install and maintain landscaping around a Comal Settlement Historic Marker at the intersections of Old Nacogdoches Road and FM 482. TxDOT requires a "Landscape Construction and Maintenance Agreement" agreement with the City of Schertz to accept responsibility for the work. The Agreement requires the City to ensure that "adequate insurance for payment of damages which might result during Facility activities" be provided. Initially the City had planned to enter into an "Acknowledgement of Conditions for Landscape Maintenance Work" Agreement with the Schertz Historical Preservation Committee and Coma] Settlement Association to perform all of the labor, installation, and maintenance in the area. The requirement for provision of adequate insurance proved problematic. As such it is agreed that the City will host volunteer work days to organize, oversee and supervise the installation and maintenance of the landscaping. The two groups will purchase the landscaping materials. Volunteers will need to sign waivers /hold harmless agreements to participate in the work days which will be supervised by a City employee. Fiscal impact is less than $1000 per year in staff time. Staff recommends approval. Director of Public Works Sam Willoughby briefly reiterated the contents of the "Landscape Construction and Maintenance Agreement" required by TxDot with the City of Schertz to accept responsibility for the work to maintain the landscape area around the historical marker. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by Councilmember Edwards, to approve Resolution No. 14 -R -36. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes and no one voting no. Councilmember Duke was absent. Motion Carried. 04 -15 -2014 Minutes Page -15 - Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for items 1 through 6. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives City Manager John Kessel stated he went to a portion of the YMCA's National Conference in San Antonio last Thursday and he spoke at one of their sessions. The session was about how to form more public - private partnerships between municipalities and YMCA organizations. It has been discovered that neither cities nor YMCA's can accomplish the evel of facility output desired separately, but together they can accomplish more. The president of YMCA CANVA who is over all the YMCA's in the country was present and asked for advice in regard to forming a public - private partnership for the Pan American games in Toronto. Mr. Kessel stated we are seen in Schertz as being an international leader in making these partnerships work. We were one of the few cities who have accomplished this partnership with the YMCA and now there are others who are following suit. A lot of eyes are looking at the innovation and we are being held up as a model by the YMCA as well. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. W Mayor Carpenter stated he would like us to revisit a topic brought up at Council before about honoring former mayors and other community members; in particular, Former Mayor Bueker. He suggested we schedule this in about two weeks as a general discussion and action item. A 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following events: • April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009 04 -15 -2014 Minutes Page - 16- • April 15, Schertz Chamber Luncheon, Schertz Civic Center • April 15, Animal Adoption Center -Grand Opening, 800 Community Circle Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: • April 10, Community Volunteer Fair, 3900 FM 3009 • April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009 • April 14, George Logan Retirement Lunch, Pickrell Park • April 15, Schertz Chamber Luncheon, Schertz Civic Center • April 15, Animal Adoption Center -Grand Opening, 800 Community Circle Mayor Carpenter stated he wanted to mention two charity event items. On May 10, 2014, the Randolph Area Christian Assistance Program will be conducting a Food Drive which will be headed by the National Association of Letter Carriers. They have been providing food to the needy in the various community areas for the past 30 years. If you have a chance, please stop by and give them words of encouragement for it efforts. s � The second item is a letter he received from the United States Department of Interior, National Park Service at Lyndon B. Johnson National Historic Park, thanking Schertz Paramedic Brandon Hill, who organized a team of other emergency medical technicians (EMTs) from Schertz who offered their time to watch over the other 1,500 participants in the LBJ 100 Bicycle Tour. He thanked the Schertz volunteers who showed support for this event and represented our City. Adjournment at 9:25 p.m. Mayor, Michael R. Carpenter City Secretary, Brenda 04 -15 -2014 Minutes Page - 17 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2014 Department: Development Services Subject: Ordinance No. 14 -S -19 — Conduct a Public Hearing and consideration and/or action on a request by William and Christy Martinez for a Specific Use Permit to allow an In -Home Day Care at 4202 Wensledale Drive. The property is more specifically described as Lot 25, Block 4 of the Whisper Meadows at Northcliffe II Subdivision, Unit 2; City of Schertz, Guadalupe County, Texas. (First Reading) BACKGROUND The applicant is requesting a Specific Use Permit to allow an In -Home Day Care at 4202 Wensledale Drive which is an existing single family residential lot zoned Garden Home (GH) within the Whisper Meadows at Northcliffe II Subdivision, Unit 2. The subject property contains an approximately 2,400 square foot home that is currently owned and occupied by William and Christy Martinez. An In -Home Day Care is defined in the UDC as a home occupation that provides care for less than twenty-four (24) hours a day to no more than six (6) children under the age of fourteen (14), plus no more than six (6) additional elementary school -age children (age five (5) to thirteen(13)). The total number of children, including the caretaker's own children, is no more than twelve (12) at any time. This use is subject to registration with the Texas Department of Protective and Regulatory Services. The public hearing notice was published in "The Daily Commercial Recorder" on April 4, 2014 and the "Herald" on April 9, 2014. Thirty (30) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on March 13, 2014. Staff received three (3) responses to the request which are as follows: • two (2) responses in favor of the request; and • one (1) response neutral to the request with concerns of HOA approval. City Council Memorandum Page 2 Goal William and Christy Martinez are requesting a Specific Use Permit to allow an In -Home Day Care at the single family residence to teach preschool to children ages 3 thru 5 years. 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 CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: 1. A building permit, if necessary for the use, has been approved within one year of the adoption of this ordinance; and 2. The use has begun operation within two years of this issuance of the necessary building permit; and 3. A home occupation permit has been approved within one year of the adoption of this ordinance; and 4. Registration with the State of Texas has been approved within one year of the adoption of this ordinance. IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is located in a single family residential neighborhood and the proposed use of In -Home Day Care does not appear to negatively impact the adjacent properties. STAFF ANALYSIS AND RECOMMENDATION: Ms. Martinez has indicated that she will be caring for and working with preschool children ages 3 thru 5 years in her home in the morning and the afternoon. The HOA has granted permission to run the daycare out of the residence at 4202 Wensledale. The Planning and Zoning Commission, in making its recommendation, and the City Council, in considering final action on a Specific Use Permit, should consider the following criteria: 1. the proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Land Plan; 2. the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. the proposed use is compatible with and preserves the character and integrity of adjacent developments and neighborhoods, and includes improvements either on -site or within the public rights -of -way to mitigate development related adverse impacts, such as safety, traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; 4. the proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; City Council Memorandum Page 3 5. the proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; 6. the proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed use on adjacent properties; 7. the proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood; 8. the proposed use and associated Site Plan promote the health, safety or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 9. no application made under these provisions will receive final approval until all back taxes owed to the City have been paid in full; and 10. other criteria which, at the discretion of the Planning and Zoning Commission and City Council are deemed relevant and important in the consideration of the Specific Use Permit. Staff recommends approval of the Specific Use Permit at 4202 Wensledale. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on March 26, 2014 and offered a recommendation of approval to grant a Specific Use Permit with the condition that the permit is valid as long as William and Christy Martinez own and occupy the property by a unanimous vote. A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved SUP. Based on the provisions of the UDC and Staff recommendation the Commission recommended approval of the Specific Use Permit with the condition that the permit is valid as long as William and Christy Martinez own and occupy the property. After review of the request by the City Attorney it has been determined that a condition related to the duration of the permit based on ownership cannot be placed on a Specific Use Permit. In light of the determination, Staff recommends approval of the Specific Use Permit at 4202 Wensledale with no expiration. City Council Memorandum Page 4 ATTACHMENT Ordinance No. 14 -S -19 ORDINANCE NO. 14 -S -19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ZONING 4202 WENSLEDALE DRIVE, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF AN IN -HOME DAY CARE WHEREAS, An application for Specific Use Permit to allow an In -Home Day Care at 4202 Wensledale Drive, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as Lot 25, Block 4 of the Whisper Meadows at Northcliffe II Subdivision, Unit 2 (hereinafter, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.11.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested specific use permit (the "Conditions "); and WHEREAS, on March 26, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of a rezoning to allow a Specific Use Permit for an In -Home Day Care; and WHEREAS; on April 22, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning to allow a specific use permit be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. 4202 Wensledale Drive, as more particularly described in the attached Exhibit A, is hereby zoned for a Specific Use Permit to allow an In -Home Day Care conditioned upon the following occurring: a) A building permit, if necessary for the use, has been approved within one year of the adoption of this ordinance; and b) The use has begun operation within two years of the issuance of the necessary building permit. c) A home occupation permit has been approved within one year of the adoption of this ordinance; and d) Registration with the State of Texas has been approved within one year of the adoption of this ordinance. Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above 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. 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. Approved on first reading the 22" `t day of April, 2014 PASSED, APPROVED AND ADOPTED on final reading the 6th day of May, 2014. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" See Attached S.U.P. Fact Sheet Adventures in Preschool Christian Pre -k Christy Martinez 4202 Wensledale Drive Schertz, TX 78108 My goal in moving to Schertz is to open up my own Christian Preschool. The foundation of the preschool is "Just Like Home." I would like to teach Pre -K classes in my home. I believe this preschool would be nice for the community. I envision families from the subdivision and community attending the preschool. Specifics The preschool would be for 3 -5 year olds. I would like to have an AM and PM program, with each class lasting for three hours each. There would be a maximum of 6 students in each class. The preschool would be completely inside the home. I don't believe it would cause a traffic issue considering I would have a maximum of 6 students per class. The classroom would meet the physical, social, and cognitive needs of the students. We also have a safe play area in the fenced backyard for outdoor activities. We have coordinated with Whisper Meadows HOA to inform them of the proposed preschool and they have approved the preschool. - Request permission from HOA to run daycare /preschool out of home (Completed, request granted, see attached correspondence from HOA) - Turn in application and applicable fees for Specific Use Permit from the City of Schertz - Turn in application and applicable fees for In Home Occupation Permit from the City of Schertz - Turn in application and fees, receive inspection, and receive permit to become a licensed In Home Care Provider by the Texas Department of Child Protective Services Qualifications - Bachelors Degree in Early Childhood Education from New Mexico State University - Masters Degree in Education with a Specialization in Early Childhood Education - Early Childhood teaching certificate with the State of New Mexico, and working toward teaching certificate with the State of Texas - 8 years of teaching experience as the lead teacher in a NM Pre -K Initiative Program: On Track Pre -K Center Sunland Park, NM (575)882 -6740 - 2 years prior experience working in a private preschool/ daycare: Alpha Tots 1205 E. Madrid Las Cruces, NM 88001 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2013 Department: Public Works Subject: Ordinance No. 14 -F -20 — Amending the City's Drought Contingency Ordinance 13 -F -26 by updating Exhibit B Water Conservation Plan and others in connection therewith; providing an effective date; and declaring an emergency. First and Final Reading. BACKGROUND Texas Water Development Board (TWDB) requires all cities to have a water conservation plan on file to satisfy the requirements of 30TAC Chapter 288. The City of Schertz adopted an amended Water Conservation Ordinance 09 -F -21 on June 23, 2009. The guidelines set forth by the TWDB for the conservation plan include a strategy or a combination of strategies for reducing the consumption of water, reducing the loss of waste of water, improving or maintaining the efficiency in the use of water, or increasing recycling and reuse of water. It contains Best Management Practices (BMP) measures to try to meet the targets and goals identified in the plan. In August 2013, the Public Works Department updated the Conservation Plan to meet the new Best Management Practices (BMP) requiring that new single -pass cooling system connections and new non - recirculating systems for commercial laundry systems are prohibited and provided for the enforcement of the requirement of all automated care wash facilities to implement recycle technology. The City is required to update Exhibit B Water Conservation Plan every five years. The Water Conservation Plan includes information on the City's Utility Profile, Water Conservation Plan Goals, Metering, Water Audit, Leak Detection /Repair Program, Public Education/Water Rate Structure, Plumbing Code, Water Conservation Landscaping, Retrofit/Replacement Program, Recycle and Reuse, Water Wholesale Agreements, Record Management Systems, Coordination with Regional Planning Groups, and Implementation and Enforcement. Staff has reviewed the current Exibit B Water Conservation Plan and has identified the areas that need to be updated and has made these corrections to bring forth for approval. This Ordinance only updates Exhibit B the Water Conservation Plan. No changes will be made to the Drought Contingency Plan. Goal To ensure that the City of Schertz is in compliance with the Conservation requirements set forth by the Texas Water Development Board as well as ensure that the City's Drought Contingency and Conservation Plans are up -to -date with the most current information. Community Benefit Through proper Drought Contingency and Conservation Plans, the City will be able to properly serve the residents with reliable drinking water and adequate pressure for years to come. Summary of Recommended Action Staff recommends approval of Ordinance 14 -F -20 on first and final reading amending the City's Drought Contingency Ordinance No. 13 -F -26 by updating Exhibit B Water Conservation Plan FISCAL IMPACT No fiscal impact. RECOMMENDATION Staff recommends Council approve Ordinance 14 -F -XX on first and final reading. ATTACHMENTS Ordinance 14 -F -20 Amended Water Conservation Plan with Exhibit B ORDINANCE NO. 14 -F -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY'S DROUGHT CONTINGENCY ORDINANCE NO. 13 -F -26 BY UPDATING EXHIBIT B WATER CONSERVATION PLAN AND OTHERS MATTERS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas Commission of Environmental Quality along with requirements of 30 TAC Chapter 288 require all public water supply systems in Texas to prepare a drought contingency and water conservation plan and update such plan every five (5) years; and WHEREAS, the City Council adopted Ordinance 09 -F -21, establishing a Drought Contingency and Water Emergency Response Plan and amended said plans with Ordinance 13 -F -26; and WHEREAS, Exhibit B to Ordinance No. 13 -F -26 relating to the Water Conservation Plan, was not updated when Ordinance No. 13 -F -26 was passed; and WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz, Texas, the City Council deems it expedient and necessary to amend the Drought Contingency Ordinance by updating Exhibit B Water Conservation Plan; and NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby amends Ordinance No. 13 -F -26 by updating Exhibit B Water Conservation Plan in the form attached hereto as Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this 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. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two - thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading, and this Ordinance shall be effective upon the date hereof and any publication required by law. PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING, the 22nd day of April 2014. APPROVED: Michael Carpenter, Mayor ATTESTED TO: Brenda Dennis, City Secretary (Seal of City) Exhibit B CITY OF SCHERTZ WATER CONSERVATION PLAN Utility Profile Schertz receives its water from two locations. The primary location is from the Schertz /Seguin Local Government Corporation ( SSLGC). The SSLGC has twelve (12) wells and a treatment facility in Gonzales County. This source is obtained from the Carrizo Aquifer. The SSLGC is made up of a Board of Directors comprised of officials from both the City of Schertz and the City of Seguin. The Corporation was developed in 2003. The water is delivered through a 40 -mile pipeline from the well fields to both cities. Both cities are allotted 5,774 acre /feet a year at this time. The second source of water is from our Nacogdoches well site located at 19625 FM 3009. This source is from the Edwards Aquifer; it is used as an emergency back up to the primary source and for peak usage. Our service area encompasses the IH -10 border on the south end of the city limits, FM 2252 at the north end of the city limits, the City of Selma along IH -35 on the west end, and the City of New Braunfels along IH -35 at the east end. The current population served by water is estimated at 34,883. Based on a 1.8 -2% historical growth rate, the 5 -year estimated population projection is 37,400 for the year 2019, and the 10 -year estimated population projection is 41,200 for the year 2024. The City currently has 14,255 service connections. (12,014 Residential, 1401 Multi- Family, 714 Commercial, 126 Institutional, and 2 Wholesale Emergency Connections) Schertz Water System data compiled in 2014 indicated an average daily water use of 4.747 million gallons and a peak daily average of 6.257 million gallons. The City of Schertz is allotted 5,774 acre /feet of water from the SSLGC and 1,768 acre /feet from the Edwards Aquifer Authority each year. Schertz Water System currently has 15 million gallons of capacity of ground and 4.5 million gallons capacity elevated storage tanks, 4 booster pump stations, and has about 194.2 miles of transmission and distribution system delivery lines. The City has plans for an additional 4 million gallons of storage tanks. Schertz Water System consists of 86.6 miles of sewer collection mains with 16 Lift - Stations. The City contracts with Cibolo Creek Municipal Authority (CCMA) and Guadalupe Blanco River Authority (GBRA) to treat sewer effluent. Where the City has no collection system there are On -Site Sewage Facilities (OSSF). The OSSF are permitted and monitored through the three (3) appropriate county agencies. CCMA wholesales reuse water to the local high school athletic fields and nurseries. Re- use water is also supplied to Randolph Air Force Base which is one of our emergency wholesale customers. Water Conservation Plan Goals The goals of the program are to reduce water loss and per capita water usage through water conservation best management practices and to provide for a reduction in water usage during times of shortage. Reduction in losses and usage will extend the availability of the existing water supply and infrastructure resulting in reduced capital and operating costs. Water loss Goal: 5 -year 5% reduction 10 -year 10% reduction Per Capita Usage Goal: 5 -year 1% reduction 10 -year 3% reduction Metering Metering at point of source: Schertz has a master meter at the Live Oak Storage Facility where water is accepted to the system from the Schertz /Seguin Local Government Corporation. The City of Schertz also has master meters located at both wells at our Nacogdoches Well Site. This site is on the Edwards Aquifer and is used for emergency and top off purposes only. The meters are accurate to within 1% and are calibrated annually. Universal Metering: Schertz requires the metering of all connections to the water system, including residential, commercial, industrial, and municipal use. The City completed the replacement of 100% of all meters in 2008 and also employed the use of a radio read network automatic meter reading (AMR) system. This system has the ability to provide usage information for billing, identify unusual usage patterns, usage due to leaks, tampering and detect meter malfunctions. When an unusual usage pattern or meter malfunction is detected, the meter is then tested and replaced as necessary. The calibration of the AMR to meter interface is checked at least annually to ensure proper system operation. Water Audit Schertz maintains a record management system that tracts water pumped, delivered, and sold with the ability to determine the amount of water losses. The system allows for the desegregation of sales into residential, commercial, industrial, and municipal uses. The City conducts a monthly audit to determine the amount of unaccounted usage. Schertz conducts an annual inspection of 10% of all distribution lines including the service connections to the meter. Therefore, in a 10 -year period, the entire system is inspected. The inspection uses ultrasonic equipment to identify leaks not visible on the ground surface. Once identified, the leaks are repaired. Leak Detection /Repair Program Schertz investigates all reported leaks, performs periodic visual inspections, and performs leak detection surveys of the water distribution lines. The use of ultra sonic leak detection devices are also used to locate leaks. Work orders are generated and prioritized by this program. Public Education Schertz promotes water conservation by informing water users about ways to save water inside homes and buildings, in landscaping and lawn maintenance, and in recreational uses. Schertz informs our customers about water conservation practices through the City newsletter and website. Water Conservation practice material can be found at the Schertz Library, City Hall, and Public Works Complex. Schertz includes information about water conservation in its annual Water Quality Report. The report is posted to the City Website and is posted in public locations such as the Library. Schertz publishes its Water Conservation and Drought Contingency Plan on its website. Water Rate Structure The City of Schertz Water Rate Structure uses an inverted block rate. The rate is based on the size of the water meter and an increase cost per 1000 gallons to discourage high usage. It encourages customers to repair leaks in more timely manner. Plumbing Code The City of Schertz has adopted the 2006 International Plumbing Code for all new construction and all remodeling that requires a plumbing permit. Section 401.3 and Table 604.4 of the code requires water saving plumbing devices and establishes maximum acceptable flow rates for each device. Water Conservation Landscaping Schertz, through its information and education program, will encourage customers and local landscaping companies to utilize water saving practices during installation for residential and commercial institutions. The education and information program will promote the following methods: 1. Encourage subdivisions to require drought- resistant grasses and low water use plants. 2. Encourage landscape architects to use native, low water use plants and grasses and efficient irrigation systems. 3. Encourage license irrigation contractors to use drip irrigation systems and to design all irrigation systems with conservation features such as sprinklers that emit large drops rather than a fine mist and a sprinkler layout that accommodates prevailing wind patterns. 4. Encourage commercial establishments to use drip irrigation for landscape watering and to install only ornamental fountains that use minimal quantities of water, including recycling features. 5. Encourage local nurseries to offer native, low water use plants and grasses and efficient watering devices. 6. Encourage citizens to utilize drought resistant plants and Xeriscape techniques through education materials and landscape examples made available by visiting our parks or facilities. Citizens may also take advantage of our St. Augustine Replacement Rebate Program. Recycle and Reuse Schertz encourages reuse water to be implemented when possible. Cibolo Creek Municipal Authority provides reuse water to the local high school athletic fields and local nurseries. Randolph Air Force Base also purchases reuse water for irrigation of their golf course. (RAFB is a wholesale customer of the City of Schertz) Schertz requires all automated car wash facilities to implement recycle technology. Water Wholesale Agreements This plan shall require that all current and future wholesale water supply contracts that are made with wholesale customers shall contain a "pass- through" clause that requires direct compliance with this plan and the adopted Drought Contingency Plan. Record Management System Schertz retains records for its water use characteristics. The record management system is maintained by the City Water Utility Division and is configured to provide the following water use information: 1. Water Production 2. Water Delivered 3. Water Sales 4. Water Losses The record management system further allows for the separation of water sales and water usage characteristics into the following customer - specific categories: 1. Residential 2. Commercial 3. Multi- Family 4. Institutional Coordination with Regional Planning Groups The service area of Schertz is located within the South Central Texas Regional Water Planning Group (Region L) Schertz provides a copy of the Water Conservation Plan to the Group. Implementation and Enforcement The City of Schertz Water Department will administer the Water Conservation Program. They will oversee the execution and implementation of all elements of the program and supervise adequate records for program verification. The plan will be enforced through the adoption of the Water Conservation Plan by resolution of the City of Schertz City Council and adoption of the Drought Contingency Plan by ordinance of the City of Schertz City Council. Water service taps will not be provided to customers unless they have met the plan requirements. The building inspector will not certify new construction that fails to meet plan requirements. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2014 Department: Subject: BACKGROUND Engineering / Public Works Ordinance No. 14 -D -21 - An Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances of the City of Schertz, Texas Article V, Section 86 -149 Parking Prohibited on Roadways Maintained by the City of Schertz to prohibit parking on the south side of Arroyo Verde from the driveway of the Oaks of Green Valley Shopping Center to the bridge structure. First Reading Staff attended an HOA meeting for the Arroyo Verde Subdivision where residents discussed concerns of sight distance for the driveway from the new Oaks at Green Valley II Shopping Center. Specifically, the residents mentioned when driving towards FM 3009 on Arroyo Verde drivers cannot see a vehicle pulling out from the retail center if there are vehicles parked along the north side of Arroyo Verde towards the residential subdivision. Staff visited the site to investigate and found that the curvature of the roadway and angle of the driveway approach does raise concerns. Also, staff made frequent visits to the sight to try and determine the impact removing the parking will have on the businesses and it appears that within the times observed there will not be a significant impact. The staff recommended prohibiting parking on Arroyo Verde from the driveway of Oaks at Green Valley II to the bridge structure on the north side of the road approximately 115 ft was approved by the Traffic Safety Advisory Commission on March 6, 2014. At the April 15, 2014 Council Meeting, Council passed Ordinance 14 -D -16 on final reading to prohibit parking from the driveway of the Oaks of Green Valley II Shopping Center to the bridge structure on the north side of the road, approximately 115 feet with the understanding staff will return to Council following week with an Ordinance establishing no parking from the driveway of the Oaks at Green Valley Shopping Center to the bridge structure on the south side of the road, approximately 150 feet. The proposed ordinance is consistent with Council's direction to staff. As indicated at both the April 8 and April 15 City Council meetings, Staff will review this information with the Traffic Safety Advisory Commission at their regular meeting on May 1, 2014. Staff will also investigate additional areas that may need to be included in the Parking Prohibited Ordinance. Goal To ensure that all streets maintained by the City are currently listed and up to date in the City Code of Ordinances and to alleviate the sight and traffic issues due to parking at the Oaks of Green Valley II Shopping Center to ensure that the citizens of Schertz have safe methods to exit their subdivision. Community Benefit City Ordinances are current and up to date regarding all streets owned maintained by the City to strive to provide for the safety of the citizens of Schertz. Summary of Recommended Action Recommend approval on first reading to prohibit parking on the south side of Arroyo Verde from the driveway of the Oaks at Green Valley Shopping Center (as shown in Exhibit A) to the bridge structure on the south side of the road, approximately 150 feet. FISCAL IMPACT The fiscal impact will be $160 for no parking signs paid out of FY 2013 -14 approved budget account number 101 - 359 - 551600 Street Maintenance RECOMMENDATION Staff recommends Council approve on first reading Ordinance No. 14 -D -21 to amend Article 5, Section 86 -149 Parking Prohibited of the Code of Ordinances. ATTACHMENT Ordinance No. 14-D-21 Exhibit A ORDINANCE NO. 14 -D -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86- 149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that from the driveway of the Oaks at Green Valley Shopping Center to the bridge structure on the south side of the road, approximately 150 - feet is not covered under Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances. WHEREAS, it is recommended to add this area to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited on Roadways Maintained by the City of Schertz, Texas is amended to add the following: Street Extent Arroyo Verde From the driveway of the Oaks at Green Valley Shopping Center to the bridge structure on the south side of the road, approximately 150 feet. 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 authorized herein 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 requited by law. PASSED ON FIRST READING, the 22nd of April, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of .2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Exhibit "A" — Arroyo Verde No Parking 150 It Parking CenterPoint. CenterPoint Energy Energy 7111 Louisiana Street Houston, TX 77002 -5231 March 31, 2014 ,� �,(�,.�� Pam 3•ax -t� CenterPoint. CenterPoint Energy Energy 7111 Louisiana Street Houston, TX 77002 -5231 March 31, 2014 P.O. Box 2628 Houston, TX 77252 -2628 Mayor and City Council City of Schertz Schertz, Texas Re: Notice of CenterPoint Energy's 2014 GRIP Filing for the South Texas Division Dear Madam or Sir: This correspondence notifies the City of Schertz (the "City") that CenterPoint Energy Resources Corp., d/b /a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ( "CenterPoint" or the "Company "), has filed tariffs and supporting documents with the Railroad Commission of Texas (the "Commission ") consistent with section 7.7101 of the Commission's Gas Services Division Rules and section 104.301 of the Texas Utilities Code to establish the annual gas reliability infrastructure program ( "GRIP ") interim rate adjustment (the "IRA ") for the customers located in the Company's South Texas Division (the "South Texas Division "), which includes the City. Because the City has ceded its original jurisdiction over CenterPoint's gas utility rates to the Commission pursuant to Texas Utilities Code § 103.003(a), the Commission will establish the applicable IRA and the City need take no action. CenterPoint consistently supplies its customers in the South Texas Division with safe and dependable natural gas service by prudently investing in additions and upgrades to its delivery system. The Company will continue to prudently invest in its infrastructure in order to improve its natural gas service to its customers and to anticipate and meet their needs under all operating conditions. The GRIP program enables a gas utility such as CenterPoint to begin recovery of its incremental capital investment from the prior calendar year, subject to a prudence review in its next rate case. Pursuant to applicable law, the proposed IRA will become effective on May 30, 2014 unless the Commission acts to suspend that date for a period of up to forty-five (45) days. The IRA approved by the Commission will be applied to the current monthly customer charge and will remain in effect until superseded by the earlier of (1) the effective date of the Company's next annual IRA for the South Texas Division; or (2) the issuance of a fmal.order in a formal rate - setting proceeding for the South Texas Division. Notice of the Company's GRIP filing will be provided to affected customers in the South Texas Division by bill insert or by separate mailing within 45 days after it is filed with the Commission in accordance with the applicable law. A copy of the customer notice is attached for your reference. City of Schertz March 31, 2014 Page 2 Please do not hesitate to contact us with any questions you may have regarding this filing. Sincerely, Keith L. Wall Director of Regulatory Affairs Attachment cc: Mr. Steven Greenley Mr. George Hepburn Mr. Paul Lock Mr. Mark Santos DELIVERED TO: . U �mAn �Lcc�ztn of NAME OFFICE (Mayor, City Secretary, etc.) the City of Schertz on this *day of March 2014. RE U H °z a O F U X010 wgAl a x o N [7F Y p� o°'a'NA UUovx o N �� VI W p4 cd 0 .o���� U � p � •G O O d U N �O `� 0 0 r U 0 o C) b 0 O � N U O m •� V) Q U >,-v �H C cn o 'bn A � U t5.8 O w0 CP V N 0 K Y Y p o� SU 0 oa f w W w wa cd G p Ow 60 ;3 °' OA °a, �aa cd4° VX �r w Ob•N N }] c� m•� cd cd.7 Y O N P. 00 bo U U U w u bl � O •y ou ai p .C2 �•o N � > „ A -°' co" o y a� 00 >qU O °F� W b YO CO 0 °' °°°'•> .8 0a � 9b 2-f fA o. 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Glance at Upcoming Projects Vision for Future • 1999 - 2014 - >$300 Million in Federal and State Funds Expended on Improvements in Northeast Partnership Area • Notable projects: • Kitty Hawk Road Expansion • Crestway Expansion • Lower Seguin Road Improvements • FM 3009 (IH 35 to FM 2252) Expansion • FM 2252 (Loop 1604 to Evans Road) Expansion • Loop 1604 (FM 78 to Beyond Lower Seguin) Expansion • IH 35 Operational Improvements in Live Oak and Windcrest • TxDOT committed to continued partnership in Northeast 4� 'I aw 16=114 l ox Run 11P n Selma SBOF" d, � um, cl Tne. Fcguni at 01Y111,0is PFlfkvyay6 y 070, 5 1W Live Oak �o 16CM Monterrey orge Village City Park Zr-herlz 0 Universal Randolph city Hills CIO 0 M • 03 z n • Expand to 8 Lane Expressway • Intersection /Ramp Improvements • Funding = Proposition 12 •Project Let in August 2012 • Construction Bid Amount = $21.6 M • Contractor is Dan Williams Company • Anticipated Completion in June 2014 IQI I. 1�7 0 :Allister 'Park Mofgan s Live C d Is H-ouston J. —1 .02 - le I " 19T6, 141 Eys @+._r.\. r4no ue r :i d, 0 • Convert Southbound IH 35 to Southbound IH 410 Left -hand Exit to a Right -hand Exit Direct Connector • Add one Additional Lane in Each Direction • Additional Auxiliary Lanes Between Ramps • Relocate &Reconfigure Ramps • Intersection Improvements • Funding = Proposition 12 &DOD -OEA Grant • Construction Cost = $61.2 Million • Project Let = Summer 2013 • Construction Duration = approx. 3 years PF Schartz vereal City c Live 0 Airport City R-d N. 11 n acres t -A Co nverse ,N% Kirby ti 2E ra E w Id 90 AmmMmk Loop � O4 BEGIN PROJECT � sm- W- Vr Schertz 3 . - - C C%,ts,way Rd Andcrest I v t! 1 5CI 1 Ly L Ive CO I- 61$ 4 'is 7!6 Loop LW-A 10 • Expand to 4 Lanes • $8.4 Million • Begin — FY 2016 • Approx 2 Years • MPO Selected Project — 2011 STP-MM Funds Kirby 2 0 E LW-A 10 • Expand to 4 Lanes • $8.4 Million • Begin — FY 2016 • Approx 2 Years • MPO Selected Project — 2011 STP-MM Funds C%6gway RO 11 n dcrest Kirby UnIversal City 0 L z a k Airpo qty 78 -A &;..o nverse n3 E sa so 1516 1 Loop Schertz C • Add Left & Right Turn Lanes and Traffic Signal Improvements • $2.8 Million • Begin — FY 2015 • Approx 6-9 Months • Selected through TxDOT Statewide Safety Projects Call n — i6csa fi4�tryv"ns Rd% 9ak4 !.1 all � Fox Rune m vd�xdma Ewa n s¢S5 r "3a FnaUrti'et ' � �� 3 '11yr iti;��in �arkwfly� � �a� +� }� Live Oak b Monterrey 9>� urge Village �+ F}al��! @�� Randolph 1 CCYd4er =J 8'i rigr Hills 5?vresde 8oi� �. O.. :, Reserve:• �� Judson c on —El 7sre Managed Lane Projects ■ Managed Lanes are separate lanes from the typical lanes (also known as general purpose lanes) that utilize various strategies to manage congestion on expressway type facilities (i.e. IH 35, Loop 1604) ■ Managed a toll lane Lanes do include tolls, but they are more than just ■ Strategies for maintaining a reliable alternative can be utilized such as: — Reduced rates or no charge for High Occupancy Vehicles (HOV) — No charge to transit vehicles to ride in managed lanes — Dynamic pricing (varying the price during peak periods) for single - occupant vehicles in order to maintain a designated operating speed for the managed lanes ■ Managed Lanes allow additional capacity to sooner by providing funding for construction maintenance of the lanes through tolling. be constructed and long -term ■ Constructing more conventional lanes would only provide short -term congestion relief. Due to many constraints including funding and space limitations, it is impossible to build our way out of congestion. ■ By keeping traffic moving at higher speeds rather than idling in congestion, air quality will be improved. t' CamP Balliq Stone yak Evans s .F?cf Ito Center ar4en Enbno Park a Ridge r�vma 1 Fiill'sr�}iil Ranch = -._ Park Shavano Billow" Selma F I ste Park yiilla�e North Central Thousand Oaks 'uV?tmcre Northeast Live Oak 11:5ide 1 Parkw ofid San Anto n icy U n iver5al Vance Sari AntV n io � Judson ; i y .'ao k n - I ntem,at�onal Braun Cagle Hilly Aidpar 7 am h Station •ndcr st Converse AF'S North is�i Oak Dark Le n Ifa w orlh North o Ventura q�.,t3r.� salcorw Ala�o i 164 Height-, Ratrnan RA Ip LOOP ywIl Park, �9? ntry Wi nd c rest IL I Lj 6* Terrell H ills i(irby Fort Sarn i Houston A o n Garden Ridge Schertz Lhiiversa I City Converse Loop_ 16G4.1 � I Cibdo St Hedi • Evaluation of alternative routes to congested segments on I H 35 • Public meetings - Round #3 in May 2014 • Study to be complete Summer 2014 Questions /Comments?