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12-01-2009 Agenda ÍÝØÛÎÌÆ Ý×ÌÇ ÝÑËÒÝ×Ô ÎÛÙËÔßÎ ÍÛÍÍ×ÑÒ ÓËÒ×Ý×ÐßÔ ÝÑÓÐÔÛÈ ÝÑËÒÝ×Ô ÝØßÓÞÛÎÍ ïìðð ÍÝØÛÎÌÆ ÐßÎÕÉßÇ ÞË×ÔÜ×ÒÙ ýì ÍÝØÛÎÌÆô ÌÛÈßÍ éèïëì ßÙÛÒÜß ÌËÛÍÜßÇô ÜÛÝÛÓÞÛÎ ïô îððç ¿¬ ëæìë °ò³ò ëæìë ÐòÓ ÌÎÛÛ Ô×ÙØÌ×ÒÙ ÝÛÎÛÓÑÒÇ Ý±«²½·´ Ó»»¬·²¹ ¬± º±´´±© Ì®»» Ô·¹¸¬·²¹ Ý»®»³±²§ ÎÛÙËÔßÎ ÍÛÍÍ×ÑÒ Ý¿´´ ¬± Ñ®¼»® ×²ª±½¿¬·±² ¿²¼ Ð´»¼¹» ±º ß´´»¹·¿²½» ¬± ¬¸» Ú´¿¹ ±º ¬¸» Ë²·¬»¼ Í¬¿¬» ¿²¼ Í¬¿¬» ±º Ì»¨¿ò Ø»¿®·²¹ ±º Î»·¼»²¬ 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 5 minutes. 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. Ü·½«·±² ¿²¼ñ±® ß½¬·±² ×¬»³ 1.Ó·²«¬»- Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 24, 2009. 2.Ñ®¼·²¿²½» Ò±ò ðçóÓóìê? Consideration and/or action approving an ordinance of the City of Schertz, Texas amending the Code of Ordinances of the City by deleting Final Reading Chapter 2, Article II, Citizens Advisory Committee. (M. Spain) 3.Ñ®¼·²¿²½» Ò±ò ðçóÜóìé? Consideration and/or action approving an ordinance Final Reading amending the speed limit on Doerr Lane to 35 mph. (L. Dublin) 4.Ý·¬§ ±º Í½¸»®¬¦ Í©»»¬¸»¿®¬ Ý±³³·¬¬»»? Discussion and possible action regarding appointment of the City of Schertz Sweetheart Committee Members. (E. Matlock) ïîóðïóðç Ý±«²½·´ ß¹»²¼¿ 5.ß²²»¨¿¬·±²? Conduct a public hearing by the City Council of the City of Schertz, Texas Relating to the Annexationof approximately 186.55 acres known as Crescent Bend Park, located North of Schaefer Road and East of the Lost Meadows Subdivision. (D. Harris/M. Sanchez) 6.ß²²»¨¿¬·±² ó Conduct a Public Hearing by the City Council of the City of Schertz, Texas relating to the Annexation of the Cibolo Creek Municipal Authority properties of approximately 310.04 acres located West of and adjacent to Crescent Bend Park and West Lost Meadows Subdivision and North of Schaefer Road. (D. Harris/M. Sanchez) ÛÈÛÝËÌ×ÊÛ ÍÛÍÍ×ÑÒ Ý¿´´»¼ «²¼»® Í»½¬·±² ëëïòðéï Ì»¨¿ Ù±ª»®²³»²¬ Ý±¼» Ô·¬·¹¿¬·±²ô °»²¼·²¹ ´·¬·¹¿¬·±²å Í»½¬·±² ëëïòðéî Ì»¨¿ Ù±ª»®²³»²¬ Ý±¼» ó Ü»´·¾»®¿¬·±² ®»¹¿®¼·²¹ ¬¸» °«®½¸¿»ô »¨½¸¿²¹»ô ¿´»ô ´»¿»ô ±® ª¿´«» ±º ®»¿´ °®±°»®¬§ò ÎÛÝÑÒÊÛÒÛ ÌÑ ÎÛÙËÔßÎ ÍÛÍÍ×ÑÒ 7. Take any action deemed necessary as a result of the Executive Session. Î»¯«»¬ ¿²¼ ß²²±«²½»³»²¬ 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 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. Announcements by City Manager Recognition of City employee actions New Departmental initiatives ß¼¶±«®²³»²¬ ÝÛÎÌ×Ú×ÝßÌ×ÑÒ I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 25th DAY OF NOVEMBER 2009 AT 12:00 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. ïîóðïóðç Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó î ó ûËØÏÙÜùØÏÏÔÊ BRENDA DENNIS, TRMC, CMC CITY SECRETARY × ÝÛÎÌ×ÚÇ ÌØßÌ ÌØÛ ßÌÌßÝØÛÜ ÒÑÌ×ÝÛ ßÒÜ ßÙÛÒÜß ÑÚ ×ÌÛÓÍ ÌÑ ÞÛ ÝÑÒÍ×ÜÛÎÛÜ ÞÇ ÌØÛ Ý×ÌÇ ÝÑËÒÝ×Ô ÉßÍ ÎÛÓÑÊÛÜ ÞÇ ÓÛ ÚÎÑÓ ÌØÛ ÑÚÚ×Ý×ßÔ ÞËÔÔÛÌ×Ò ÞÑßÎÜ ÑÒ ÁÁÁÁÁÜßÇ ÑÚ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁô îððçò ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÌ·¬´»æÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Ó¿§±® Þ¿´¼©·² ÌÞß Interview Board for Boards and Commissions Investment Advisory Committee Investment Advisory Committee Audit Committee ASA Commuter Rail District Board Interview Board for Boards and Commissions AACOG Advisory Committee AACOG Economic Development TML Municipal Revenue & Taxation Committee Ó¿§±® Ð®±óÌ»³ Ú±©´»®Ý±«²½·´³»³¾»® Ý¿®°»²¬»® Interview Board for Boards and Commissions TIRZ II Board Hal Baldwin Scholarship Committee Ý±«²½·´³»³¾»® Í½¿¹´·±´¿Ý±«²½·´³»³¾»® Ì®¿§¸¿² Animal Control Advisory Committee Audit Committee Interview Board for Boards and Commissions Hal Baldwin Scholarship Committee ïîóðïóðç Ý·¬§ Ý±«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2009 Department: City Secretary Subject: Minutes BACKGROUND On November 24, 2009 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the November 24, 2009 minutes. ATTACHMENT Minutes 11-24-09 MINUTES REGULAR MEETING November 24, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 24, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. RECOGNITION Firefighter of the Year award - Fire Apparatus Operator, Mack Melancon Recognition to Lieutenant Carl Berghofer Mayor Baldwin recognized Fire Chief David Covington who introduced Fire Apparatus Operator Mr. Melancon (Mack) who received the Firefighter of the year award. Chief Covington stated that they say that when you come up with something new and progressive for your department, there is usually ten other people who have already thought of it. However, that is all they do, think about it. Mack received the firefighter award because he not only thinks of ways to make the department better, he makes the effort to sell and implement those improvements. Mack is a dedicated, active contributor to fire service. Chief Covington presented him with the Firefighter of the Year award. Mayor Baldwin recognized the family members of Mr. Malancon who were in audience this evening. Chief Covington introduced Lieutenant Carl Berghofer stating that he had received a letter from Captain Loren Kuhlmann with the Live Oak Fire Department regarding the off duty activities of Lieutenant Berghofer in assisting a motor vehicle accident in the City of Live Oak. He stated that Lieutenant Berghofer, who was passing by the incident location, stopped to render aid prior to the arrival of Live Oak Fire Department personnel. ïïóîìóðç Ó·²«¬» Lieutenant Berghofer ignored the inclement weather conditions to offer comfort and support to the individuals involved. Chief Covington presented Lieutenant Berghofer with a plaque of appreciation. Chief Covington stated that Lieutenant Berghofer recently ran the Rock N Roll marathon and raised over $2,000. Mayor Baldwin recognized Cleber Rodriguez a student from Brazil who is staying with Assistant City Manager David Harris and introduced his cousins Hugo Rodriguez and Junior Lopez who are visiting as well and presented them with a gift bag. PRESENTATION Presentation by the Schertz Sweethearts regarding the December 1, 2009 Tree Lighting Ceremony/Choir. (E. Matlock) Mayor Baldwin recognized EDC Specialist Erin Matlock who introduced members of the Schertz Sweetheart Court who invited the Citizens, Council and Staff to the December 1, 2009 Christmas Tree lighting ceremony, which will be held at 5:45 p.m. in front of City Hall followed by refreshments in the Council Chambers lobby. HEARING OF RESIDENTS No one spoke. Discussion and/or Action Items Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 17, 2009. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro-Tem Fowler to approve the minutes of the regular meeting of November Vote was unanimous.Motion Carried. 17, 2009. No Parking in Bicycle Lanes 2. - Discussion and possible action and briefing on No Parking in Bicycle Lanes in school zones (S. Willoughby/L. Dublin) Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided a briefing regarding making bicycle lanes in school zones designated as no parking and answering questions from Council. It was recommended that the no parking ordinance be amended to specifically include ?stopping, standing and/or parking? in no parking zones and installation of nineteen (19) signs strategically placed at all such zones at the beginning, middle and end of each block. It was also recommended that staff continue to persuade the Post Office to relocation all the mailboxes that conflict with bike lanes. Mayor and Council agreed to have staff move forward with the recommendations to revise the No Parking ordinance. ïïóîìóðç Ó·²«¬»Ð¿¹»ó î ó Ordinance No. 09-D-44 3. ? Consideration and/or action approving an ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising section 86-118, maximum limits in school zones on specific streets; and providing a repealing Final Reading clause. (FM 1518 near Corbett Middle School) (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that there have been no changes since first reading and recommends final approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by . The vote Councilmember Trayhan to approve Ordinance No. 09-D-44 final reading was unanimous. Motion carried. Ordinance No. 09-M-45 4. ? Consideration and/or action approving an ordinance of the City of Schertz, Texas amending and restating Chapter 2, Article IV, Sections 91-101, ?Administration-Transportation Safety Advisory Commission? of the Code of First Ordinances of the City of Schertz, Texas, and providing an effective date. Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that as discussed it was the recommendation of the Council to allow for two alternate positions on the Transportation Safety Advisory Commission. Action approves changing the number of alternates from three to two. Mayor Baldwin recognized Councilmember Scagliola who stated that recently the Council appointed the third alternate and request that this ordinance go into effect when a vacancy occurs or when one of the alternate terms expires. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Carpenter to approve Ordinance No. 09-D-45 first reading with the stipulation that the three alternates remain until either a vacancy or their term is up for . The vote was unanimous. Motion carried. renewal Ordnance No. 09-M-46 5. ? Consideration and/or action approving an ordinance of the City of Schertz, Texas amending the Code of Ordinances of the City by deleting First Reading Chapter 2, Article II, Citizens Advisory Committee. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action deletes the Citizens Advisory Committee that was created in 1976 that consisted of eighteen (18) members appointed by the Council. He further stated that the purpose of the committee was to make recommendations to the Council on matters such as low-income housing programs for the elderly, park improvements, traffic improvements, land development, and a variety of other special projects referred to them by the City Council. The committee is dormant and upon research of minutes, the last mention of the committee?s use was in 1988. The committee is not being utilizes by the Council, nor is it expected to be utilized in the future. ïïóîìóðç Ó·²«¬»Ð¿¹»ó í ó Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by . The vote Councilmember Carpenter to approve Ordinance No. 09-D-46 first reading was unanimous. Motion carried. Resolution No. 09-R-59 ? 6.Creating two alternate member positions on the Schertz Resolution No. 09-R-60 ? Library Advisory BoardandCreating two alternate member positions on the Schertz Historical Preservation Committee - Consideration and/or action approving Resolution No.?s 09-R-59 and 09-R-60. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action creates two (2) alternate positions for the Schertz Library Advisory Board and the Schertz Historical Preservation Committee. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by . The Councilmember Carpenter to approve Resolution No.?s -09-R-59 and 09-R-60 vote was unanimous. Motion carried. Ordinance No. 09-D-47 7. ? Consideration and/or action approving an ordinance First Reading amending the speed limit on Doerr Lane to 35 mph. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that action increases the speed limit on Doerr Lane from 20 mph to 35 mph. He stated the increase in speed limit is warranted due to the recent road improvements. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by . The Councilmember Scagliola to approve Ordinance No. 09-D-47 first reading vote was unanimous. Motioned carried Contract Agreement TIP Strategies, Inc., and the Schertz Economic 8. Development Corporation ? Consideration and/or action approving a contract between TIP Strategies, Inc. and the Schertz Economic Development Corporation in the amount of $30,000 to provide an update to the 2006 Comprehensive Economic Development Strategy Plan. (G. Antuna/J. Jewell) Mayor Baldwin recognized Economic Development Director George Antuna who introduced this item by providing a brief Power Point stating that action approves an agreement between the Economic Development Corporation and TIP Strategies Inc. to provide an update to their 2006 Strategic Plan. Included in the agreement will be a joint workshop with the members of Council, EDC, and the Planning and Zoning Commission to incorporate the recently adopted City Council strategic plan into the EDC plan. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve the contract agreement with TIP Strategies ïïóîìóðç Ó·²«¬»Ð¿¹»ó ì ó The vote was unanimous. Inc., and authorize the City Manager to execute it. Motion carried RFQ #09-ENG-29-S-01 9. ? Request for Qualifications: Engineering Design Services ? Consideration and/or action approving a two-year contract for engineering and design services with Vickery and Associates, Professional Engineering Design Group, Ford Engineering Inc. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that action creates a two-year contact agreement between the City of Schertz and three (3) engineering firms: Vickery and Associates, Professional Design Group, and Ford Engineering Inc. These firms will be used by the City on Civil Engineering projects, routine and bond related projects. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve two-year engineering and design services contract with Vickery and Associates, Professional Engineering Design Group, The vote was unanimous. Motion carried Ford Engineering Inc. Mayor Baldwin adjourned into executive session at 7:30 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin reconvened into regular session at 7:55 p.m. RECONVENE TO REGULAR SESSION 10. Take any actiondeemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Scagliola to approve the purchase of ten sewer line easements and ten temporary construction easements for the Town Creek Sewer FM 482 Trunk Line from the following property owners and the following prices: Ralph Marcantonio $ 3,500.00 Lloyd D. Geier $ 3,500.00 Hollis & Laura Wooldridge $ 5,000.00 Mary Kathleen Soechting $ 8,000.00 Hanson Aggregates, $ TBD Hanson Lehigh Company ïïóîìóðç Ó·²«¬»Ð¿¹»ó ë ó HGV Investments, LLC $17,559.00 Lattimore Materials Co, LP $16,660.00 Proffutt LTD Partnership RDO Family LLC $11,186.23 Henry M. Gutierrez $13,500.00 Bishop Center, LLC $ 3,850.00 Rafael Biolands Carreon $ 5, 281.00 The vote was unanimous. Motion carried Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 13. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Scagliola who stated that City Engineer Larry Dublin was a celebrity in that the NorthCliffe HOA recognized him in their recent newsletter. Councilmember Scagliola stated he attended the following this week: Ribbon Cuttings for Weed Control and Lone Star Hand Gun Monday he attended the Senior Thanksgiving Dinner ïïóîìóðç Ó·²«¬»Ð¿¹»ó ê ó Mayor Baldwin recognized Councilmember Trayhan who wished everyone a Happy Thanksgiving. Mayor Baldwin recognized Councilmember Carpenter who stated that he will be out of the State the week of December 8, 2009 and would not be in attendance at the December 8, 2009 Council meeting. 13. Announcements by City Manager Recognition of City employee actions New Departmental initiatives No announcements given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:00 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary ïïóîìóðç Ó·²«¬»Ð¿¹»ó é ó Agenda No.2 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2009 Department: City Attorney Subject:Ordinance No. 09-M-46 - Elimination of Citizens Advisory Committee (Final Reading) BACKGROUND A Citizens Advisory Committee was created in 1976 by Chapter 2, Article II, of the Code of Ordinances, with eighteen members to be appointed by the City Council to make recommendations to the City Council on matters referred to it by the City Council. The Committee is dormant and not being utilized by the City Council, is not expected to be utilized, and the City Council has determined to eliminate such Committee. CITY COUNCIL PASSED THIS ON FIRST READING AT THEIR MEETING OF NOVEMBER 24, 2009. FISCAL IMPACT None RECOMMENDATION Approval, on final reading, of Ordinance No. 09-M-46 ATTACHMENT Ordinance No. 09-M-46 CCM Ordn 09-M-46.doc ORDINANCE NO: 09-M-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY DELETING CHAPTER 2, ARTICLE II, CITIZENS ADVISORY COMMITTEE. WHEREAS, the Citizens Advisory Committee was created in 1976 by Chapter 2, Article II of the Code of Ordinances, with eighteen members to be appointed by the City Council to make recommendations to City Council on matters referred to it by the City Council; WHEREAS, the Committee is currently dormant and not being utilized by the City Council, and is not expected to be utilized; and WHEREAS , the City Council desires to delete Chapter 2, Article II of the Code of Ordinances, City of Schertz, Texas to eliminate the Citizens Advisory Committee. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Chapter 2, Article II, Citizens Advisory Committee, of the Code of Ordinances, City of Schertz, Texas is hereby deleted. II. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. III. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. [The remainder of this page intentionally left blank.] -1- Ordn No. 09-M-46.doc th PASSED AND APPROVED on first reading the 24 day of November, 2009. st PASSED AND FINALLY APPROVEDon second and final reading the 1 day of December, 2009. Mayor ATTEST: City Secretary [CITY SEAL] -2- Ordn No. 09-M-46.doc Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2009 Department: Engineering / Public Works Subject:Ordinance No. 09-D-47- Recommendation toamend speed limit sign on Doerr Lane to (Final Reading) 35 mph. BACKGROUND As part of the 2006 Bond Election, Doerr Lane has recently been upgraded from 24 foot roadway to 42 feet in width with curb and gutter. As a result of these improvements and in keeping with the lateral circulation in the business/industrial park area it is recommended that the speed limit on the entirety of Doerr Lane be raised to 35 mph. City Council passed this on first reading at their meeting of November 24, 2009. FISCAL IMPACT The Fiscal Impact will be $30.00 Proposed FY 2009-2010 budget, Account number: 101-359- 551600 ? Street Maintenance. RECOMMENDATION Staff recommends Council approve final reading of Ordinance No. 09-D-47. ATTACHMENT Ordinance No. 09-D-47 City Council Memorandum Page 2 ORDINANCE NO. 09-D-47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING.A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Chapter 86-115 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: *Sec. 86-115. Maximum Speed limits generally. Street Extent Speed Limits Doerr Lane Tri-County Parkway to City Limits 35 MPH SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. APPROVED on first reading the 24th day of November, 2009. st PASSED, APPROVED AND ADOPTEDthis the 1 day of December, 2009 . ___________________________________ Mayor, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz City Council Memorandum Page 3 Agenda No. 4 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: December 1, 2009 Department: Schertz Sweetheart Committee Subject:Appointment of Committee Members BACKGROUND Since January 22, 2008 a standing committee of the city has managed the Schertz Sweetheart program. After one year of the operations the committee asks to be reinstated for 2009-10. FISCAL IMPACT None at this time. RECOMMENDATION Appoint the following Committee Members: Steve White Brad Bailey Alice Jewell Kay Wolverton Michele Kelso Carla Vetter Erin Matlock Elizabeth Wiley David Harris Council Member David Scagliola (Liaison) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated City of Schertz City Council recommends appointment of the Committee Members. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, st Texas this 1 day of December 2009, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED ______________________________ Hal Baldwin, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2009 Department: City Manager Subject:Public Hearing on Annexation of Crescent Bend Park BACKGROUND The property to be annexed is approximately 186 acres, and the operation of the annexed area, which is Crescent Bend Park, will be governed by an interlocal agreement with Bexar County. The City agreed with Bexar County that it will annex Crescent Bend Park, and on October 27, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first on December 1, the second on December 8. FISCAL IMPACT Negligible: property will not be taxable RECOMMENDATION Conduct public hearing ATTACHMENTS Property description Annexation timeline Proposed Service Plan CCM Item No. 5.doc ANNEXATION TIMELINE October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City?s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad 1 company?s right-of-way is in the area proposed for annexation November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder November 18, 2009 Planning Department finalizes service plan for area proposed for annexation November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City?s internet website (Note: Notice on website must 2 remain posted through hearing date.) December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required 3 ) to change 4 January 5, 2010 First City Council consideration of annexation ordinance January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk?s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice completed 1 Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. Timeline (Crescent Bend).doc CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 186.55± acres of land known as Crescent Bend Park located north of Schaefer Road and east of the Lost Meadows Subdivision situated in the A.S. Lewis Survey No. 78 and the Williams Bracken Survey No. 65 in Bexar County, Texas. See Exhibit 3, ?Metes and Bounds Description?, attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City and in accordance with the Interlocal Cooperation Agreement with Bexar County, Texas. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. However, a person who continues to use the services of a privately owned solid waste management service provider must transfer to the City within two (2) years from the date this annexation is filed. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY The City will operate the Crescent Bend Nature Park in accordance with the Interlocal Cooperation Agreement with Bexa r County, Texas. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. 2009-006 [Crescent Bend Park [properties] A OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library,park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS The City will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City and in accordance with the Interlocal Cooperation Agreement with Bexar County, Texas. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. 2009-006 [Crescent Bend Park [properties] A Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 1, 2009 Department: City Manager Subject: Public Hearingon Annexation of CCMA Property BACKGROUND The property to be annexed is approximately 310 acres belonging to CCMA. CCMA has requested this annexation. On October 27, the City Council began the annexation process (see the attached timeline). The City Council must conduct two public hearings on the annexation: the first on December 1, the second on December 8. FISCAL IMPACT Negligible: property will not be taxable RECOMMENDATION Conduct public hearing ATTACHMENTS Property description Annexation timeline Proposed Service Plan CCM Item No. 6.doc ANNEXATION TIMELINE October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City?s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company?s right-of-way is in the 1 area proposed for annexation November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder November 18, 2009 Planning Department finalizes service plan for area proposed for annexation November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City?s internet website (Note: Notice on website must remain posted 2 through hearing date.) December 1, 2009 First public hearing at City Council meeting 3 December 8, 2009 Second public hearing at City Council meeting (location may be required to change) 4 January 5, 2010 First City Council consideration of annexation ordinance January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk?s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice 1 Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. B-1 50255285.1 EXHIBIT C NOTICE OF INTENT TO ANNEX PLEASE TAKE NOTICE that the City Council of the City of Schertz (the ?City?) intends to annex the following property: Approximately 310.04 acres located west of the Lost Meadows subdivision. Questions concerning the proposed annexation should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas C-1 50255285.1 EXHIBIT D CITY OF SCHERTZ, TEXAS 1400 SCHERTZ PARKWAY SCHERTZ, TEXAS 78154 November 20, 2009 Re: Notice of Intent to Annex (approximately 310.04 Acre Tract) Superintendent Schertz-Cibolo-Universal City Independent School District Please take notice that the City Council of the City of Schertz (the ?City?) intends to annex the following property, a portion of which is within your District: Approximately 310.04 acres located west of the Lost Meadows subdivision. The City is unaware of any financial impact on your District resulting from the proposed annexation, including any changes in utility costs. Please address any questions you have concerning the proposed annexation to my attention. Very truly yours, Don E. Taylor City Manager, City of Schertz D-1 50255285.1 EXHIBIT E NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the ?Act?), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the ?City?) will hold a public December 1, 2009 hearing on at 6:30p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the ?Land?): Approximately 310.04 acres located west of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas E-1 50255285.1 NOTICE OF PUBLIC HEARING Pursuant to Chapter 43 of the Texas Local Government Code, as amended (the ?Act?), NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz (the ?City?) will hold a public December 8, 2009 hearing on at 6:30p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas with respect to the proposed annexation of the following property (the ?Land?): Approximately 310.04 acres located west of the Lost Meadows subdivision. All interested persons are invited to attend the hearing to express their views with respect to the annexation of the Land. Further information with respect to the proposed annexation will be available at the hearings. In lieu of attendance at the meeting, written comments may be submitted to the City. Such comments should be directed to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager CITY OF SCHERTZ By: /s/Hal Baldwin Mayor, City of Schertz, Texas E-2 50255285.1 ANNEXATION TIMELINE October 27, 2009 City Council adopts resolution authorizing and directing (1) the delivery of notice of intent to annex to necessary parties; (2) preparation by the Planning Department of service plan for proposed Annexation Area; (3) the submission of preclearance materials to the Department of Justice; and (4) publication of notices of hearings for the annexation October 28, 2009 Planning Department begins preparation of proposed service plan for Annexation Area Planning Department gives written notice of the City?s intent to annex to property owners in the area, public and private entities providing services to the area, and each railroad company that serves the City if the railroad company?s right-of-way 1 is in the area proposed for annexation November 16, 2009 City Secretary sends notices of public hearings to Commercial Recorder November 18, 2009 Planning Department finalizes service plan for area proposed for annexation November 20, 2009 Planning Department gives written notice of proposed annexation to each public school district located in the area proposed for annexation November 20, 2009 Publish notice of both public hearings in newspaper; post notice of both public hearings on City?s internet website (Note: Notice on website must remain posted 2 through hearing date.) December 1, 2009 First public hearing at City Council meeting December 8, 2009 Second public hearing at City Council meeting (location may be required to 3 change) 4 January 5, 2010 First City Council consideration of annexation ordinance January 12, 2010 Second City Council consideration of annexation ordinance; annexation is final After January 12, 2010 Provide notice of annexation to the Texas Secretary of State and Texas Comptroller of Public Accounts File certified copy of annexation ordinance in the appropriate County Clerk?s office Update Municipal Boundary and Extraterritorial Jurisdiction maps City Attorney files preclearance materials with the Department of Justice = completed 1 Must be at least 30 days before the date of the first hearing. 2 Notice for each hearing must be published 10 to 20 days before the date of each hearing. 3 Note that if 10% of the permanent residents of the Annexation Area file written objection to the proposed annexation with the City Secretary within 10 days after the first published notice of the annexation, then this meeting will need to be held in the Annexation Area. 4 Must be at least 20 days after the second hearing but not more than 40 days after the first hearing. Timeline ((CCMA).doc CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 310.04± acres of land west of the Lost Meadows Subdivision being part of the G. Malpez Survey No. 67, Abstract No. 464, Bexar County Block No. 5054, the A.S. Lewis Survey No. 78,Abstract No. 1301, Bexar County Block No. 5472 and the William Bracken Survey No. 65, Abstract No, 48, Bexar County Block No. 5055, situated in Bexar County Texas. See Exhibit 4, ?Metes and Bounds Description?, attached hereto for a complete description of the property. INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. However, a person who continues to use the services of a privately owned solid waste management service provider must transfer to the City within two (2) years from the date this annexation is filed. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water o r wastewater utility will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES 2009-005 [CCMA properties] A If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS The City will make available to the annexed area any necessary water, sewer, street, and drainage facilities within two and one-half (2-1/2) years of the effective date of the annexation unless the construction of the necessary facilities is interrupted by circumstances beyond the control of the city, or unless this period is extended by an arbitration decision. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with Local Government Code Ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. 2009-005 [CCMA properties] A