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09-01-2015 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL SEPTEMBER 1, 2015, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 09-01-2015 Council Agenda 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 AGENDA TUESDAY, SEPTEMBER 1, 2015 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Edwards) City Events and Announcements  Announcements of upcoming City Events (/B. James/D. Wait/B. Cantu)  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. Presentation  Presentation and recognition regarding the 2015 Certificate of Achievement for Planning Excellence. (B. James/L. Wood/B. Cox) 09-01-2015 City Council Agenda Page - 2 -  Presentation and update regarding the Evergreen Solution Salary and Compensation Study. (J. Kessel/J. Walters) Workshop  Workshop discussion on deferral of all public improvements. (B. James/L. Wood/B. Cox)  Workshop discussion regarding City ambassadors and how we interact with other cities and various other outside groups. (B. James) (Item requested by Councilmember Azzoz)  Workshop discussion regarding “Council on the Move” meetings. (B. Dennis/D. Schmoekel)  Workshop discussion regarding Dress Décor for City Councilmembers during summer months. (Mayor/Council ) (Item requested by Mayor Pro-Tem Fowler) Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 18, 2015 and August 25, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15-S-28– Consideration and/or action approving an Ordinance upon a request to rezone 13183 IH-10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). Final Reading (B. James/L. Wood/B. Cox) 3. Ordinance No. 15-S-29 – Consideration and/or action approving an Ordinance upon a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single - Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). Final Reading (B. James/L. Wood/B. Cox) Discussion and Action items 4. Resolution No. 15-R-77 – Consideration and/or action approving a Resolution authorizing expenditures with CDW-G totaling no more than $60,000 for Technological and Electronic Equipment for various and unrelated City Projects during the remainder of the 2014-15 Fiscal Year. (B. James/J. Kurz) 5. Public Hearings on Proposed Budget for FY 2015-16 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Budget. (Public hearing) (J. Kessel/J. Walters) PH 09-01-2015 City Council Agenda Page - 3 - Ordinance No. 15-T-30 - City of Schertz FY 2015-16 Budget - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Budget. Final Reading (J. Kessel/J. Walters) 6. Public Hearings on Proposed Tax Rate – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Tax Rate. (Public hearing) (J. Kessel/J. Walters) Ordinance No. 15-T-31 – Tax Rate for Fiscal Year 2015-16 - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Tax Rate. Final Reading (J. Kessel/J. Walters) 7. Ordinance No. 15-M-32– Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances establishing the dates of City Council meetings; providing an effective date; and repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. First Reading (B. Dennis/Mayor/Council) Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. 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 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR  FM 3009 Sidewalk Update. Executive Session 12. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. PH 09-01-2015 City Council Agenda Page - 4 - 13. City Council will meet in closed session under section 551.074 Evaluations of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 12a. Take any necessary action based on discussions held in closed session under Agenda Item number 12 including possible increase in salary. 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 13 including possible increase in salary. Roll Call Vote Confirmation 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 28th DAY OF AUGUST 2015 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2015. ____________________________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 si gn 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 09-01-2015 City Council Agenda Page - 5 - necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Councilmember Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held Regular meetings on August 18, 2015 and August 25, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meetings of August 18, 2015 and August 25, 2015. ATTACHMENTS Minutes –Regular meeting August 18, 2015. Minutes –Regular meeting August 25, 2015. 8-18-2015 Minutes Page - 1 - MINUTES REGULAR MEETING August 18, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 18, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Pro-Tem Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Cedric Edwards Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Mayor Carpenter was absent. Call to Order Mayor Pro-Tem Fowler called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Daryl John) Councilmember Daryl John provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) Mayor Pro-Tem Fowler recognized Executive Director Bob Cantu who provided the following announcements:  Tuesday, August 25, Drawing for Place on the November 3rd Ballot – 9:30 a.m. City Secretary’s office.  Friday, August 28, TML Region 7 Meeting, City of Balcones Heights Justice Center, 3300 Hillcrest Drive; 5:30 p.m. RSVP to City Secretary’s Office by August 20.  September 22-25, Annual TML Conference, San Antonio  October 3-18, Fall Cleanup, more information to come. The City of Schertz will be holding its’ General Election on November 3, 2015 for the purpose of electing Council Members in Place 3, Place 4 and Place 5. 8-18-2015 Minutes Page - 2 - Any candidate desiring to have his or her name on the official ballot shall file with the City Secretary no later than Monday, August 24, 2015 by 5:00 p.m., an application in writing requesting that his or her name be placed on the Official Ballot. The term of office for said vacancies will expire November 2017. Candidate packets are available in the City Secretary’s office or can be found online at www.schertz.com.  Announcements and recognitions by City Manager (J. Kessel) Mayor Pro-Tem Fowler recognized City Manager John Kessel who stated he wanted to say thank you to Randolph Air Force Base (RAFB), 435th Fighter Pilot Training Squadron for coming out last Friday and doing some work (cleanup & landscaping) at the Schertz Housing Authority, Veterans Memorial Plaza, and the Chamber of Commerce. Afterwards they came back and went to the Senior Center to help serve lunches and visited with the residents. This was a big deal for the Air Force and an even bigger deal for the community. He thanked all the participants of the 435th. Hearing of Residents Mayor Pro-Tem Fowler recognized the following individuals who spoke:  Mr. William Frampton, 408 Apache Ledge, Cibolo, who stated he would like to see some type of recognition for Mr. Felix Guerra who is the owner/proprietor of the physical therapy unit here on Schertz Parkway. Mr. Guerra was instrumental in getting Mr. Frampton to seek emergency care when he discovered during a routine physical therapy exam that Mr. Frampton’s vital signs were signals of a more serious nature. Mr. Frampton wound up having blood clots in both his lungs. He believes Mr. Guerra saved his life and the doctors at the Methodist hospital agree with him.  Mr. Reed Carr, 3509 Columbia Drive, Northcliffe, who spoke about needing two signs in their neighborhood addressing no overnight truck (18 wheelers) parking. They are asking for a sign at both the front and back entrances of the subdivision. The second thing is a need for ADA compliant ramps at the intersection of Turnabout and Cherry Tree across from the city park. They also have a lot of issues with vehicles parking on the wrong side of the streets and blocking sidewalks. He also mentioned an abandoned house, an abandoned car on Charleston Street, and speeders on Wedgewood Street. They would also like to have some dog poop bags/boxes. They had met with the City Marshal on June 26 who said they would set up a meeting with them. Maybe one of you can convince them to actually call us back.  Mr. Glen Outlaw, 3729 Forsyth Park, who wanted to thank council one more time for their action on employee compensation. However, the question you may want to ask is how we got in this position in the first place. Every time the City does a salary survey we are behind. In his opinion part of the problem is the city’s reliance on merit raises which simply move people along the pay scale without affecting the pay scale itself. We need to somehow keep the pay schedule moving so it stays comparable to our competitors. 8-18-2015 Minutes Page - 3 -  Ms. Linda Woodruff, 5509 Columbia, Cibolo, who discussed Bexar Waste Companywho has left some bad stains down Columbia Drive and also the street behind that one. The streets are horrible. She requested that someone come out and look at it.  Ms. Charleen Lacey, 609 Planters Pass, who addressed some comments made last week about the food being served at the senior center. The food is not bad, it is a nutritional lunch. For most seniors this is their one hot meal of the day. They have added a side salad to the meals now and it is a good addition to the menu. Your individual likes or dislikes of a certain food item does not make the entire meal bad. It is not bad food.  Ms. Phyllis Willman, 3544 Peachtree Lane, who stated at last week’s meeting she was unable to hear what any councilmember said and/or anyone who came up to the podium and spoke. She asked a few people sitting near her and each one of them stated they did not hear the speakers either. The mayor was the only one they heard and that is because he spoke directly into the microphone. She said if it is important for us hear, everyone should please speak directly into the microphone(s).  Ms. Doreen Bowers, 2608 Hidden Grove, who provided council with a handout and talked about the water situation and what is going on in our neighboring cities. The handouts are from the Wilson County News and are about a project to enlist the aid of buying water from Wilson County. She is concerned about how they are going about it. She read excerpts from the newspaper article and stated that the Carrizo and Edwards Aquifers are not the same type of aquifer. With heavy rain, the Edwards Aquifer can recharge itself in weeks but the Carrizo Aquifer recharges very slowly and the effects of over pumping can take a lifetime to rebound. She just wants to make council aware of this in case they are involved in some of these discussions with other parties.  Ms. Maggie Titterington, Schertz Chamber of Commerce, who thanked the RAFB 435 th Squadron for their recent landscaping improvements at the Visitors Center. She stated we also now have a new Schertz Idol, Ms. Rylee Krkosa, a student at Incarnate Word University, and she will be performing at the next Chamber Luncheon. They will be giving 80% of the proceeds raised from that event to BVYA. Representative John Kuempel spoke at today’s luncheon about the open carry law and other business legislation including Proposition 7, which deals with transportation stable funding. The Schertz Chamber supports this. The Chamber is in partnership with JBSA Randolph who had a wish list for their Air Show coming up on October 31 and November 1. They have 350 performers and have split this number with San Antonio and have found business sponsors in Schertz who will provide lunches for two days to our half of the performers. As the filing draws to a close the Chamber will be hosting a ‘Meet the Candidates’ for the City of Schertz on October 14, 2015 at 6:30 p.m. at the Schertz Civic Center Bluebonnet Room. Tim Brown will be the moderator and Randolph Brooks Federal Credit Union is sponsoring the event with some light refreshments. All candidates for City Council and the Schertz Cibolo Universal City Independent School District are invited to attend. Consent Agenda Items 8-18-2015 Minutes Page - 4 - Mayor Pro-Tem Fowler stated that staff has asked that item 2 be removed from the consent agenda for separate action. The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 11, 2015. (J. Kessel/B. Dennis) 3. Ordinance No. 15-T-26 – Consideration and/or action approving an Ordinance authorizing a budget adjustment for construction of the Woodland Oaks Retaining Wall Construction in the amount of $134,800. Final Reading (B. James/K. Woodlee) The following was read into record: ORDINANCE NO. 15-T-26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT FOR CONSTRUCTION OF THE WOODLAND OAKS RETAINING WALL CONSTRUCTION IN THE AMOUNT OF $134,800; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Pro-Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve the consent agenda items 1 and 3. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 2. Ordinance No. 15-M-25 – Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances establishing fees for certain licenses, permits, and other services provided by the City of Schertz. Final reading (J. Kessel/J. Santoya/J. Walters) The following was read into record: ORDINANCE NO. 15-M-25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN OTHER ORDINANCES BY AMENDING AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ. 8-18-2015 Minutes Page - 5 - Mayor Pro-Tem Fowler recognized Senior Budget Analyst James Walters who stated that after the first reading was approved they met with Dan Jackson who recommended a Cibolo wholesale rate of 3.27. This rate, which was on page 13, was originally presented as going from 2.27 to 2.41. This rate was calculated based on the potential cost of service of supplying Cibolo with a wholesale water rate which we currently do not do but if we did and took that rate into the future we would be ready to go. That was the only change. Currently, there is no fiscal impact associated with that. If Cibolo takes the option to purchase water at a wholesale rate in the future this is the rate they would be charged. Mayor Pro-Tem Fowler recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Ordinance No. 15-M-25 final reading. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 4. Ordinance No. 15-H-27 – Consideration and/or action approving an Ordinance amending Chapter 14 of the City of Schertz Code of Ordinances to adopt a trap, neuter, and release program and certain regulations with respect thereto; adding definitions; repealing all Ordinances or Resolutions or parts of Ordinances or Resolutions in conflict. First Reading (M. Harris/S. Roman) The following was read into record: ORDINANCE NO. 15-H-27 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF SCHERTZ CODE OF ORDINANCES TO ADOPT A TRAP, NEUTER, AND RELEASE PROGRAM AND CERTAIN REGULATIONS WITH RESPECT THERETO; ADDING DEFINITIONS; REPEALING ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro-Tem Fowler recognized Animal Services Manager Shanna Roman who stated Animal Services is requesting to implement a Trap-Neuter-Return Program for stray and feral cats. Statistics show that the program will greatly reduce the number of stray, un - neutered, un-vaccinated animals in a colony and keep new cats from entering the colony. Implementing this program is an effective and humane way to stabilize community cat populations. Cats are humanely trapped and taken to a veterinarian, where they are neutered and vaccinated. Kittens and socialized cats are placed into loving homes. Healthy, adult cats are returned to their colony site, where they are often provided continuing care by volunteers. A feral cat caregiver is a volunteer, uncompensated person who agrees to facilitate the trap, neuter and return program. They will follow the rules and regulations set forth by Animal Services and will be responsible for providing food, water and shelter for the cats in the colony. A permitted caregiver will be responsible for trapping and transporting the 8-18-2015 Minutes Page - 6 - cats for spay/neuter/vaccinations. They will also provide Animal Services with updates on the colonies. Animal Services will provide traps to the caregivers for this purpose of th e program. Ms. Roman stated the cost of additional traps are $75. The department will also fund all spay/neuter/vaccinations for the cats in the program. On average, the cost per cat will be $65-$75. Grant money and additional funding from non-profit organizations has been identified to offset the spay/neuter costs. The overall impact includes: healthier outdoor cats, reduced number of litters of stray kittens, and reduction of euthanasia of feral/unwanted cats. Staff recommends approval. Ms. Roman addressed questions from Council. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who stated that this is a great idea and a positive response on how we are moving forward with the problem. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance No. 15-H-27 on first reading. Mayor Pro-Tem Fowler recognized Councilmember Edwards who asked if the cats would be microchipped or inventoried in any manner. Ms. Roman stated that they will be tipped on their left ear. She stated that they would be able to recognize them if that cat is part of that colony. He also asked if they came up with an actual cost for the program. Ms. Roman stated they have not come up with an actual cost at this time. She stated the first year out they have several volunteers stepping up who are willing to help us and want to help support the program. What she would like to do is revisit this in a year and report back to the Council or before that time if needed and let them know where they are on the program and how much this program is going to cost. Councilmember Edwards asked Councilmember Azzoz if he would restate his motion to include an annual report. Mayor Pro-Tem Fowler asked if we had any idea today as to how many cats we have running around. Ms. Roman stated that it is hard to tell and the only thing she can tell you is the intake of feral cats is more than half of what they bring into the animal shelter and they are not adoptable. She stated that she does work with other agencies and individuals do take some of them as barn cats and again they do euthanize the ones that are not adoptable. She stated that it is tough to get them all placed. An estimation of feral cats brought in monthly is around 35 to 40. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance No. 15-H-27 first reading, to include adding an annual report. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 8-18-2015 Minutes Page - 7 - 5. Resolution No. 15-R-74 – Consideration and/or action approving a Resolution authorizing the City Manager to enter into a contract with the YMCA of Greater San Antonio for maintenance and operation of the Schertz Area Senior Center. (B. James/C. Van Zandt) The following was read into record: RESOLUTION NO. 15-R-74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE YMCA OF GREATER SAN ANTONIO FOR MAINTENANCE AND OPERATION OF THE SCHERTZ AREA SE NIOR CENTER AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Fowler recognized Executive Director Brian James who stated that last week the Council was updated on where we stood with the Senior Center. We reminded Council that staff had put out the Request for Proposal (RFP) and staff was recommending the YMCA be awarded the contract to operate the Senior Center. Council’s direction was to go out and speak to the seniors over the next week and get their take on this. Staff did this and one of the representatives of the YMCA came and spoke to them. The feedback from the seniors was positive. Based on the feedback staff is recommending that we move forward with the agreement. One question that was asked was to make sure we have an out clause, and we do have that out clause. The City has the ability at no cause to sever the contract so there is not an issue there. Mayor Pro-Tem Fowler recognized Councilmember John who asked what the period was for the out clause. Mr. James stated that it was five days’ notice. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who stated that he had read the contract and saw the attachment titled portfolio and asked if this was a five year contract. Mr. James answered yes. Councilmember Azzoz stated for clarification that we could sign a contract and in a month from now we could decide to sever the contract with any reason given. Mr. James concurred. Councilmember Azzoz asked that when we sent this out for bid, how was it advertised and how was it posted. Mr. James answered that we posted this on the City’s website where we normally post items for bid and we made those interested aware of the RFP, we did not send out notices, but did receive calls from entities on it. This is generally how we post items, but he will say that there are companies that typically go to cities websites to look for those bids and notify folks in the industry that they are there. Councilmember Azzoz also stated that he is looking at the cost of $174,000 and Mr. James stated that yes in the 5th year. Councilmember Azzoz asked how many Schertz residents’ percentage wise visit our center versus non-residents. Mr. James answered that the statistics are about 50% residents and 50 % non-residents; the Schertz taxpayers are paying for it 100%. Councilmember Azzoz asked if other cities 8-18-2015 Minutes Page - 8 - are contributing to our center. Mr. James answered no not at this time. Councilmember Azzoz stated this means the taxpayers of Schertz are carrying the financial burden. Mr. James concurred. Councilmember Azzoz agreed that this needs to happen but he doesn’t know if he wants to put the burden on our taxpayers and that is his number one concern. The number two concern is that he doesn’t want one entity to be in control of a lot of our functions in the city, he likes diversifying things. In looking at the requirements of the senior center he doesn’t like the word “minimal office supplies” because minimal could be just a laptop and he would like for it to be more specific before we should put this on our taxpayers and he wants to get it right. He believes we really need to put it out again for bids and find another source. He believes that it is going to take three to four individuals to do this. The $174,000 plus other expenses is too much money for him to say let the City of Schertz absorb this cost. The fairness is not there and he is having difficulties agreeing to this. He is encouraging his colleagues to look at the cost and again he doesn’t like the idea of one entity controlling a lot of our city functions. Mr. James stated he had very valid points. He said if we can get the YMCA to get the senior center up and running, then maybe we can talk to the other cities to see if they will contribute to its operational costs. We have already established a good relationship with Cibolo and Selma in regard to the library and if we can make a good case for the senior center, we can talk to those cities that have residents attending the facility and see if they can contribute proportionately. If this is the direction Council wants staff to pursue then in six months and giving the YMCA three months to get going, then staff will proceed to have discussions with the cities that have residents attending our senior facility. Councilmember Azzoz stated he recommends looking at this again and putting something in the paper to seek other bids and also communicate to the surrounding cities. Mayor Pro-Tem Fowler asked what we were paying the past contractor. Mr. James said it was under $40,000 per year. However, our seniors had an expectation of a certain level of service, but it ultimately came down to having the money available to provide those additional services and activities. Mayor Pro-Tem Fowler recognized Councilmember Edwards who stated that he knows that they had $40,000 we were paying the other entity; however the bulk of the fundraising dollars that our seniors were doing that entity was taking the bulk of the proceeds, so our seniors did not see that money back into our community. He said that joint facilities have worked in every organization we have; public and private entities have worked and this is not an issue. He doesn’t want to see the city hire and start an elderly care division and if we get to that recreational part of it as well, we have a grea t relationship with BVYA and YMCA, we have great partners and great contractors who have come in to do our street repairs etc. Councilmember Edwards stated that he doesn’t see us not going forward with this contract. We have been sitting on the fence with the seniors too long and our seniors deserve better. Councilmember Edwards wants to move forward and we need someone from our home town, and Freddy with the YMCA is from Schertz and has a direct link with the senior center. 8-18-2015 Minutes Page - 9 - Mayor Pro-Tem Fowler recognized Councilmember Thompson who echoed Councilmember Edwards comments that the YMCA has proven their reputation within the city. If the City has the ability to get out of the contract at any time, we are in good shape. In regard to the previous costs we were paying, some of the things our previous contactor would not pay for were the ballasts to be replaced. The seniors had to sell popcorn and not turn the money in to replace the ballasts. Councilmember Thompson made a motion that we adopt this resolution and move on because our seniors deserve it. The motion was seconded by Councilmember Edwards. Mayor Pro-Tem Fowler stated that we have a motion and a second and asked for other comments. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who stated he believes that we have to be transparent and there is still work to be done. He asked Councilmember Thompson to withdraw his motion and lets work on this more because he is not going to put the burden on the Schertz taxpayers knowing that only 50% of our seniors use it. It is unfair practice for him to vote on an issue like this and it is not fair for us to absorb this cost without us looking into this more thoroughly. Mayor Pro-Tem Edwards stated to whom much is given, much is required. Would we cancel our contract with our Library, would we cancel our contract with our public works, would we cancel our contract with our EMS? We have mutual aid, if our neighbors needed water would we sit here and talk about our wholesale rate of our abutting cities, Selma, Live Oak, Converse? If they were in a situation that was dire, would you come and complain about the water rate at that point? We would talk about it later, but do what’s right first and then we would discuss the cost. Although this is not an emergency, we have been operating in this situation far too long for our seniors. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who asked that on section 7 under termination, it says “by the City, at will and without cause upon not less than five (5) days written notice to the contractor” so he asked could we revisit this again? He asked if the cities of Cibolo, Seguin, Universal City or other surrounding cities say that they are not going to assist in the funding, where do we go from there? Mr. James answered we have two options: we could keep funding the senior center with the YMCA as is, or we could cancel the contract and put another one out for bid with different levels of services. You would certainly have the ability given it is the Schertz Senior Center to say that this is only for our residents to use and you would not have to let folks from other communities use the senior center. That is an option you have. Certainly if one of the cities participates and the other didn’t we could sit down with the YMCA and say we are interested in re-negotiating the contract and then they would have the option to say no they do not want to do that and we could cancel the contract. They could say that the cost is too great, we would have to scale down; they may entertain that. They may say this is the level we are willing to operate the senior center at and this is what we think it will cost to do it right and if we did not agree, then we could cancel the contract. 8-18-2015 Minutes Page - 10 - Confirmation was provided by the City Attorney that the contract had a five day out clause for no reason. Councilmember Azzoz stated that if this is the case he agrees to do this but if issues arise out of this, he would ask to revisit the matter. Mr. James stated that we can certainly start approaching those others sooner, and his thought would be to let the YMCA get on board before we start approaching them. One last point he made is that Cibolo and Selma, who are the bigger users, as he mentioned before, they also contribute to our Library. They do not have to do that. We receive money from Guadalupe County to support our Library. Part of Guadalupe County’s requirement is that we have to let folks in Guadalupe County use it. Again, Cibolo views it as the right thing to do. Mr. James stated that he appreciates Councilmember Azzoz’s concerns and is optimistic that the other cities will help us. After further discussion, Councilmember Azzoz stated he is now in agreement to move forward with the contract, but he is looking after our interests and our seniors. Mayor Pro-Tem Fowler asked what our current operating costs were. Mr. James stated that the operating costs are harder to calculate, but we budgeted about $70,000, and how we currently are saving some money operating it is that Chuck VanZandt and Sandy Bryant are doing ‘triple duty’ of things that they do. These folks are saving the city a bunch of money by running ragged and doing that; again he believes they do a really good job given the fact that they have three jobs that they have to do. We also rely very heavily on our seniors to pitch in and do a lot of the things that we do at the center. We want our seniors to be involved and to have a say in matters and we made this very clear to the YMCA. We want our seniors to feel like it is their center. We also want them to be able to come in and say, this is fun, relaxing, and enjoyable, and this is not a job. The budget amount is $70,000 but frankly it is not a real number because we rely too heavily on a couple of staff people and the seniors. He cannot provide a real cost because it under appreciates these folks. This is a credit to our staff and the care that they have. Mayor Pro-Tem Fowler recognized City Manager John Kessel who provided a comment about other cities participation. He stated that if the cities do in fact agree to participate it is likely that it will not be until next fiscal year because they won’t have that money in their budget this year; it is unlikely that they could account for that. However, we could approach them and ask if they could do a mid-year budget adjustment sometime in March. They may be willing to do this if they have some ‘found’ money, but realistically it would be something that they would put in the line items for next year’s budget. These cities have the same budget process that we have. As there was no further discussion and as moved above, Mayor Pro-Tem Fowler had recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to approve Resolution No. 15-R-74. Mayor Pro-Tem Fowler called for the vote. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 8-18-2015 Minutes Page - 11 - 6. Public Hearings on Proposed Budget for FY 2014-15 – Conduct a public hearing regarding the adoption of the FY 2015-16 Budget. (First required public hearings) (J. Kessel/J. Walters) Mayor Pro-Tem Fowler recognized Senior Budget Analyst James Walters who stated that City Council must hold public hearings on the proposed budget for FY 2015-16, and the first public hearing is being held tonight, August 18, 2015. The second public hearing will be conducted at the August 25, 2015 regular meeting. The third public hearing will be held September 1, 2015. Mr. Walters provided a PowerPoint presentation regarding the highlights of the budget which included the following: FY 2015-16 Proposed Budget Budget Goals:  Balanced Structurally  Conservative and Responsible  Follows Financial Policies  Maintains Current Service Levels  Focuses on priorities Management Practices:  Focus on priorities – Maintain appropriate fund balance  Team Input – Departments, Council and Citizens  Forward looking – planning for future revenues and expenses, consider project schedules, 5 year forecast, long term debt model  Key City 5 Year Goals 2015  Building repairs  Fire Station 3  Compensation Study  Bond Election  Strategic Staffing levels  Focus on Competing existing programs  Maintain reserves Budget Highlights  Classification & Compensation study  Firefighter Ramp up Program  Fire Apparatus (Debt Service)  First year use of vehicle replacement fund – affecting general services, marshal, streets, parks and animal services  Southeast Water storage tank and distribution lines  Additional Sewer lines and lift station 8-18-2015 Minutes Page - 12 - Upcoming Capital Projects  $15 Million in the upcoming bond election - Fire Station #3 - FM Road Improvements Additional $10 Million to be issued by Council - Other roadway and infrastructure maintenance All Funds – Revenues General Fund $26,568,977 Special Events Fund 131,800 PEG Fund 252,500 Water & Sewer Fund 18,902,115 EMS Fund 7,744,797 Drainage Fund 1,380,620 Hotel Tax 593,277 Park Fund 111,229 Tree Mitigation 40,250 Capital Recovery Water 3,477,141 Capital Recovery Sewer 3,643,712 I&S Fund 6,091,375 Other Funds 355,390 SEDC 3,528,562 Grand Total $72,821,745 All Funds – Expenses General Fund $26,180,517 Special Events Fund 131,800 PEG Fund 252,500 Water & Sewer Fund 18,855,871 EMS Fund 7,471,850 Drainage Fund 1,220,951 Hotel Tax 259,330 Park Fund 34,800 Tree Mitigation 27,000 Capital Recovery Water 3,477,141 Capital Recovery Sewer 3,343,712 I&S Fund 5,821,418 Other Funds 322,990 SEDC 2,659,502 Grand Total $70,059,382 8-18-2015 Minutes Page - 13 - Fund Balance/Equity FY 2015-16 Estimated Beginning balance Net Change Budgeted Ending balance General Fund $6,911,098 $147,372 $7,058,470 Special Events Fund 73,803 -10,000 63,803 PEG Fund 493,463 -145,500 347,963 I&S Fund 733,023 269,957 1,002,980 Water & Sewer Fund 3,381,415 -453,756 2,927,659 Capital Recovery Water 5,172,348 -2,550,541 2,621,807 Capital Recovery Sewer 4,046,501 -3,077,712 968,789 Drainage Fund 1,132,963 -54,251 1,078,712 EMS Fund 975,653 272,726 1,248,379 SEDC 8,653,932 869,060 9,522,992 Hotel Tax Fund 783,780 329,872 1,113,652 Park Fund 210,958 76,429 287,387 Tree Mitigation 459,533 13,250 472,783 Library Fund 63,071 -4,960 58,111 Historical Committee 9,567 0 9,567 Parks & Rec Foundation 111,337 32,360 143,697 General Fund Revenues Property Taxes $10,252,766 Sales Taxes 7,036,724 Fees 2,486,122 Franchises 2,221,153 Fund Transfers 1,921,266 Permits 1,249,839 Inter-Jurisdictional 783,847 Miscellaneous 462,000 Other taxes 40,100 Licenses 84,160 Library Fines 31,000 Total Revenues $26,568,977 Property taxes make up 39%, Sales Tax 27%, Fees 9%, Franchise 8% and Fund transfers 7% all others make up the rest. General Fund Expenses General Government $ 7,057,767 Internal Service 3,795,021 Police 6,211,375 Fire Rescue 3,720,308 Inspections 693,360 Marshal Service 717,794 Streets 1,181,397 Parks & Recreation 1,350,793 Library 877,288 Animal Services 575,414 8-18-2015 Minutes Page - 14 - Total Expenses $26,180,517 General Government makes up 27%, Police 24%, Internal Service 14%, Fire Rescue 14% all others make up the rest. General Fund Revenues $26,568,977 Expenditures 26,180,517 Increase of Fund Balance 388,460 Beginning Fund Balance 6,911,098 Use of Vehicle replacement -241,088 Ending Fund Balance 7,058,470 25% Reserve Policy 6,501,138 M&O $0.3159 Total Change in Expenditures $150,000 New Employees $380,400 Large Expanded programs (over 10,000) $600,000 Act on Compensation Study $329,600 Continue Existing Staffing Levels & Programs $1,460,000 Total Increase $389,000 Reserve Funding M&O $0.3159 New Personnel $150,000 3 Firefighters – Ramp up Program Station #3 $150,000 Total New Employees M&O $0.3159 Large Expanded Programs $260,400 Vehicle Replacement $150,000 Replace Remaining SCBA’s $20,000 Expanded Election $380,400 Total Large Expanded Programs M&O $0.3159 Reserve Funding $169,000 Vehicle Replacement $25,000 A/C Replacement $25,000 Server Replacement $35,000 P&Z Software $35,000 Phone System Replacement $100,000 Unassigned Fund Balance $389,000 Total Reserve Funding 8-18-2015 Minutes Page - 15 - Sales Tax FY 2013-14 FY 2014-15 FY 2015-16 Actual Estimate Budget General Fund $7,032,044 $6,961,724 $7,036,724 -1% +1% 2015 – 5 Year Forecast FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 Revenue $25,297,719 $26,568,977 $27,576,055 $28,605,522 $29,644,059 $30,731,548 Expense $(24,668,799) $(26,180,871) $(27,549,143) $(28,547,611) $(29,793,283) $(30,529,331) Reserve Funding $628,920 $147,372 $26,911 $57,912 $(149,224) $202,217 M&O Fund Balance $6,911,098 $7,058,470 $7,092,028 $7,149,939 $7,000,716 $7,202,933 25% Goal $6,077,050 $6,501,138 $6,868,536 $7,136,903 $7,448,321 $7,632,333 Over/Under $834,049 $557,332 $216,846 $6,391 $(454,251) $(436,046) 5 Year Summary – I&S Fund  At I&S Rate of $0.1752: - Includes $15 million bond package from elections in 2015 - Includes additional CO Bonds for infrastructure - The lowest fund balance is $149,811 in FY 2017/18 - Rate could fluctuate based on the actual growth of the tax base and the results from the bond election but at a reduced rate due to the model Change Memo  Made adjustments to act on Year 1 of the Classification study recommendations  Updated Parks and Pools in the General fund for a full year Director Funding in place of the pool liner - The pool liner funding will come out of the current year budget  IT in the General Fund will increase for additional cable costs  Updated Water & Sewer Fund projects -Will now only budget for the next phase of Northcliffe waterline replacement A copy of the proposed FY2015-16 Budget can also be found on line at www.schertz.com. A paper copy is available for viewing in the City Secretary’s office and at the Schertz Library. Mayor Pro-Tem Fowler opened the public hearing and recognized the following who spoke:  Mr. Robert Brockman, 1000 Elbel Road, who addressed a question regarding where the Senior Center budget of $150,000 is at. Mr. Walters stated that the initial $150,000 is under the City Assistance Header for FY15-16. Mr. Brockman also asked where the Rollback rate number comes from. 8-18-2015 Minutes Page - 16 - Mayor Pro-Tem Fowler stated that Mr. Walters will address Mr. Brockman’s question regarding the rollback number when they get to the Public Hearing on the Proposed Tax rate. As no one else spoke, Mayor Pro-Tem Fowler closed the public hearing for Council comments. Mayor Pro-Tem Fowler announced that the next public hearing and first vote will be conducted August 25, 2015. 7. Public Hearings on Proposed Tax Rate – Conduct a public hearing regarding the adoption of the FY 2015-16 Tax Rate. (First required public hearings) (J. Kessel/J. Walters) Mayor Pro-Tem Fowler recognized Senior Budget Analyst James Walters who stated that in accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. Tonight is the first required public hearing. Mr. Walters stated at the August 4, 2015 regular session of the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4911, per $100 of value, with the M&O rate at $0.3159 and the I&S portion of $0.1752. The proposed rate is not subject to rollback. Mr. Walters provided a PowerPoint presentation with the following highlights answering questions from Council: FY 2015-16 Proposed Tax Rate 2015 Property Values 2014 Adjusted Taxable Value $2,748,857,464 2015 Equivalent Taxable Value $2,932,054,997 2015 New Improvements + $97,748,649 2015 Adjusted Taxable Value $3,029,803,646 Difference $ 280,946,182 Mr. Walters provided a graph regarding the 2015 Property Taxes accessed by the different entities in each county. City Tax Rate Tax Rate Current M&O $0.3164 To operate general City services I&S $0.1810 Pays for the City’s debt Total $0.4974 The combined tax rate seen on the tax bill 8-18-2015 Minutes Page - 17 - City Tax Rate Effective: The tax rate which, on average, will keep the tax bill the same as in 2013. Current: The rate currently adopted by the City. Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. Rollback: The rate if exceeded allows citizens to initiate a rollback election. The results of this election can reduce the adopted tax rate back to the rollback rate. City Tax Rate Effective: $0.4664 Current: $0.4974 Proposed Max: $0.4911 Proposed budget is balanced at this rate. Rollback: $0.4912 $0.01 is equal to $302,980 revenue or $18.53 on the average home. Proposed Tax Rate Breakdown Tax Rate Current M&O $0.3159 To operate general City services I&S $0.1752 Pays for the City’s debt Total $0.4911 The combined tax rate seen on the tax bill FY2015-16 City Tax Rate At $0.4911 2014 Tax Bill = $866.47 Avg Home Value $174,200 2015 Tax Bill = $909.52 Avg Home Value $185,200 Increase =$ 43.05 2014 Tax Bill = $497.40 Home Value of $100,000 2015 Tax Bill = $491.10 Home Value of $100,000 Decrease = $-6.30 Mr. Walters showed a graph of Schertz Historic tax rates. Mr. Walters showed the following budget calendar FY2015-16: August 18 First Public Hearing August 25 Second Public Hearing, First Vote September 1 Third Public Hearing, Second Vote October 1 Budget goes into effect Mr. Walters addressed Mr. Brockman’s question regarding where does the roll back number come from and how it is calculated. 8-18-2015 Minutes Page - 18 - Mayor Pro-Tem Fowler opened the public hearing and as no one spoke, closed the public hearing. As no one else spoke, Mayor Pro-Tem Fowler closed the public hearing for Council comments. Mayor Pro-Tem Fowler announced that the next public hearing and first vote will be conducted August 25, 2015. Roll Call Vote Confirmation Mayor Pro-Tem Fowler recognized City Secretary Brenda Dennis who provided the roll call vote information for agenda items 1 through 5. Requests and Announcements 8. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives No further announcements were provided. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro-Tem Fowler recognized Councilmember Azzoz who stated last week they discussed going to three meetings a month and his opinion is as an example of tonight’s’ meeting with all the public hearings it is much easier to cancel a meeting if we do not have a lot on an agenda and we could cancel as well as inform the public. Councilmember Azzoz also asked City Manager John Kessel to provide him information on the 2 million dollars given to us from TxDOT for the work on the FM 3009 sidewalks. He has not received the information. Mr. Kessel stated that we can certainly discuss this and next week we can provide the update. Councilmember Azzoz stated that he wanted to compliment Senior Budget Analyst James Walters on the incredible job he has done presenting the budget and explaining it thoroughly. He thanked Mr. Walters for a job well done and also complimented everyone who participated. Mayor Pro-Tem Fowler requested an item be placed on the agenda in two weeks for discussion of a summer dress decor. He stated that during the summer months we should consider a common sense dress décor up on the dais to either wear one of our short sleeve shirts or another shirt. During July, August and September he sees no reason why we should be wearing coats and ties or being so mixed in what we wear. He understands the difference between work attire as you dress for the job or you dress for the position. 8-18-2015 Minutes Page - 19 - During the summer months when it gets up into the 100’s we should at least talk about this. Councilmember Edwards asked if he would like to have this in the policies and procedures because we are going to have this discussion coming up soon. Mayor -Tem Fowler stated that yes as a future item on the agenda. 10. Announcements by Mayor and Councilmembers  City and community events attended and to be attended  City Council Committee and Liaison Assignments (see assignments below)  Continuing education events attended and to be attended  Recognition of actions by City employees  Recognition of actions by community volunteers  Upcoming City Council agenda items Mayor Pro-Tem Fowler recognized Councilmember Edwards who stated that he is back from dropping off his second son at West Point, who will be playing ball there. He stated that he just graduated from his Cadet basic training and has now been accepted into the Core of Cadets. Councilmember Edwards stated that is two, he has to work on two more. Mayor Pro-Tem Fowler recognized Councilmember Thompson who stated the City in conjunction with Hospice held the 70th Memorial Anniversary of the end of World War II at the Veterans Memorial stating this was an excellent ceremony honoring our veterans and acclamations to all those that made it happen. Mayor Pro-Tem Fowler concurred with Councilmember Thompson regarding the 70th Memorial. He stated that the ceremony was solemn and brought back a lot of memories when his dad was in the Navy. Mayor Pro-Tem Fowler stated that one last announcement from him is that he will not be in attendance next week as he has personal business he will be taking care of. Adjournment Meeting was adjourned at 7:45 p.m. __________________________ Jim Fowler, Mayor Pro-Tem ATTEST: __________________________________ Brenda Dennis, City Secretary 8-25-2015 Minutes Page - 1 - MINUTES REGULAR MEETING August 25, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 25, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael Carpenter Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Cedric Edwards Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait Executive Director Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Deputy City Secretary Donna Schmoekel Mayor Pro-Tem Fowler was absent. Call to Order Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and the State of Texas (Mayor Carpenter) Mayor Carpenter announced that he received word that former Councilmember Charles Sharpe who served as City Councilmember from 1982 to 1988 passed away today. Visitation is Monday, August 31, 6-8 p.m., at the Schertz Funeral Home, Funeral Services are Tuesday, September 1, 9:30 a.m., Schertz Funeral Home and burial at 11:00 a.m. at Fort Sam Houston. Mayor Carpenter asked for a moment of silence. Mayor Carpenter provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements  Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements:  Friday, August 28, TML Region 7 Meeting, City of Balcones Heights Justice Center, 3300 Hillcrest Drive; 5:30 p.m. RSVP to City Secretary’s Office.  Saturday, August 29, 8th Annual Fischer House Benefit, VFW Schertz, Noon to 7:00 p.m.  Monday, September 7, Labor Day, City office will be closed. 8-25-2015 Minutes Page - 2 -  September 22-25, Annual TML Conference, San Antonio  Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel deferred to the next item. Employee Recognition  Employee Longevity Recognition – Mike DeLeon General Services Department – 35 years. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated tonight, we honor an employee who is celebrating 3 ½ decades with the City of Schertz. Yes, you heard right. 35 years of employment. With Johnny’s recent departure, our General Services Director, Mike DeLeon, is currently our longest tenured employee. Mike’s journey to where he is today is an interesting one. He was actually hired on part- time in July 1979, by none other than our former Mayor Hal Baldwin, who was a City employee at the time. Mike began working as a part-time custodian during his senior year of high school, and then in June 1980, after graduation, he was brought on full time. At that time and for the next ten years, he was the only custodian the City had. Because Schertz was so small back then, employees often wore many hats, and performed many different duties in addition to what their actual position was. Although he didn’t fight fires or lay water pipes, Mike assisted in making zoning maps, providing translating assistance to Spanish speaking customers, managing the fuel for the City vehicles and equipment, and helping out with Municipal Court docket entries. Once the City hired more custodial staff, Mike was promoted to Facility Maintenance Supervisor, then to Facilities Manager and then, in 2006, he was promoted to General Services Director, which is the position he currently holds. Mike supervises 10 full time and 4 part time staff members – who maintain all of our Municipal buildings. When Mike started, he cleaned three buildings; now his department services 20 buildings. They are responsible for not only cleaning each facility, but they provide other services such as door locks/programs, fire alarm inspections, security system, pest control, supporting all City events and more. As with many of our tenured employees, Mike was directly involved when the City experienced the devastating floods in the late 90’s. Mike’s role was operating the emergency shelter and managing it until the Red Cross arrived. At the time, the shelter was located in the Community Center. He told us that at one point, there were over 150 people in there, which for those of us that have been inside that building, can only imagine how difficult it must have been to make sure everything was in order. His role during the City’s time of crisis was instrumental and I know that he helped many during such a difficult time. During the recent lunch we had with him, it was brought up that he is the unofficial “Mayor” of Rittaman Edition which is the neighborhood he lives in. When his neighborhood was trying to get improvements from Bexar County, Mike was actively 8-25-2015 Minutes Page - 3 - involved in making sure this got accomplished; from applying for CDBG grants to speaking at the Bexar County Commissioner’s Court; he made sure his neighborhood got what they needed – hence his given title. Mike has done so much during his tenure here – whether it be from initializing the City’s consolidated purchasing program or developing the security procedures for the employee access control system, his hard work and leadership is palatable throughout his 35 years of employment. Mr. Kessel stated when he first began his duties as City Manager; he sat down with every Department Head and asked about his or her vision and values for their department. To this day, he still remembers what Mike said – he takes his job as a calling and he is proud to do what he does. The word he specifically used was “service”. Mike has built his legacy and his team is based on service. I receive many praises for Mike’s staff; his folks are willing to go the extra mile for you, no matter what it is you ask of them. And they always do so with great customer service. That value has been instilled in them by this man here. So, thank you Mike, for all you have done and congratulations on achieving such a milestone in your career. I hope you enjoy your retirement and know that you have left your mark here in this City. Mr. Kessel presented Mike with his 35 year pin. Mr. Kessel stated that Mike has announced his retirement and as traditionally done, the City would like to make a special presentation. Mr. Kessel recognized former Deputy City Manager John Bierschwale who came forward presenting Mike with the City flag congratulating him on his years of service and congratulations on his upcoming retirement. Mr. Deleon came forward thanking previous Mayor’s and Councilmembers and thanked the current Mayor, Council and Executive Staff. Mike thanked his staff and all his co-workers. Mayor, Council, staff and the audience gave a standing ovation to Mike in recognition of his years of service.  Employee Promotion Recognition – John Perry – Fire Marshal. (D. Wait/D. Covington) Mayor Carpenter recognized Fire Chief David Covington who came forward announcing the recent promotion of John Perry as the new Fire Marshal providing a brief background of his years of service. Chief Covington stated that John is also our Assistant Emergency Manager for the City and you have seen him recently as he was instrumental in the work regarding the fire codes. Fire Marshal Perry thanked the Mayor, Council and Management staff stating he looks forward to the continued work to be done in Schertz and the many successes to come. Mayor and Council congratulated Mr. Perry. Mayor Carpenter stated that they have all the confidence in his capabilities and leadership and are glad to have him in his new role.  New Employee Recognition – New Assistant Fire Chief Kade Long. (D. Wait/D. Covington) 8-25-2015 Minutes Page - 4 - Mayor Carpenter recognized Fire Chief David Covington who introduced the City’s New Assistant Fire Chief Kade Long. Chief Covington provided a brief background regarding Assistant Fire Chief Long’s career. Chief Covington stated that he was raised in El City Oklahoma, and was Fire Chief in Vernon Texas. He stated that he has served as interim City Manager in Vernon, is a graduate from Southwestern State Oklahoma City with a degree in Education, is a Graduate from Sam Houston State with a Masters Degree in Public Administration, is a Graduate of the Texas Fire Chief’s Academy, and is a Graduate of FEMA Emergency Managers Academy. Assistant Long has a wife Terry, sons Jordan, Kolton, and daughter Ashlynn. Hobbies include the outdoors and family and he also served in Iraq with the Naval Reserve’s. Assistant Fire Chief Long came forward thanking the City for this opportunity and looks forward to working with everyone. Mayor Carpenter stated that he would like to recognize in the audience this evening Mr. Gary Inmon, Schertz Cibolo Universal City Independent School District (SCUCISD) Board Member. Mayor Carpenter also asked all those running for office in November to stand and be recognized. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke:  Mr. Carl Douglas, 2550 Woodland Village Place, who spoke on the City Charter amendments, proposed meeting reductions and Council’s compensation. He has no problem with increasing the size of the Council or decreasing the number of meetings except there was no mention of a decrease in compensation. He believes someone should be paying attention to this. If you are going to do the job right, being on Council, it is going to take 20 to 30 hours a week; it’s one night a week. You need to set your priorities. Mayor Carpenter stated that as a statement of fact, the changes to the size of the Council came from a citizen group, from a Charter Review Commission that was seated. No member of Council participated in that citizen group.  Mr. Bert Crawford, 4100 Brook Hollow Drive, who thanked the Council, EMS, Police and Fire Department personnel for recently attending the Wynnbrook Back to School Snow Cone Festival.  Dr. Irene Petrisky, 1117 Twin Lane, who thanked the City for providing an opportunity for the citizens to participate and interact at the community budget meetings on the proposed budget. She also thanked the City Council who voted for the cell phone ban. She believes that this would help our first responders and our citizens to be safer. Dr. Petrisky addressed her concerns with losing our first responders to other communities. She stated that our first responders should be our top priority in the budget. She cited the amount for the swimming pool maintenance compared to the amount paid to first responders. She would also like to see recognition for our first responders. Presentation 8-25-2015 Minutes Page - 5 -  Schertz EMS Community Health Program (D. Wait/K. Burnam) Mayor Carpenter recognized Community Health Manager Kelly Burnam who provided the following highlights regarding the Community Health Program. Ms. Burnam stated currently, we are using the most expensive means of healthcare transportation to go to the most expensive place to obtain health care. – We want to change that. In 2007 the Institute for Healthcare Improvement introduced a concept called Triple Aim. The goal is to improve overall patient’s outcomes. Triple Aim has become the model for changing the healthcare system as we know it. Goals are to increase population health, make everyone generally healthier, decrease per capita costs, and spend less on healthcare. Increase patient experience, make happier patients, go to the doctor or hospital and fix the problem, and not have to go back. Pull together resources, EMS, hospitals, primary care physicians, pharmacies, insurance companies, home health, and non-profits. All work together to integrate care and make better outcomes, achieving the triple aim. Schertz EMS is working on what we call our “high utilizers”, ones that call 911 8 or more times in 12 months, current year count: 16 August to August. We want to reach out to them and offer assistance; most of the patients are always receptive with first time help that is being offered. The assistance may be simple, some may be complex and require working with their doctors, specialists on meds etc., but it always ends in success. Ms. Burnam stated she gives them her time. Patients trust her, they trust the patch she wears and the uniform. Ms. Burnam provided information on recent case studies that ranged from extreme cases to the lower profile ones showing how the program works in lowering the number of transports and lowering costs to patients as well as what the costs were for EMS, thus making the patient healthier. Through proactive work with patients, we avoided costs and saved time for other resources. Ms. Burnam showed graphs of how PD and Fire Responses have also decreased since the program has been implemented. Ms. Burnam stated that since the program’s inception in 2013, the Community Health Program has saved Schertz EMS over $220,000 by reducing the number of unwarranted EMS calls on just 5 of their high utilizers that were used for the presentation. These efforts have also saved money and resources for Police and the Fire Department. Referrals come from crew members, first responders and the public. We have established relationships with several different organizations: Humana – SAHAB, 20% healthier by 2020 using bond moves, Mobile Integrated Healthcare (MIH) is one project Bluebonnet Trails MHMR, Mental Health Guadalupe County, excellent working relationship, they come out when she needs assessment, and vice versa. APS crew submit cases, and get immediate feedback. Adult Protective Services – working with them on case studies. STRAC – MIH consortium, us, San Antonio Fire Department and other agencies SAFG Major San Antonio Hospital Systems - also part of the consortium Area Primary Care Physicians – working with several physicians Patient navigation, we helped 25 plus people, 12 currently enrolled, list of 16 she is working to get with for more help. The program is a new part of EMS and not well 8-25-2015 Minutes Page - 6 - known, we are learning as we go, outcomes have been great. Working together makes better outcomes/lives for patients. Next Steps: Humana Pilot Project – Humana working with their high utilizers, biggest spenders. University Hospital Pilot Project – we have been talking with them for several years about pilots to save Bexar County Hospital district money. They approached us with the funding to look at specific population to decrease cost to Medicaid. Lastly, if we have more Mobile Integrated Healthcare medics, we can see more patients. Mayor Carpenter stated that as he understands it this is the first time she has presented to Council and congratulated her on a great presentation and remarking about the work on the program. Mayor Carpenter congratulated the team. Mayor Carpenter stated the cost savings are great but the freeing up of time of our first responders is remarkable and is a gift back to the community and the innovation is exceptional. Mayor Carpenter recognized Councilmember Edwards who asked how most of this would be funded and could we apply for grants. Ms. Burnam stated there are a few grants out there but the university is the one that would forward the money to them. Mayor Carpenter recognized Councilmember Thompson who stated that senior care is very special to him and he appreciates the fact that you are taking care of this population that is not taken care of. Councilmember Thompson commended her on an excellent presentation. Mayor Carpenter recognized Executive Director Dudley Wait who answered Councilmember Azzoz’s question stating that Medicare has a co-pay and Medicaid pays a portion of the ambulance transport but we cannot make any other effort to collect on the rest of the charge and therefore we write it off. Councilmember Azzoz complimented Ms. Burnam and stated that this is an outstanding program.  Update and acknowledgement regarding the grant acceptance from Guadalupe County 100 Club. (M. Hansen/J. Correu) Mayor Carpenter recognized Police Chief Michael Hanson who stated that two years ago CID Lt. John Correu took on the job of soliciting grants and as a result of this effort tonight he will be recognizing two companies where the City of Schertz Police Department received grant money. CID Lt. John Correu came forward introducing and recognizing Mr. Jim Blair with the Guadalupe County 100 Club. CID Lt. Correu stated that earlier they had applied for a grant and the Guadalupe County 100 Club awarded us the money to purchase (2) Stinger Spike Systems. These systems are used to deflate tires in the event of a vehicle pursuit.  Update and acknowledgement regarding the grant acceptance from Bexar Metro 91l. (M. Hansen/J. Correu) 8-25-2015 Minutes Page - 7 - Mayor Carpenter recognized CID Lt. John Correu who came forward explaining that last year the police department sought a grant to purchase the equipment needed for a “point to point” system. This system will allow us to monitor the cameras at the school district to support our SRO operations and in the event of any incident to include sporting event Security. CID Lt. Correu recognized Mr. Michael Riggs with Bexar Metro 911 District along with Mr. Eddie Taylor. CID Lt. Correu thanked Mr. Riggs and Mr. Taylor for the opportunity to work with them. Mr. Riggs came forward explaining the grant and stated they work with several entities seeking grants and was happy to award this to the City of Schertz. Mayor Carpenter recognized the efforts of CID Lt. Correu and also stated he was not sure when he slept as he is also running as a candidate for the School District and since he is unopposed he will be elected in November. Workshop  Workshop discussion and direction regarding the Aquatic Facility. (B. James/P. Gaudreau) Mayor Carpenter recognized Owners Representative Phil Gaudreau who s tated this evening he wanted to bring you information on the status of the aquatic project. He stated that they gave a presentation when they had completed the schematic design; however we have made some changes to this as a result of budget tightening and clarifications. He stated that he wanted to show the Council what they have not only in terms of design but also in terms of dollars and schedule. Mr. Gaudreau stated that from the architect design team we have Mr. Greg Houston from Marmon Mok and from Thomas Byrne Construction Services, Tony Battle. Mr. Gaudreau turned the presentation over to Mr. Houston who provided a PowerPoint presentation regarding the team’s information, project design, construction costs, and project schedule. A full copy of the PowerPoint can be found on the city’s website under “City News”. Mr. Houston stated that they have been in business for over 60 years and have worked on a variety of aquatic projects and a variety of programs like the City’s aquatic center. One of their partners is Counsilman Hunsaker who is responsible for the technical aspects about engineering the pool systems, filtration and pool equipment and he has worked with him on several projects. Mr. Houston provided a map of locations all over the United States where Counsilman Hunsaker has worked on the size and type of facility we are proposing for Schertz. He stated that their construction partner is Thomas Byrne and recognized Tony Battle. Mr. Battle introduced his team who was present this evening who are working on this project. Mr. Battle provided the following background information on the company:  Founded in 1923; 92 years experience as a Texas based Construction Manager  South Texas Region headquartered in San Antonio  A legacy of quality in high profile projects  $424 Million in Annual Contract Volume 8-25-2015 Minutes Page - 8 -  105 Employees  200+ Construction Manager at Risk Projects  Certified MBE Mr. Battle provided information on past municipal aquatic facilities with similar scope and focus projects they have worked on. He provided information on the overall site plan, aquatics floor plan, the aquatics front entry perspective, southeast and northeast and the southwest and northwest elevation views of our aquatics facility. Mr. Battle also showed designs from the main lobby perspective, community pool perspective and from the leisure pool perspective. Mr. Battle provided the following information. Project Budget information:  The estimate is based on the current building size of 19,031sf.  At current market value the estimated construction cost is $8,480,592  Current Estimates includes a contingency of $460,654 Project Schedule:  Anticipated Notice to Proceed – October 2015  Anticipated Construction Duration – 10 Months  Anticipated Substantial Completion – Fall 2016 Mr. Gaudreau stated the team has gone through multiple gyrations to get a project that works, is sustainable and has addressed future maintenance costs. He thinks this represents a substantial contribution to this community and delivers what was promised in the bond and maybe even exceeds it. What we are seeking from council tonight is: Is this what you want to see and do you have any changes? If you do not, then we will proceed as scheduled and come back to you in September with a guaranteed maximum price for t he project. Since this is an estimate, the next phase is the completion of the actual construction documents. At 90% completion of those papers we will get a guaranteed maximum price from Byrne. Mayor Carpenter recognized Councilmember Thompson who asked how many parking spaces we plan on adding. Mr. Gaudreau replied approximately 150 spaces and they are planning for buses to be dropping off competition participants and then parking across the street at the high school. It is an issue we are trying to deal with. Mayor Carpenter recognized Councilmember Edwards who requested management staff put this information out on the City website so that citizens can review it. Executive Director Brian James confirmed that they could get this done tomorrow. Mr. Edwards complimented the work done so far and said it was very futuristic. Mayor Carpenter recognized Councilmember Azzoz who expressed concern over the design presented tonight. He said he thinks the taxpayers voted for a ‘competition quality’ pool, not a pool that restricts them from hours and usage. He feels the school district is getting the larger pool and the citizens are getting the smaller pool. He feels the taxpayer simply wanted a ‘family pool’ where everyone could come and have some fun. He said if 8-25-2015 Minutes Page - 9 - the school wants a pool let them go build their own. Executive Director Brian James stated yes, the bond was passed for a ‘closed community swimming pool and aquatics facility of competition quality.’ A key thing in the language was that this facility wo uld be of competition quality and so we have to definitely meet that need. He pointed out that the number of students on the school(s) swim team program is far less than the number of kids in our community who are associated with the BVYA Stingrays. It is almost 300 children. So what we wanted to do with the competition pool was make it so they could use it as well. Also, they can use this facility all year round because it is indoors. Mr. Azzoz responded that residents have come and told him that they expected this to be an actual community pool where kids and family can go at any time without any restrictions. He wants to build a pool for the voters, for this city, not the school district, not the YMCA. We are already paying a lot of taxes and he is not going to let the taxpayer shoulder over $700,000 plus annual maintenance fees we will endure. Mayor Carpenter recognized Councilmember Edwards who stated we have enjoyed a great relationship with the YMCA, WellMed, and BVYA; we have done a lot of public - private partnerships already and we also share our police force with the school district. He does not see why this would be an issue. He said we are in fact planning a multi -use facility in south Schertz as a 3rd Fire Station. It will also house some police, fire and EMS staff and contain a community room. This is another great example of what we are doing with joint-use and it is a smart way to do it. Mayor Carpenter recognized Councilmember Thompson who said it boils down to the fact that no pool is a financial money maker; it is more of a quality of life amenity. Any quality of life facility is a tax liability to that city because very few make money for a city. He stated the question is how are we going to enhance the quality of life for the BVYA kids, the community kids, and the adults in the community? We would be enhancing the reputation of Schertz. Our library is a tax liability but thousands of people use it and benefit from it. That is the bottom line of why he endorses it. Mayor Carpenter recognized Councilmember Azzoz who stated it is not about other people’s quality of life, but rather the Schertz taxpayer’s quality of life. His recommendation is to build a pool for this city, for the taxpayers, residents and their children; if the school district wants to participate, let them go and build their own pool. His recommendation is to build a nice city pool and if that is not possible, then let’s scrap it—we return the bond back. Mayor Carpenter recognized Councilmember John who stated he would just like to have a copy of the plan; it looked like they covered all the bases on what we need to have, but it did look a little plain. Are there any plans to do any water features? Mr. James responded that for built features they are not planning any; however, the YMCA could possibly bring in some portable features (i.e., basketball backboard). One of the reasons we want to partner with the YMCA is so they can do fundraising and they can add to facilities and amenities. It is a straightforward functional pool. Mayor Carpenter recognized Councilmember Azzoz who asked how much money we had left for this project. Mr. Gaudreau replied approximately $5.5 million out of the original bond of $6.625 million. 8-25-2015 Minutes Page - 10 - Mayor Carpenter stated a number of the arguments against this pool were brought up prior to the election in the press. Some people were opposed to the project overall and others expected we would coordinate with the school district. A lot of the arguments were brought up before the election and the people spoke and they expect us to act on their votes. He does not believe that anyone was misled. Things were discussed well in the newspapers at that time. In a recent conversation he had with former Mayor Bueker, much the same thing happened years ago when the Cit y built the Pickrell Park pool and despite those similar arguments at that time, the facility has been used well through the years. It costs us money and the people who use it each time they show up. There are costs associated with maintaining and providing a city facility. Also, if both the City and the school district each built their own pool it would double the cost ($14-15 million); resulting in a tax increase for everyone here in the room. The overall cost would be greater than if we partnered on the project. Council and staff have worked hard over the past five years to find the solution that a) meets with the spirit and direction of the language of the bond itself, b) meets the needs of the widest number of stakeholders in this community, c) is extremely careful about spending this much of the taxpayers money. This is the single largest project that we have done with taxpayer money in the history of this city. It is imperative that we get it right and get it right the first time; he believes we have done that. In reference to Councilmember Azzoz’s earlier recommendation to scrap the project and go back to the voters, this would be a lot of time and effort wasted when the voters have already spoken. The voters went to the ballot box and did already instruct us. In fact, they had turned down two or three other bond items. He also does not hear a majority of dissention from this council this evening but rather a majority in favor of moving forward. Mayor Carpenter recognized Councilmember Thompson who stated he thinks the Mayor has correctly assessed the general direction of council to move forward. Councilmember Azzoz stated he still feels if we don’t want to scrap the project, we still should send it back to redesign a community pool for resident families. However, if the Council says go ahead, then go ahead, but not him. Mayor Carpenter offered his personal phone number of 210-452-8003 to the audience in case anyone was in opposition of the project as presented and they could call him and seek to change his mind. He will be happy to hear from every single taxpayer who opposes this project as presented tonight. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Ordinance No. 15-H-27 – Consideration and/or action approving an Ordinance amending Chapter 14 of the City of Schertz Code of Ordinances to adopt a trap, neuter, and release program and certain regulations with respect thereto; adding definitions; repealing all Ordinances or Resolutions or parts of Ordinances or Resolutions in conflict. Final Reading (M. Harris/S. Roman) ORDINANCE NO. 15-H-27 8-25-2015 Minutes Page - 11 - AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF SCHERTZ CODE OF ORDINANCES TO ADOPT A TRAP, NEUTER, AND RELEASE PROGRAM AND CERTAIN REGULATIONS WITH RESPECT THERETO; ADDING DEFINITIONS; REPEALING ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 2. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointment of Ms. Shonale Burke as Alternate No. 2 to the Library Advisory Board. (Mayor/Council/B. Dennis) 3. Resolution 15-R-75 – Consideration and/or action approving a Resolution authorizing the submitted changes to the Schertz Library Advisory Board By-Laws. (B. James/M. Uhlhorn) RESOLUTION NO. 15-R-75 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE SUBMITTED CHANGES TO THE SCHERTZ LIBRARY ADVISORY BOARD BY-LAWS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve the consent agenda items 1, 2 and 3. The vote was unanimous with Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro Tem Fowler was absent. Discussion and Action items 4. Ordinance No. 15-S-28– Conduct a public hearing and consideration and/or action approving an Ordinance upon a request to rezone 13183 IH-10 East, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). First Reading (B. James/L. Wood/B. Cox) ORDINANCE NO. 15-S-28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 34.964 ACRE TRACT OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB). Mayor Carpenter recognized Planner 1 Bryce Cox who stated what you have before you is a zoning request for 13182 IH 10 East. It is approximately a 35 acre tract located on the northeast corner of IH 10 and FM 1518. The property is currently zoned predevelopment district which is a place holder district for land that was recently annexed. The property currently contains three existing buildings and two gas pump PH 8-25-2015 Minutes Page - 12 - canopies and has the following land uses in existence today: a convenience store with gas pumps, restaurant, motel, professional office, and automobile repair major. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” on August 12, 2015. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. Staff received two (2) responses on the Notice of Public Hearing, both in favor of the request. Staff has reviewed this request for conformance with our comprehensive land use plan as well as with our future land use plan. The sector plan amendment of that comprehensive plan designates this subject property is highway commercial which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. These highway commercial areas are going to be located on our major highway intersections to maximize access to the region. It is the opinion of staff that the General Business District is the most appropriate zoning district for this tract of land and that the existing land uses of convenience stores with gas pumps, restaurants, motels and professional offices are appropriate uses for this tract of land due to its location. The Planning and Zoning Commission conducted a public hearing on August 12, 2015, and offered a recommendation of approval. Additionally staff recommends approval of Ordinance 15-S-28 to rezone the subject partial to General Business District. Mr. Cox stated that the applicant is present this evening for questions. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Mr. Glen Outlaw, 3729 Forsyth Park, who stated that according to the backup material the existing facilities that are there will end up being non -conforming uses. To him that means that they are not allowed in General Business and we are grandfathering them. His question is what happens in the future if the current owner sells the property. Is this use going to continue unless they try to do something with it or is something as simple as selling it to another owner going to force them out of that location? As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Mr. Bruce Cox who stated that in answer to Mr. Outlaw’s question all the existing uses are legal non-conforming uses because they were in existence when the property was annexed into the City. Under our predevelopment zoning district there are very few uses you can actually do; it’s state mandated such as public use, schools etc. Again, this is just a place holder district and what that means is if you vote to approve the ordinance the automobile repair major and the convenience store with gas pumps will be considered legal non-conforming. We do have rules and restrictions in the City about expansion and a variety of other things that deal with those non-conforming uses. For the most part it is going to be that you cannot expand the business any larger than it is when it was created. Additionally, if the use goes vacant for 180 days then they would lose their ability to have that use at that property. The idea is 8-25-2015 Minutes Page - 13 - that when we change zoning and we annex property we don’t displace owners; we let them know that they are stuck with what they have now; you can do some safety and structural improvements but you cannot increase the square footage of that use. Mr. James stated that if the property is sold and doesn’t shut down operation for 180 days then they can continue to operate. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Ordinance No. 15-S-28 first reading. The vote was unanimous with Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro-Tem Fowler was absent. 5. Ordinance No. 15-S-29 – Conduct a public hearing and consideration and/or action approving an Ordinance upon a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). First Reading (B. James/L. Wood/B. Cox) ORDINANCE NO. 15-S-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 0.25 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT-2 (R-2) TO MAIN STREET MIXED USE DISTRICT (MSMU). Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating the property is located at 807 Main Street from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). This property was originally built as a residential property and then converted into a commercial property. The last occupant at this property was a florist shop. This property has been vacant for some time. The challenges have been that it is zoned currently as residential. Through this process staff worked with the property owner and their request was to change the zoning from the single family residential to the Main Street Mixed Use District (MSMU). In November of 2014 an implementation of the comprehensive land plan and the work on the downtown plan, staff brought forward the new zoning district of the Main Street Mixed Use. SO in 2014 the Main Street Mixed Use district zoning was available. This is the very first request for this use. It is intended for single family mixed use with low intensity commercial land uses that allows for a greater opportunity for redevelopment of subject property and to promote growth in the main street area. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” for the August 12, 2015 for the August 25, 2015 City Council Meeting. There were fifteen (15) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. At the time of this report two (2) responses were received in favor of the request has been received. One (1) response was neutral to the request. No responses were received opposed to the request. PH 8-25-2015 Minutes Page - 14 - It was presented to the Planning and Zoning Commission on August 12, 2015, and they recommended approval. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz’s history and heritage to create a unique destination with local independent businesses, en couraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. Staff recommends approval of the rezoning application as submitted. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Maggie Titterington, 1730 Schertz Parkway, Chamber President who spoke in favor of this item. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Ordinance 15-S-29 first reading. The vote was unanimous with Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro Tem Fowler was absent. 6. Public Hearings on Proposed Budget for FY 2015-16 – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Budget. (Second required public hearings) (J. Kessel/J. Walters) Mayor Carpenter recognized Senior Budget Analyst James Walters who provided a PowerPoint presentation with the following information as well as answered questions from Council: FY 2015-16 Proposed Budget Budget Goals:  Balanced Structurally  Conservative and Responsible  Follows Financial Policies  Maintains Current Service Levels  Focuses on priorities Management Practices:  Focus on priorities – Maintain appropriate fund balance  Team Input – Departments, Council and Citizens  Forward looking – planning for future revenues and expenses, consider project schedules, 5 year forecast, long term debt model  Key City 5 Year Goals 2015 PH 8-25-2015 Minutes Page - 15 -  Building repairs  Fire Station 3  Compensation Study  Bond Election  Strategic Staffing levels  Focus on Competing existing programs  Maintain reserves Budget Highlights  Classification & Compensation study  Firefighter Ramp up Program  Fire Apparatus (Debt Service)  First year use of vehicle replacement fund – affecting general services, marshal, streets, parks and animal services  Southeast Water storage tank and distribution lines  Additional Sewer lines and lift station Upcoming Capital Projects  $15 Million in the upcoming bond election  Fire Station #3  FM Road Improvements Additional $10 Million to be issued by Council  Other roadway and infrastructure maintenance All Funds – Revenues General Fund $26,568,977 Special Events Fund 131,800 PEG Fund 252,500 Water & Sewer Fund 18,902,115 EMS Fund 7,744,797 Drainage Fund 1,380,620 Hotel Tax 593,277 Park Fund 111,229 Tree Mitigation 40,250 Capital Recovery Water 3,477,141 Capital Recovery Sewer 3,643,712 I&S Fund 6,091,375 Other Funds 360,390 SEDC 3,528,562 Grand Total $72,861,745 General Fund makes up 35%, Water & Sewer Fund 26%, EMS Fund 11%, I&S Fund 8% and the others make up the rest. All Funds – Expenses General Fund $26,180,517 Special Events Fund 131,800 8-25-2015 Minutes Page - 16 - PEG Fund 252,500 Water & Sewer Fund 18,855,871 EMS Fund 7,558,451 Drainage Fund 1,220,951 Hotel Tax 259,330 Park Fund 34,800 Tree Mitigation 27,000 Capital Recovery Water 3,477,141 Capital Recovery Sewer 3,643,712 I&S Fund 5,821,418 Other Funds 322,990 SEDC 2,659,502 Grand Total $70,450,983 General Fund makes up 37%, Water & Sewer Fund 27%, EMS fund 11%, I&S fund 8% and the others make up the rest. Fund Balance/Equity FY 2015-16 Estimated Beginning balance Net Change Budgeted Ending balance General Fund $6,911,098 $147,372 $7,058,470 Special Events Fund 73,803 -10,000 63,803 PEG Fund 493,463 -145,500 347,963 I&S Fund 733,023 269,957 1,002,980 Water & Sewer Fund 3,381,415 -453,756 2,927,659 Capital Recovery Water 5,172,348 -2,550,541 2,621,807 Capital Recovery Sewer 4,046,501 -3,077,712 968,789 Drainage Fund 1,132,963 -54,251 1,078,712 EMS Fund 975,653 186,346 1,161,999 SEDC 8,653,932 869,060 9,522,992 Hotel Tax Fund 783,780 329,872 1,113,652 Park Fund 210,958 76,429 287,387 Tree Mitigation 459,533 13,250 472,783 Library Fund 63,071 -9,960 53,111 Historical Committee 9,567 0 9,567 Parks & Rec Foundation 111,337 32,360 143,697 General Fund Revenues Property Taxes $10,252,766 Sales Taxes 7,036,724 Fees 2,486,122 Franchises 2,221,153 Fund Transfers 1,921,266 Permits 1,249,839 Inter-Jurisdictional 783,847 Miscellaneous 462,000 Other taxes 40,100 Licenses 84,160 Library Fines 31,000 Total Revenues $26,568,977 8-25-2015 Minutes Page - 17 - Property taxes make up 39%, Sales Tax 27%, Fees 9%, Franchise 8% and Fund transfers 7% all others make up the rest. General Fund Expenses General Government $ 7,057,767 Internal Service 3,795,021 Police 6,211,375 Fire Rescue 3,720,308 Inspections 693,360 Marshal Service 717,794 Streets 1,181,397 Parks & Recreation 1,350,793 Library 877,288 Animal Services 575,414 Total Expenses $26,180,517 General Government makes up 27%, Police 24%, Internal Service 14%, Fire Rescue 14% all others make up the rest. General Fund Revenues $26,568,977 Expenditures 26,180,517 Increase of Fund Balance 388,460 Beginning Fund Balance 6,911,098 Use of Vehicle replacement -241,088 Ending Fund Balance 7,058,470 25% Reserve Policy 6,501,138 M&O $0.3159 Total Change in Expenditures $150,000 New Employees $380,400 Large Expanded programs (over 10,000) $600,000 Act on Compensation Study $329,600 Continue Existing Staffing Levels & Programs $1,460,000 Total Increase $389,000 Reserve Funding M&O $0.3159 Large Expanded Programs $260,400 Vehicle Replacement $150,000 Replace Remaining SCBA’s $20,000 Expanded Election $380,400 Total Large Expanded Programs M&O $0.3159 Reserve Funding $169,000 Vehicle Replacement $25,000 A/C Replacement $25,000 Server Replacement 8-25-2015 Minutes Page - 18 - $35,000 P&Z Software $35,000 Phone System Replacement $100,000 Unassigned Fund Balance $389,000 Total Reserve Funding Sales Tax FY 2013-14 FY 2014-15 FY 2015-16 Actual Estimate Budget General Fund $7,032,044 $6,961,724 $7,036,724 -1% +1% 2015 – 5 Year Forecast FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 Revenue $25,297,719 $26,568,977 $27,576,055 $28,605,522 $29,644,059 $30,731,548 Expense $(24,668,799) $(26,180,871) $(27,549,143) $(28,547,611) $(29,793,283) $(30,529,331) Reserve Funding $628,920 $147,372 $26,911 $57,912 $(149,224) $202,217 M&O Fund Balance $6,911,098 $7,058,470 $7,092,028 $7,149,939 $7,000,716 $7,202,933 25% Goal $6,077,050 $6,501,138 $6,868,536 $7,136,903 $7,448,321 $7,632,333 Over/Under $834,049 $557,332 $216,846 $6,391 $(454,251) $(436,046) 5 Year Summary – I&S Fund  At I&S Rate of $0.1752:  Includes $15 million bond package from elections in 2015  Includes additional CO Bonds for infrastructure  The lowest fund balance is $149,811 in FY 2017/18  Rate could fluctuate based on the actual growth of the tax base and the results from the bond election but at a reduced rate due to the model Change Memo  Add 3 new Crossing Guards  Made adjustments to act on Year 1 of the Classification study recommendations  Updated Parks and Pools in the General fund for a full year Director Funding in place of the pool liner  The pool liner funding will come out of the current year budget  IT in the General Fund will increase for additional cable costs  Updated Water & Sewer Fund projects -Will now only budget for the next phase of Northcliffe waterline replacement Change Memo 2  EMS -1: Adjust Personnel Budget for Year 1 Implementation of the Class & Comp Study recommendation -2: New Training Coordinator position added 8-25-2015 Minutes Page - 19 -  Library Board  Purchase additional library materials A copy of the proposed FY2015-16 Budget can also be found online at www.schertz.com. A paper copy is available for viewing in the City Secretary’s office and at the Schertz Library. Mayor Carpenter opened the public hearing and recognized the following who spoke:  Mr. Glen Outlaw, 3729 Forsyth Park, who stated that this was the third or fourth time he has seen the presentation. For the most part he believes it is a good balanced budget. A couple of things that occurred to him tonight: (1) Change Memo #2; as a resident he hasn’t been able to see any changes to the material. Are we going to see more change memos next week? At some point he believes we need to close the door and the budget is the budget. His other comment is when we look at the fund balance that is projected at the end of this fiscal year to be over $800,000 over our minimum floor, next year we are projecting over $550,000. Mr. Walters, in his presentation, explained that $389,000 of that we are saving for programs so that we do not get hit with that big charge. He is concerned about the unassigned $100,000 that we are going to put in the fund balance. There have been a lot of hard feelings over the last few years that the cit y’s primary focus at the expense of everything else has been rebuilding the fund balance. We are short on employees. We have been short on compensation. He gave examples of shortages when people are either out sick or out on vacation. He has personal knowledge of city staffing and that is that every department is short and needs more people. He understood that the Council’s priority in years past was to rebuild that fund balance. Now it is rebuilt and we are still ignoring the needs of the city in order to put extra money, unassigned, into that fund balance. He is not sure why they continue to do that.  Mr. Richard Dziewit, 2550 Chasefield Drive, who first commended Mr. Walters on his presentation and the ability to take a look at it and see what is going on in the budget. He stated that he has done an excellent job. His biggest concern and he is looking at it in the same aspect as Mr. Outlaw is too, and that has to do with core structure. He has also spoken to several individuals in the city. First, it has taken a long time since we first began the Evergreen Study to be able to find a compensation method for all the employees and it still isn’t correct. There is a lot more work to do. One of the biggest things that he finds is if he can hear it why aren’t the people that are in responsible positions hearing or listening to those people. We are losing people and we know that we are not gaining. We are gaining citizens within the City, but we are not going to supply the people within the City to be the ones to assist those citizens. The core structure is probably the most important thing to get done. Secondly, he looks at what is happening in the South Schertz district. We have been talking about a Fire Station/Public Safety Facility down in that area for a long time now. Again, we have gotten to the 8-25-2015 Minutes Page - 20 - point of where we are not listening. We are waiting too long to get this stuff done, and people are hurting in that area. Take a look at what it takes for those to get any service, twenty-five minutes approximately. Even with the assistance from Converse, it takes approximately twenty-five minutes for a response. He is looking at these type of things based upon the type of budget we have. We need to get people in here. We need to take a look at the people we have and maybe that is one aspect we have not done. Maybe these individuals need to be advanced. Maybe they need to be trained more so that they can advance within their group. We need to have all the facilities covered.  Dr. Irene Petrisky, 1117 Twin Lane, who made reference to the change memos on the budget. She previously had attended one of the community budget sessions and her main concern is for hiring and retaining an adequate number of first responders not spending thousands of dollars on a new pool and future pool maintenance. Back in 2010, she voted favorably for the bond supporting the design and construction of a new community pool because she was led to believe it was for one new community pool since the Pickrell Park pool was getting old. She alleged that back then the Schertz taxpayers were not told of any intent to include the local school district in the project. Just like now, change memos are coming up changing the proposed 2015-16 budget. Back in 2010 the residents voted for one pool. When she sees first responders being shortchanged and members of the City of Schertz are not getting access to city services timely, a pool is not a priority. This evening there were presentations from some of our first responders showing us how they have saved the city money in the past couple of years and are also busy seeking out grant money for our city. The actual cost of this proposed pool project is costing more now than what they had voted for back in 2010. Parking and enough room are also issues. At this time she would rather see taxpayer dollars be spent to adequately compensate our hired first responder staff members. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Azzoz who commended Mr. Walters on the presentation and the work on the budget. Councilmember Azzoz asked questions regarding the budget costs of the pools ($308,000). Mr. Walters stated it was a combination of maintenance and staffing. Mr. Azzoz asked if it would be over $1 million next year with the addition of the new proposed aquatic facility. Mr. Walters said that the Pickrell Park and Northcliffe pools account for about $250,000 of annual maintenance and he estimates it will be another $480,000 to staff and maintain the aquatic center. Councilmember Azzoz also asked if this was the last change memo. Mr. Walters answered we could get another one next week as we have updates coming from Evergreen Solutions on the classification and compensation study recommendation and we should be getting the final health insurance cost estimates later this week as well which could or could not affect the budget. 8-25-2015 Minutes Page - 21 - Ordinance No. 15-T-30 - City of Schertz FY 2015-16 Budget - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Budget. First Reading (J. Kessel/J. Walters) ORDINANCE NO. 15-T-30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance 15-T-30 first reading. The vote was unanimous with Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro Tem Fowler was absent. 7. Public Hearings on Proposed Tax Rate – Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2015-16 Tax Rate. (Second required public hearings) (J. Kessel/J. Walters) Mayor Carpenter recognized Senior Budget Analyst who provided a PowerPoint presentation with the following information as well as answered questions from Council: Mr. Walters showed a slide of the 2015 Property Taxes. 0.00 0.50 1.00 1.50 2.00 2.50 3.00 Guadalupe Comal Bexar SA River Auth Univ Health System Road College County School City of Schertz Tax Rate: PH 8-25-2015 Minutes Page - 22 - Effective: The tax rate which, on average, will keep the tax bill the same as in 2013. Rollback: The rate if exceeded allows citizens to initiate a rollback election. The results of this election can reduce the adopted tax rate back to the rollback rate. Current: The rate currently adopted by the City. Proposed Max: The maximum rate set at which the final adopted rate cannot exceed. City Tax Rate Effective: $0.4664 Rollback: $0.4912 Current: $0.4974 Proposed Max: $0.4911 Proposed budget is balanced at this rate. $0.01 is equal to $302,980 revenue or $18.53 on the average home. Target Tax Rate Tax Rate Current Proposed Maximum M&O $0.3164 $0.3159 For day to day operations I&S $0.1810 $0.1752 To pay the City’s Debt Total $0.4974 $0.4911 FY2015-16 City Tax Rate At $0.4911 2014 Tax Bill = $866.47 Avg Home Value $174,200 2015 Tax Bill = $909.52 Avg Home Value $185,200 Increase =$ 43.05 2014 Tax Bill = $497.40 Home Value of $100,000 2015 Tax Bill = $491.10 Home Value of $100,000 Decrease = $-6.30 Mr. Walters provided a slide of the historic tax rates stating that back in 2005 the total tax rate was .3977 and in 2015 a proposed maximum of .4911. The orange bars beneath M&O 8-25-2015 Minutes Page - 23 - Mr. Walters provided the following budget calendar FY2015-16: August 18 First Public Hearing August 25 Second Public Hearing, First Vote September 1 Third Public Hearing, Second Vote October 1 Budget goes into effect Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. As there were no Council comments Mayor Carpenter called for the motion and read the following: Ordinance No. 15-T-31 – Tax Rate for Fiscal Year 2015-16 - Consideration and/or action approving an Ordinance on the proposed FY 2015-16 Tax Rate. First Reading (J. Kessel/J. Walters) ORDINANCE NO. 15-T-31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Councilmember Thompson who moved that property taxes be increased by the adoption of a tax rate of $0.4911, which is effectively a 5.25% increase in the tax rate, thereby approving Ordinance 15 -T-31 first reading. The motion was seconded by Councilmember Edwards. The vote was unanimous with Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Pro Tem Fowler was absent. 8-25-2015 Minutes Page - 24 - Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call vote information for agenda items 1 through 7. Executive Session Mayor Carpenter recessed the regular meeting at 8:51 p.m. into Executive Session under the following sections: 8. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. 9. City Council will meet in closed session under section 551.074 Evaluations of the City Secretary and Deputy City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:37 p.m. 8a. Take any necessary action based on discussions held in closed session under Agenda Item number 8 including possible increase in salary. No action taken. 9a. Take any necessary action based on discussions held in closed session under Agenda Item number 9 including possible increase in salary. No action taken. Requests and Announcements 10. Announcements by City Manager  Citizen Kudos  Recognition of City employee actions  New Departmental initiatives No further announcements were provided. 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter requested that both executive session items from tonight be placed back on the next agenda. 12. Announcements by Mayor and Councilmembers 8-25-2015 Minutes Page - 25 -  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 No announcements were provided. Adjournment Meeting was adjourned at 9:40 p.m. __________________________ Michael Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Development Services Subject: Ordinance No. 15-S-28 – Conduct a public hearing to consider and act on a request to rezone 13183 IH-10 E, approximately 35 acres of land, from Predevelopment District (PRE) to General Business District (GB). (Final Reading) BACKGROUND NAJDS Property Investments Inc.is requesting to rezone approximately 35 acres of land from Predevelopment District (PRE) to General Business District (GB). The property is located at 13183 IH 10 East, at the corner of IH 10 and FM 1518. The site contains three (3) existing buildings and two (2) gas pump canopies. The following land uses are existing on this property; a convenience store with gas pumps, restaurant, motel, professional office, and automobile repair major. This property was annexed on July 20, 2010 by Ordinance 10-A-20 where it received its current zoning designation of Predevelopment District (PRE). The Predevelopment District (PRE) zoning is intended as a temporary designation for newly annexed property. General Business District (GB) is intended to provide suitable area for the development of non-residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” on August 12, 2015. Four (4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. Staff received two (2) responses on the Notice of Public Hearing, both in favor of the request. No responses were received neutral to or opposed to the request. City Council approved this on first reading at their meeting of August 25, 2015. Goal The property owner, NAJDS Property Investments Inc., is requesting to rezone approximately 35 acres of land to General Business District (GB). City Council Memorandum Page 2 Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Sector Plan amendment to the Comprehensive Land Plan designates the subject property for Highway Commercial which is intended for regional scale retail and commercial uses that can take advantage of the highway frontage. Highway Commercial areas are located at major highway intersections to maximize access to the region.  Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for continued commercial development along IH- 10.  Impact of Infrastructure: The proposed rezoning request will have a minimal impact on the existing water and wastewater systems.  Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services.  Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land. The requested General Business District (GB) zoning is compatible with the surrounding land uses. It is the opinion of Staff that the General Business District (GB) is the most appropriate zoning district for this tract of land. The existing land uses of convenience store with gas pumps, restaurant, motel, and professional office at this location appear to be appropriate uses for this tract of land due to its location on IH 10. If the rezoning is granted, the land uses of restaurant, motel and professional office will be considered existing conforming uses, and the land uses of automobile repair major and convenience store with gas pumps will be considered existing nonconforming uses and subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and Structures. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 12, 2015 and offered a recommendation of approval by a unanimous vote. City Council Memorandum Page 3 Staff recommends approval of Ordinance 15-S-28 to rezone the subject property to General Business District (GB) on final reading. ATTACHMENT Ordinance No. 15-S-28 ORDINANCE NO. 15-S-28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 34.964 ACRE TRACT OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB). WHEREAS, an application to rezone approximately 34.964 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.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 zone change (the “Conditions”); and WHEREAS, on August 12, 2015, the Planning and Zoning Commission conducted a public hearing and, after considering the proposed request made a recommendation of approval of the rezoning; and WHEREAS, on August 25, 2015 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 be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned General Business District (GB). 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 25th day of August, 2015. PASSED, APPROVED AND ADOPTED on final reading the 1st day of September, 2015. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A “The Property” Exhibit B “The Property” Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Development Services Subject: Ordinance No. 15-S-29 – Conduct a public hearing to consider and act on a request to rezone 807 Main Street, approximately 0.25 acres of land, from Single-Family Residential District – 2 (R-2) to Main Street Mixed Use District (MSMU). (Final Reading) BACKGROUND The property owner, Gary Pierce is proposing to rezone the approximately .25 acre tract of land located at 807 Main Street from Single-Family Residential District-2 (R-2) to Main Street Mixed Use District (MSMU). The property contains an existing 2,500 square foot building that was originaly constructed as a single family residence and later converted into a commercial structure. The last occupant at this property was a florist shop. The zoning district of Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that which allows for a greater opportunity for redevelopment of subject property. The public hearing notice was published in “The Daily Commercial Recorder” on August 5, 2015 and the “Herald” for the August 12, 2015 for the August 25, 2015 City Council Meeting. There were fifteen (15) notices mailed to surrounding property owners within two hundred (200) feet of the subject property on July 29, 2015. At the time of this report two (2) responses were received in favor of the request has been received. One (1) response was neutral to the request. No responses were received opposed to the request. City Council approved this on first reading at their meeting of August 25, 2015. Goal Gary Pierce is requesting to rezone the approximate 0.25 acre tract of land at 807 Main Street to Main Street Mixed Use District (MSMU). City Council Memorandum Page 2 Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic Downtown Schertz which is intended to leverage Schertz’s history and heritage to create a unique destination with local independent businesses, encouraging the use of existing buildings. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan and compatible with the surrounding land uses. The Main Street Mixed Use District (MSMU) allows for single family residential and low intensity commercial land uses that allow for greater opportunity for redevelopment of the subject property. The structure was originally built as a single family residence and was later converted into a commercial structure. The property has been vacant for several years with the last occupant being a florist shop. The Main Street Mixed Use District (MSMU) was created to help achieve these objectives. The Main Street Mixed Use District (MSMU) is intended to provide a base zoning district to the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single-family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical constraints.  Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change will provide for either single family or low intensity commercial occupancy at 807 Main Street.  Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems.  Impact of Public Facilities/Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services.  Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by commercial, multi-family and single family land uses. The Main Street Mixed Use District (MSMU) will allow for either low intensity commercial or single-family residential. Based on the Comprehensive Land Use Plan and surrounding land uses, it is the opinion of Staff that the Main Street Mixed Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff recommends approval of the rezoning application as submitted. City Council Memorandum Page 3 FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on August 12, 2015 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 15-S-29 to zone the subject property from Single- Family Residential District – 2 (R-2) to Main Street Mixed Use District (MSMU) on final reading. ATTACHMENT Ordinance No. 15-S-29 ORDINANCE NO. 15-S-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 0.25 ACRE TRACT OF LAND FROM SINGLE FAMILY RESIDENTIAL DISTRICT-2 (R-2) TO MAIN STREET MIXED USE DISTRICT (MSMU). WHEREAS, an application to rezone approximately 0.25 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.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 zone change (the “Conditions”); and WHEREAS, on August 12, 2015, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, made a recommendation to approve the requested rezoning; and WHEREAS, on August 25, 2015 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 be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and depicted in Exhibit B, is hereby zoned Main Street Mixed Use District (MSMU). 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 25th day of August, 2015. PASSED, APPROVED AND ADOPTED on final reading the 1st day of September, 2015. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A “The Property” Exhibit B “The Property” Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Purchasing/Finance/IT Subject: Resolution No. 15-R-77 - A Resolution by the City Council of the City of Schertz to authorize expenditures with CDW-G totaling no more than $60,000 for technological and electronic equipment for various and unrelated City projects during the remainder of the 2014-15 Fiscal Year and other matters in connection therewith BACKGROUND The IT Department has identified a need, and has budgeted funds, to purchase network switches. Switches are used to connect computers, printers and servers within a building or campus. A switch serves as a controller, enabling networked devices to talk to each other efficiently. Through information sharing and resource allocation, switches save employers money and increase employee productivity. The IT Department worked with Purchasing to solicit price estimates and received responses from four vendors. Estimates were received from CDW-G (CDW), Southern Computer Warehouse, 3-C Technology, and NetSync. CDW-G provided the low bid at $32,600 for all requested switches, transceivers and cables. Multiple City departments have been utilizing CDW to purchase technological and electronic equipment for various and unrelated City projects. Projects include upgrades of existing computers, purchase of new computers, purchase of hardware storage and memory, and other related equipment. Total expenditures to-date for CDW is approximately $17,000, with an additional $4,900 encumbered. Once the outstanding purchases are received and funds dispersed, total expenditures to-date will be approximately $22,000. The City’s Purchasing Policy, adopted and approved by City Council by Resolution 11-R-41 outlines the need for City Council approval for any single or aggregate expenditure over $50,000 in one fiscal year with one vendor. Both Purchasing and IT recommended acceptance of CDW’s low bid. However, with acceptance of the bid, the City would exceed $50,000 with this vendor. To-date expenditures, outstanding purchases and the proposed switch purchase would equal approximately $55,000. Thus, staff requests Council authorization to accept CDW’s bid, and to spend up to $60,000 with this vendor in fiscal year 2014- 15. IT staff does not anticipate any additional purchases with CDW this fiscal year. However, because multiple departments are purchasing from this vendor for separate and unrelated items, staff’s request does include a buffer of $5,000. FISCAL IMPACT Up to $60,000 could be spent with CDW-G for 2014-15 Fiscal Year. Costs associated with the expenditures for CDW-G will be paid with budgeted and available funds. RECOMMENDATION Staff recommends Council approve Resolution 15-R-77, authorizing the expenditure of up to $60,000 with CDW-G for technological and electronic equipment for various and unrelated City projects during the remainder of the 2014-15 Fiscal Year. ATTACHMENTS Resolution 15-R-77 RESOLUTION NO. 15-R-77 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO AUTHORIZE EXPENDITURES WITH CDW-G TOTALING NO MORE THAN $60,000 FOR TECHNOLOGICAL AND ELECTRONIC EQUIPMENT FOR VARIOUS AND UNRELATED CITY PROJECTS DURING THE REMAINDER OF THE 2014-15 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) IT Department needs to purchase network switches to connect computers, printers and servers within a building or campus; and WHEREAS, in accordance with Chapter 252 of the Local Government Code, City staff solicited written price quotes from qualified vendors, and the low bid was provided by CDW-G; and WHEREAS, the total amount of the various separate and unrelated purchases for technological and electronic equipment that the City has expended with CDW-G during the 2014-15 fiscal year to-date is approximately $22,000; and WHEREAS, staff recommends acceptance of the low bid of approximately $33,000 for network switches; and WHEREAS, the City’s Purchasing Policy, adopted and approved by the City Council of the City (the “City Council”) pursuant to Resolution No. 11-R-41, outlines the need for City Council approval for any single or aggregate expenditure over $50,000 in one fiscal year with one vendor; and WHEREAS, staff requests that City Council authorize expenditures with CDW-G for technological and electronic equipment for projects in an amount not to exceed $60,000 for the remainder of Fiscal Year 2014-15. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures with CDW-G for technological and electronic equipment for various and unrelated City projects with expenditures not to exceed $60,000 for the remainder of Fiscal Year 2014-15. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. - 2 - Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 1st day of September 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Finance Subject: Public Hearing – Fiscal Year 2015-16 Budget and Second and Final Reading of Ordinance No. 15-T-30 BACKGROUND In accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration. The City Council held public hearings for the Proposed Budget on August 18th, 2015, August 25th, 2015, and September 1st, 2015, including the budget of the Schertz Economic Development Corporation. FISCAL IMPACT General Fund $26,180,517 Special Events Fund $ 131,800 PEG Fund $ 252,500 Water & Sewer Fund $18,855,871 EMS Fund $ 7,558,451 Drainage Fund $ 1,220,951 Hotel Tax Fund $ 259,330 Park Fund $ 34,800 Tree Mitigation $ 27,000 Capital Recovery-Water $ 3,477,141 Capital Recovery-Sewer $ 3,643,712 Tax I&S Fund $ 5,821,418 Library Fund $ 33,000 Historical Committee $ 11,010 Parks & Recreation Foundation $ 283,980 SEDC $ 2,659,502 Total $70,450,983 RECOMMENDATION Staff recommends that the City Council approve second and final reading of Ordinance No. 15- T-30, adopting the budget for the fiscal year beginning October 1, 2015 and ending September 30, 2016. ATTACHMENT Ordinance No. 15-T-30 ORDINANCE NO. 15-T-30 AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Manager of the City of Schertz submitted a budget proposal to the City Council prior to the beginning of the fiscal year, and in said budget proposal set forth the estimated revenues and expenditures and made the detailed classification as required by the City Charter of the City of Schertz, Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of a budget contained in the City Charter have been in all things complied with; and WHEREAS, a Public Hearing was held by the City Council of the City of Schertz, Texas on the 18th day of August, 2015, on the 25th day of August, 2015, and on the 1st day of September, 2015; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the budget should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The budget of the expenditures of the City of Schertz for the ensuing fiscal year beginning October 1, 2015, and ending September 30, 2016, as modified by the City Council, be, and the same is, in all things, adopted and approved as the said City of Schertz budget for the Fiscal Year beginning the first day of October, 2015, and ending the thirtieth day of September, 2016. SECTION 2. The sums below are hereby appropriated from the respective funds for the payment of expenditures on behalf of the City government as established in the approved budget document: 2015-2016 Budget General Fund $26,180,517 Special Events Fund $ 131,800 PEG Fund $ 252,500 Water & Sewer Fund $18,855,871 EMS Fund $ 7,558,451 Drainage Fund $ 1,220,951 Hotel Tax Fund $ 259,330 Park Fund $ 34,800 Tree Mitigation $ 27,000 Capital Recovery-Water $ 3,477,141 Capital Recovery-Sewer $ 3,643,712 Tax I&S Fund $ 5,821,418 Library Fund $ 33,000 Historical Committee $ 11,010 Parks & Recreation Foundation $ 283,980 SEDC $ 2,659,502 Total $70,450,983 SECTION 3. A true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, shall be filed with the City Secretary. In addition, the City Manager is hereby directed to file or cause to be filed a true and correct copy of this ordinance along with the approved budget attached hereto, and any amendments thereto, in the office of the County Clerk of Guadalupe, Comal, and Bexar Counties, Texas, as required by law. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Schertz, Texas (2006), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. This ordinance shall be in full force and effect from and after its final passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS 25th DAY OF AUGUST 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 1st DAY OF SEPTEMBER 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ City Attorney Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Finance Subject: Public Hearing and Second Reading Ordinance No. 15-T-31 - FY 2015-16 Tax Rate BACKGROUND In accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed tax rate. At the August 4th, 2015 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4911 per $100 of value. The proposed rate is not subject to rollback. The first required public hearing was conducted at the August 18th regular session and the second required public hearing was conducted at the August 25th regular session. FISCAL IMPACT The Property Tax Rate is $0.4911 per $100 valuation. The M&O portion of the tax rate will decrease to $0.3159 per $100 valuation. The I&S portion will decrease to $0.1752. RECOMMENDATION Staff recommends that the City Council approve Ordinance No. 15-T-31 approving the Fiscal Year 2015-16 Proposed Tax Rate on the second and final reading. The motion is “I move that property taxes be increased by the adoption of a tax rate of $0.4911, which is effectively a 5.25% increase in the tax rate.” ATTACHMENT Ordinance No. 15-T-31 ORDINANCE NO. 15-T-31 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Schertz submitted a tax rate proposal to the City Council prior to the beginning of the fiscal year, and in said tax rate proposal set forth the estimated necessary tax rate required to provide adequate revenues for the general use and support of the Municipal Government of the City of Schertz Texas; and WHEREAS, the City Council finds that all provisions pertaining to the adoption of an ad valorem tax rate have been in all things complied with; and WHEREAS, a Public hearing was held by the City Council of the City of Schertz on the 18th day of August, 2015, a second Public Hearing was held on the 25th day of August 2015 and a third Public Hearing was held on the 1st day of September 2015; and WHEREAS, after a full and final consideration, the City Council is of the opinion that the tax rate and ad valorem tax appraisal roll should be approved and adopted; and WHEREAS, the taxes have been levied in accordance with the adopted 2015-16 budget as required by state law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1. The ad valorem tax appraisal roll and effective tax rate information as presented by the tax assessor for the tax year 2015, be and is hereby in all things approved and adopted. SECTION 2. This tax rate will raise more taxes for Maintenance and Operations than last year’s tax rate. SECTION 3. This tax rate will raise taxes for Maintenance and Operations on the average Home by approximately $43. SECTION 4. There is hereby levied and assessed and there shall be collected for the tax year 2015 for the general use and support of the Municipal Government of the City of Schertz, Texas a total ad valorem tax of Forty-Nine Eleven Cents ($0.4911) on each One Hundred Dollars ($100.00) of valuation of property – real and personal – within the corporate limits of the City of Schertz, Texas, subject to taxation. The assessment ratio shall be One Hundred percent (100%). SECTION 5. The City Council of the City of Schertz, Texas, does hereby levy or adopt the tax rate on $100.00 valuation for this city for tax year 2015 as follows: 1. 0.3159 for the purpose of maintenance and operation 1. 0.1752 for the payment of principal and interest on debt 2. 0.4911 total tax rate SECTION 6. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 8. Ad valorem taxes for the year are due and payable on October 1, 2015 and shall become delinquent after January 31, 2016. A delinquent tax shall incur all penalty and interest authorized by state law, Section 33.01 of the Property Tax Code. Taxes that remain delinquent on and after July 1, 2016, incur an additional penalty of 15% of the amount of the taxes, penalty and interest due, such additional penalty to defray the cost of collection as authorized in Section 6.30 of the Property Tax Code. The City shall have available all rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. SECTION 9. Taxes are payable at the office of the counties of Comal, Bexar and Guadalupe. PASSED AND APPROVED ON FIRST READING THIS 25th DAY OF AUGUST 2015. ___________________________ Michael Carpenter, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary PASSED AND APPROVED ON SECOND READING THIS 1st DAY OF SEPTEMBER 2015. ____________________________ Michael Carpenter, Mayor ATTEST: ____________________________ Brenda Dennis, City Secretary Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 1, 2015 Department: Mayor/Council Subject: Ordinance No. 15-M-32 - A Ordinance by the City Council of the City of Schertz amending the City of Schertz Code of Ordinances regarding City Council meeting dates. First Reading BACKGROUND Section 4.09(c) of the City Charter of the City of Schertz, Texas provides that the City Council shall meet at least once each month at a time and place prescribed by Ordinance. Section 2.2 of the Code of Ordinances establishes the time and place for Council meetings. The City Council over the years has amended this section, most recently in 2010, when they approved Ordinance 10-M-27. Currently meetings are set on each of the first four Tuesdays of the month at 6:00 p.m., provided that the City Council by motion or resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of the City Council is conducted each month. The Ordinance also states that regular meetings of the City Council shall commence at 6:00 p.m., and that the regular meetings shall be held at the City Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the City Council may be conducted in joint session with another governmental body commencing at a different time and/or at another location in the City of Schertz as designated by posed written notice of the City Secretary. On August 4, 2015, a request was made by Councilmember Thompson, to place an item on the next agenda for discussion and possible action regarding moving to three Council meetings per month. At the Council meeting of August 11, 2015, Council discussed the matter and tasked staff to come up with a meeting schedule and a plan for implementation once finalized. Senior staff met and is recommending the three meetings should be held on the first, second and fourth Tuesdays of each month. If needed, Council would still have the discretion to call a meeting on the third Tuesday. This schedule seems to limit the number of occurrences where there is a two week gap between meetings. City staff will provide notice of the change of meeting dates on the front page of the City’s website, through notice in the Schertz Magazine and other media outlets the City of Schertz utilizes such as notice in water bills, electronic sign. FISCAL IMPACT There is no known fiscal impact for the City. RECOMMENDATION Staff recommends Council approving Ordinance No. 15-M-32 on first reading. ATTACHMENTS: Ordinance No. 15-M-32 ORDINANCE NO. 15-M-32 AN ORDINANCE AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES ESTABLISHING THE DATES OF CITY COUNCIL MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. WHEREAS, Section 4.09(a) of the City Charter of the City of Schertz, Texas (the “City”) provides in part that the “City Council shall meet at least once each month at a time and place prescribed by ordinance”; and WHEREAS, Section 2-2(a) of the City’s Code of Ordinances, sets the days, times, and places of regular meetings of the City Council; and WHEREAS, City Council hereby finds and determines that it is appropriated to change the dates of regular meetings of the City Council. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Time and Place of Regular Council Meetings. Section 2-2(a) of the Code of Ordinances is hereby amended to read as follows: “(a) Regular meetings of the City Council shall be held on the first, second and fourth Tuesdays of each month, provided that the City Council by motion or resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of City Council is conducted each month. Regular meetings of the City Council shall commence at 6:00 p.m. Regular meetings of the City Council shall be held at the City Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the City Council may be conducted at a different time and/or at another location in the City of Schertz as designated by posted written notice of the City Secretary.” Section 2. Effective Date. This Ordinance shall be effective on the 30th day of September, 2015. 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, 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. Ordinance No. 15-M-XX - 2 - 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the ___ day of _______________, 2015. PASSED, APPROVED and ADOPTED on second reading this the ___ day of _________, 2015. APPROVED: ________________________ Mayor, Michael R. Carpenter ATTEST: ______________________________ City Secretary, Brenda Dennis APPROVED AS TO FORM: ______________________________ City Attorney 3009 Sidewalk Project Update In 2014, TxDOT applied to the Alamo Area Metropolitan Planning Organization for funding for sidewalk construction along FM 3009, generally from IH-35 to FM 78. Funding in the amount of $2.9 million was approved. It was originally scheduled for construction in FY 2017. TxDOT, who is managing the project, contracted with the engineering firm of Cobb Fendley for the design. TxDOT has been able to move the project schedule up and was able to let the project earlier this year. A construction contract was awarded to Dan Williams Company for $3.24 million (additional funding has been approved). TxDOT has indicated construction is anticipated to begin after the beginning of 2016. It is our understanding from TxDOT that they will be constructing sidewalks on one side first and then constructing them on the other side. We will provide updates if TxDOT informs us they are making significant changes to the scope and timing of their project.