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06-25-2013 Agenda with backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL June 25, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, JUNE 25, 2013 AT 6:00 P.M. Call to Order ? Regular Session 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor John Bowling ? Community Bible Church) Presentations Presentation and update regarding the Playscape Cameras. (B. James/P. Gaudreau) City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Announcements and recognitions by City Manager Workshop Discussion and direction regarding an Exclusive Franchise contract with Bexar Waste. (J. Bierschwale/K. Tapley) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker?s register prior to the meeting. Presentations should be limited to 3 no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items ðêóîëóîðïí ݱ«²½·´ ß¹»²¼¿ The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes 1.- Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 18, 2013. (B. Dennis) Ordinance No. 13-T-18 2.? Consideration and/or action approving an Ordinance authorizing a budget adjustment to transfer personnel budget funds from Engineering Department to the Information Technologies Department; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (B. James/M. Clauser) Discussion and Action Items ZC2013-008 3.? Conduct a public hearing, upon a request for a proposed street name change of Enterprise Avenue to Schertz Parkway from the intersection of IH 35 frontage road extending north to the intersection of Lookout Road. (B. James/M. Sanchez) ZC2013-009 4.- Conduct a public hearing, upon a request for a proposed street name change of Lookout Road to Old Selma Road from the intersection of Enterprise Avenue extending east to the intersection of Tri-County Parkway. (B. James/M. Sanchez) Resolution No. 13-R-50 5.? Consideration and/or action approving a Resolution authorizing a construction contract withD. Wilson Construction Company for the construction of three (3) Baseball Fields. (B. James/P. Gaudreau) Resolution No. 13-R-51 6.? Consideration and/or action approving a Resolution authorizing a construction contract with Alpha Building Corporation for the renovation of the existing Soccer Fields and construction of a new Concession Building and associated support systems for the Soccer Fields. (B. James/P. Gaudreau) Ordinance No. 13-T-19 7.? Consideration and/or action approving an Ordnance authorizing a budget adjustment to recognize an additional transfer from the CPS CIED Fund for an electrical upgrade project off Pfeil Road; repealing all ordnances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (J. Bierschwale/B. James) Roll Call Vote Confirmation ðêóîëóîðïí Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó î ó Requests and Announcements 8. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code ? Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 12. Take any actiondeemed necessary as a result of the Executive Session. Adjournment ðêóîëóîðïí Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó í ó 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 21st DAY OF JUNE 2013 AT 3:00 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. ûËØÏÙÜùØÏÏÔÊ  Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor CarpenterMayor Pro-Tem Edwards ? Place 4 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler ? Place 1Councilmember Scagliola ? Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Antuna - Place 3 Councilmember ? Verinder ? Place 5 ASA Commuter Rail District Board ? Lone Star Audit Committee Randolph Joint Land Use Study (JLUS) Executive Investment Advisory Committee Committee Schertz Seguin Local Government Corporation ðêóîëóîðïí Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó ì ó Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on June 18, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes ofthe regular meeting of June 18, 2013. ATTACHMENT Minutes ?regular meeting June 18, 2013 MINUTES REGULAR MEETING June 18, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 18, 2013, at 6:02 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 R. Carpenter Mayor Pro-Tem Cedric Edwards Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Sydney Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Chief of Staff Bob Cantu City Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Mayor Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized Aiden Carlson with Troop 627 who was in the audience. Aiden came forward stating that he was here tonight working on one of his merit badges to achieve his Eagle Scout. Proclamations Proclamation recognizing Small Business week. (Mayor Carpenter/M. Titterington) Mayor Carpenter read and presented the Small Business week proclamation to Schertz Chamber President Maggie Titterington. City Events and Announcements Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who announced the following upcoming events: No City Council meeting on July 2, 2013. Tuesday, July 2, 2013 - United States Air Force Band of the West will be playing at 7:00 p.m. at the Schertz Civic Center. 06-18-2013 Minutes Page- 1 - Friday, July 12, 2013 ? Texas Municipal League Region 7 Dinner, 6:00 p.m. in Leon Valley, more details will follow. If interested in attending please contact the City Secretary. Executive Director of Support David Harris introduced Events Coordinator Mary Spence th who provided information on the upcoming 38 Annual Jubilee Celebration. Ms. Spence stated that the event starts on July 2, 2013 with the United States Air Force Band of the West playing at the Schertz Civic Center at 7:00 p.m. Please let her know if you would like tickets to the event. She stated that on July 3, 2013 the United States Air Force Band Rock Group performs at 6:00 p.m., and at 8:30 p.m. the Southern Strangers perform. The carnival will open on July 3, 2013 through July 6, 2013 from 6:00 p.m. to 11:00 p.m. Thursday, July 4, 2013, 9:00 a.m. 5K Race at the Visitors Center, at 2:30 p.m. the Apple Pie Baking, Melon Eating, and Barbecue Cook-Off Contests begin. She stated the Buddy Boy Texas performs at 7:00 p.m. and at 9:30 p.m. Chilton Vance will perform. Fireworks start at 9:15 p.m. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who recognized Director of Finance Juan Santoya. Mr. Santoya presented to Mayor Carpenter, the Texas Comptroller Gold Leadership Circle award. This is a recognition given to local governments who strive to achieve a high standard of transparency on line. Mr. Santoya stated that this was a team effort he thanked Ms. Shelly Krause of the Purchasing and Asset Management Department and her assistance as well as other members of the Finance and IT Departments for assisting in gathering and submitting the information. Mr. Santoya stated that our goal is to provide this type of information on line for our citizens. Mr. Santoya stated that on the Texas Comptroller of Public Accounts website the City of Schertz listing will now display the Gold seal to indicate that we have received this award. Mayor Carpenter read the award. Mayor and Council congratulated staff. City Manager John Kessel recognized Police Chief Michael Hansen who introduced and recognized Corporal Steve Rolison who recently competed in the Texas Police Olympic Games last week. Corporal Rolison stated he received gold medals in the 10K and 5K run which includes all age groups. He stated in his age group he received gold medals in the 800 and 1500 meter race, as well as receiving a bronze medal in the 400 meter relay. Chief Hansen also recognized the Police Department?s newest member ?Rambo? a 3 year old Dutch Sheppard and his trainer/handler Officer Jacob Gonzalez. Chief Hansen stated that Officer Gonzalez has started his handler certification training and that Rambo will be utilized as a narcotics dog and will be deployed in the next few weeks. Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill 3 out the speaker?s register prior to the meeting. Presentations should be limited to no more than minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 06-18-2013 Minutes Page- 2 - Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following citizens who spoke: Ms. Clare Layton, 12231 Lost Meadows Drive, who congratulated the City for achieving the top level of the Texas Comptroller of Public Accounts Gold Leadership Circle Award. She spoke on more transparency. She requested Council not place contract items on the consent agenda. She asked for items such as name of the prospective contractor, the contractor?s home city, and the amount of money involved be included. Ms. Layton also addressed the use of Consultants. Ms. Maggie Titterington, Schertz Chamber President who provided information regarding upcoming Chamber Events. Mr. Robert Brockman, 1000 Elbel, who requested that agenda item 2 be taken off the consent agenda and discussed separately. Ms. Melinda Steadman, 3133 Muntjac, who spoke regarding the placement of basketball goals. She expressed her concerns for it being in the nuisance ordinance and addressed other issues that were in the nuisance as well. Matthew Thompson, 1196 FM 78, who provided information on upcoming events at Kung Jung Mu Sul of Schertz, inviting members of Council to attend. Matthew provided a copy of the brochure of the upcoming events. Mayor Carpenter recognized Councilmember Scagliola who requested that agenda item 2 be removed from the consent agenda for separate action. Consent Agenda Items 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. Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Recommend approval. Meeting of June 11, 2013. (J. Kessel/B. Dennis) Resolution No. 13-R-49 3. ? Consideration and/or action approving a Resolution authorizing a Cooperative Purchasing Agreement with the Harris County Department of Education (HCDE), and other matters in connection therewith. (J. Bierschwale/R. Duprat-Waldo) The following was read into record: RESOLUTION NO. 13-R-49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COOPERATIVE PURCHASING AGREEMENT WITH THE 06-18-2013 Minutes Page- 3 - HARRIS COUNTY DEPARTMENT OF EDUCATION (HCDE), AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by The vote was Councilmember Verinder to approve the consent agenda items 1 and 3. unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. Discussion and Action Items Resolution No. 13-R-39 2. ? Discussion and consideration and/or action approving a Resolution authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy and other matters in connection therewith. (B. James/G. Logan) The following was read into record: RESOLUTION NO. 13-R-39 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT NAMING RIGHTS AND ENDORSEMENT POLICY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Parks, Recreation and Community Services Director George Logan who introduced this item stating that action requested of Council is to approve the revised policy incorporating the changes which authorizes a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy. This ?Policy? is not intended to circumvent City of Schertz standard operating procedures/means to maintain or improve parks, recreational, and community facilities. Rather, this ?Policy? provides for the enhancement of community facilities through donations provided by local benefactors and corporations. The ?Policy? identifies several categories that would qualify for naming rights and endorsements by the City Council of the City of Schertz. He stated it is important to note that all potential donations for naming rights, regardless of category, will be fully vetted through the City of Schertz management and legal staff before moving forward with this process. This will be accomplished in each case to ensure that both the donor and the gift are appropriate and consistent with the City of Schertz mission statement. Mayor Carpenter recognized Mayor Pro-Tem Edwards, who moved, seconded by The vote was unanimous Councilmember Scagliola to approve Resolution No. 13-R-39. with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. Ordinance No. 13-T-18 4. ? Consideration and/or action approving an Ordinance authorizing a budget adjustment to transfer personnel budget funds from Engineering Department to the Information Technologies Department; repealing all Ordinances or parts of Ordinances in 06-18-2013 Minutes Page- 4 - First Reading conflict with this Ordinance; and providing an effective date. (B. James/M. Clauser) The following was read into record ORDINANCE NO. 13-T-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION TECHNOLOGIES DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating that action requested of Council is to approve a budget adjustment transfer from the Engineering personnel budget to the Information Technologies personnel budget due to the reduction two (2) budget cycles ago when the open position for Administrative Assistant was un-funded. Since that time, administrative duties have been performed by the Department?s technical staff. He stated the City Manager has determined that in order to better achieve its goals, it has become necessary to restore that position to the Department. It was determined that the best way to do so is to transfer a position of Administrative Assistant from the Engineering Department to the Information Technologies Department. This transfer will have no fiscal impact on the City and minimal changes to the Engineering Department as sufficient administrative support is available from Public Works. In order to provide necessary funds for the project, the City?s FY 2012-13 Budget must be amended. Staff recommends approval of transferring $12,836 from the Engineering Department (173) to the Information Technologies Department (853) for the transfer of the position of Administrative Assistant. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by The vote was Councilmember Scagliola, to approve Ordinance No. 13-T-18 on first reading. unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda items 1 through 4. Requests and Announcements 5. Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives 06-18-2013 Minutes Page- 5 - No further announcements provided. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Verinder who requested additional information from the Water and Wastewater Consultant. He wanted to know if the consultant could provide information on what other cities were charging for their commercial and industrial rates. He would like to see how Schertz stacks up with other jurisdictions. Executive Director of Operations John Bierschwale stated that he will check with the consultant. If the consultant does not have this information, we can do a survey in the area with our department. He stated our numbers are shown in that report based upon the meter size, we will see if the others cities have a commercial and industrial rate and provide the information back to him. 8. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated he attended the Chamber of Commerce luncheon today and found the subject of leadership very informative. Mayor Pro-Tem thanked Maggie for what she has done with the Chamber. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following events: Friday, June 14, 2013, went to the Blue Bonnet Palace and saw a wonderful singer, a man by the name of Mr. Michael Carpenter who was singing lead vocalist with the Gary Glenn & the 20X Band. th Saturday, June 15, 2013, 12 Annual Wilenchik Memorial Doggie Dash. th Monday, June 17, 2013, Schertz Bank and Trust 100 Birthday celebration. Tuesday, June 18, 2013, Schertz Chamber of Commerce luncheon. Mayor Carpenter recognized Councilmember Antuna who stated yesterday he attended the monthly San Antonio ? Bexar County Metropolitan Planning Origination (MPO) meeting. He stated that they have been working on expanding the number of board members. MPO had voted for a 19 member board, but due to some lobbying with VIA Metropolitan Transit, the Board voted to expand it to 21. 06-18-2013 Minutes Page- 6 - Councilmember Antuna also stated he attended the Schertz Chamber luncheon today. Mayor Carpenter recognized Councilmember Verinder who stated he attended on Monday, th June 17, 2013 the Schertz Bank & Trust 100 Birthday Celebration as well as the reception that evening. Mayor Carpenter thanked Councilmember Scagliola for his kind words stating that he did have the opportunity to stand up with the band Friday night and play. Mayor Carpenter stated he also attended the following events: th Saturday, June 15, 2013, 12 Annual Wilenchik Memorial Doggie Dash. Mayor Carpenter stated that he learned at this event that the Schertz Animal Control Facility is celebrating its 1 year anniversary as a ?No kill for space facility?. He congratulated the entire Animal Control department and the Schertz Humane Society for meeting that milestone. th Monday, June 17, 2013, Schertz Bank and Trust 100 Anniversary celebration. Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code ? Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Section 551.074 Texas Government Code ? Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. Section 551.087 Texas Government Code ? Deliberation regarding Economic Development Negotiations. Mayor Carpenter recessed the regular meeting into executive session at 7:00 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:10 p.m. 9. Take any actiondeemed necessary as a result of the Executive Session. 06-18-2013 Minutes Page- 7 - No action taken. Adjournment As there was no further business, the meeting was adjourned at 9:11 p.m. Go Spurs Go! __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis 06-18-2013 Minutes Page- 8 - Agenda No. 2 CITY COUNCIL MEMORANDUM th City Council Meeting: June 18, 2013 Department: Engineering (173) and Information Technologies (853) Subject: Ordinance No. Ordinance No. 13-T-18 Budget Adjustment to provide of funds for the transfer of an open position of Administrative Assistant from the Engineering Department to the Information Technologies Department Final Reading) ( BACKGROUND Efficient and effective operations of the Information Technologies Department in support of the core priorities as identified by Council and put into practice by Management, are crucial to the success of those endeavors. As the City continues to grow the abilities and resources needed to manage the City?s technologies grows as well. The Information Technologies Department?s manpower resources were reduced two budget cycles ago when the open position for Administrative Assistant was de-funded. Since that time administrative duties have been performed by the Department?s technical staff. City Management has determined that in order to better achieve its goals, it has become necessary restore that position to the Department. It was determined that the best way to do so is to transfer a position of Administrative Assistant from the Engineering Department to the Information Technologies Department. This transfer will have no fiscal impact on the City and minimal changes to the Engineering Department as sufficient administrative support is available from Public Works. In order to provide necessary funds for the project, the City?s 2012-13 Budget must be amended to show a transfer in the amount of $12,836.00 to the Information Technologies Department (853) from the Engineering Department (173). Goal Provide a transfer of funding to facilitate the transfer of a position of Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853). Community/City Benefit Providing the Information Technologies Department with much-needed administrative help will improve the Department?s ability to manage the City?s technology systems. This transfer will fill a gap in personnel that has been in place for the last 2 budget cycles, relieving the burden of day-to-day administration that currently is placed on the IT technical staff. Summary of Recommended Action Approve transferring $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853) for the transfer of the position of Administrative Assistant. FISCAL IMPACT This action will transfer $12,836.00 from the Engineering Department (173), to the Information Technologies Department (853). The balance for the General Fund will not change. RECOMMENDATION Approve Ordinance Number 13-T-18 final reading authorizing a budget amendment transferring $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853). ATTACHMENT(S) Ordinance No. 13-T-18 ORDINANCE NO. 13-T-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION TECHNOLOGIES DEPARTMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE City WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the ??) adopted the Budget budget for the City for the fiscal year 2012-2013 (the ?), which provides funding for the City?s operations throughout the 2012-2013 fiscal year; and WHEREAS, the City has determined that it is in the City?s best interest to transfer an open position for Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853); and WHEREAS the CITY needs to adjust the Budget to transfer remaining personnel funds of approximately $12,836 related to the open Administrative Assistant position to the Information Technologies Department (853), from the Engineering Department (173); and WHEREAS, City staff recommends that the City Council of the City adjust the Budget to approve the transfer of funds from the Engineering Department (173) to the Information Technologies Department (853); and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the transfer of funds from the Engineering Department (173) to the Information Technologies Department (853), for the transfer of an open position of Administrative Assistant, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget to transfer $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853), to fund the transfer of the open position of Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED ON FIRST READING, the 18 day of June, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the 25th day of June, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: Development Services SubjectZC2013-008 ? Conduct a public hearing, upon a request for a proposed street name change of Enterprise Avenue to Schertz Parkway from the intersection of IH 35 frontage road extending north to the Item to be intersection of Lookout Road. ? postponed. The City of Schertz has requested that the street name of Enterprise Avenue be changed to Schertz Parkway from the north side of IH 35 beginning at the intersection of the IH 35 frontage road and extending north to the intersection of Lookout Road. Affected property owners were notified on May 31, 2013. The Planning and Zoning Commission held a public hearing and considered the street name change on June 12, 2013 and made a recommendation for approval. The Selma Planning and Zoning Commission will consider the request at their meeting of June 24, 2013 and at their City Council meeting of July 11, 2013. Although this request was originally scheduled to be presented to the Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided to postpone the City Council hearing until July 16, 2013 so that we can be aware of the outcome of the City of Selma?s determination. Property owners have been re-noticed of the City Council meeting scheduled for July 16, 2013. RECOMMENDATION Staff recommends that action on this item be postponed until July 16, 2013. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: Development Services SubjectZC2013-009 - Conduct a public hearing, upon a request for a proposed street name change of Lookout Road to Old Selma Road from the intersection of Enterprise Avenue extending east to the intersection of Tri- Item to be postponed. County Parkway ? The City of Schertz has requested that the street name of Lookout Road be changed to Old Selma Road located on the north side of IH 35 beginning at the intersection of Enterprise Avenue extending east to the intersection of Tri-County Parkway. Affected property owners were notified on May 31, 2013. The Planning and Zoning Commission held a public hearing and considered the street name change on June 12, 2013 and tabled the request. The Selma Planning and Zoning Commission will consider the request at their meeting of June 24, 2013 and at their City Council meeting of July 11, 2013. Although this request was originally scheduled to be presented to the Schertz City Council for a public hearing and consideration on June 25, 2013, it was decided to postpone the City Council hearing until July 16, 2013 so that we can be aware of the outcome of the City of Selma?s determination. Property owners have been re-noticed of the City Council meeting scheduled for July 16, 2013. RECOMMENDATION Staff recommends that action on this item be postponed until July 16, 2013. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: Parks andRecreation Subject:Resolution 13-R-50 Contract for construction of Three New Baseball Fields BACKGROUND Goal To provide the citizens with additional Baseball fields that meet the needs of the growing community and the requirements of the 2010 Bond. Community Benefit The community will benefit from these three additional baseball fields in addition to the existing four fields. As part of this project an equipment storage building and an additional water fountain will also be constructed Selection Process The construction delivery method selected for this project is the Competitive Sealed Proposal method (Section 2267.151). This method allows the City to select the most qualified firm with cost as only one of the considerations in the evaluation process. This results in a higher level of experience but may or may not be the lowest initial bid. This method allows the City to enter into negotiations with the highest ranked firm regardless of the initial bid. If an acceptable cost cannot be reached with the first ranked firm then negotiations are terminated and negotiations with the second ranked firm are commenced. This continues through the respondents until an acceptable cost is agreed upon or all submissions are rejected. The city issued a Request for Competitive Sealed Proposals (RFCSP) on February 11, 2013 and received responses on February 26, 2013. Of the seven responses received two were non- responsive. The remaining five responders were evaluated by the team using the criteria published in the RFCSP. The Base Bids ranged from $1,498,000.00 to $1,860,000.00. Based on the result of the evaluations the firm of D Wilson Construction Company was considered the most qualified for the project. Because D Wilson?s bid was above the budgeted amount of $1,500.00.00 the team entered into contract negotiations with them pursuant to Section 2267.151et seq. of the Texas Government Code. The team was successful in negotiating a final contract that is below the current budget. Summary of Recommended Action Staff recommends approval of Resolution No.13-R-50 authorizing the City Manager to execute a contract for the construction of the new baseball fields. FISCAL IMPACT Funds will be from the 2010 Bond Package. RECOMMENDATION Approval of Resolution 13-R-50 ATTACHMENT(S) Copy of D Wilson Construction Company Contract Resolution No. 13-R-50 RESOLUTION NO. 13-R-50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City enter into an agreement with D. Wilson Construction Company, Inc. for the construction of three baseball fields, an equipment storage building and associated support systems; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with D. Wilson Construction Company, Inc., and the Contract attached hereto as Exhibit A (the ?Contract?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Contract with D. Wilson Construction Company, Inc. in substantially the form set forth on Exhibit A. The total amount payable under this Contract shall not exceed $1,480,000.00 plus $20,000.00 of City contingency funds for a total amount of $1,500,000.00. Section 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of June, 2013. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A D WILSON CONSTRUCTION COMPANY CONTRACT Agenda No.6 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: Parks andRecreation Subject: Resolution 13-R-51Contract for Renovation of the existing Soccer Fields and construction of a new Concession Building and associated support systems BACKGROUND Goal To provide the citizens with 12 renovated soccer fields, hard surface parking lots for 672 cars plus designated bus parking and a new Concession Building that incorporates permanent toilet facilities that meets the needs of the growing community and the requirements of the 2010 Bond. Community Benefit The community will benefit from these renovated soccer fields and hard surface parking lots and the new concession building containing permanent toilet facilities. Selection Process The construction delivery method selected for this project is the Competitive Sealed Proposal method (Section 2267.151). This method allows the City to select the most qualified firm with cost as only one of the considerations in the evaluation process. This results in a higher level of experience but may or may not be the lowest initial bid. This method allows the City to enter into negotiations with the highest ranked firm regardless of the initial bid. If an acceptable cost cannot be reached with the first ranked firm then negotiations are terminated and negotiations with the second ranked firm are commenced. This continues through the respondents until an acceptable cost is agreed upon or all submissions are rejected. The city issued a Request for Competitive Sealed Proposals (RFCSP) on March 18, 2013 and received responses on April 4, 2013. Of the five responses received one was non-responsive. The remaining four responders were evaluated by the team using the criteria published in the RFCSP. The Base Bids ranged from $3,650,000.00 to $3,949,820.00. Based on the result of the evaluations the firm of Alpha Building Corporation was considered the most qualified for the project. Because Alpha Building Corporation?s bid was above the budgeted amount of $3,500.00.00 the team entered into contract negotiations with them pursuant to Section 2267.151 et seq. of the Texas Government Code. The team was successful in negotiating a final contract that can be accomplished within the available 2010 Bond funds. Summary of Recommended Action Staff recommends approval of Resolution No. 13-R-51 authorizing the City Manager to execute a contract for the renovated soccer fields, hard surface parking lots and a new Concession Building that incorporates toiles facilities and associates support systems. FISCAL IMPACT Funds will be from the 2010 Bond Package. RECOMMENDATION Approval of Resolution 13-R-51 ATTACHMENT(S) Copy of Alpha Building Corporation Contract Resolution No. 13-R-51 RESOLUTION NO. 13-R-51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) has recommended that the City enter into an contract with Alpha Building Corporation for the renovation of the existing and associated support soccer fields and construction of A new concession buildingand parking lots systems; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Alpha Building Corporation and the Contract attached hereto as Exhibit A (the ?Contract?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Contract with Alpha Building Corporation in substantially the form set forth on Exhibit A. The total amount payable under this Contract shall not exceed $3,504,037.00 plus $35,000.00 of City contingency funds for a total amount of $3,539,037.00. Section 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 25th day of June, 2013. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A D WILSON CONSTRUCTION COMPANY CONTRACT Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 25, 2013 Department: City Manager Subject: Ordinance No. 13-T-19 Budget Adjustment to provide of funds for the CPS Energy Pfeil Road Project. First Reading) ( BACKGROUND A request has been made by CPS Energy to fund the cost to replace a section of old wood poles to steel poles on a project off of Pfeil Road costing $13,232.65. Since the cost of steel poles is roughly double of wooden poles, CPS is asking Schertz to fund this cost difference. In the past, this cost would have been potentially covered by the former CPS CEID Fund that has since been dissolved and excess funds disbursed to suburban cities including Schertz. Schertz has received a payout of $264,330 and now has an estimated balance of $105,727 following a payment to Capital Group for a rebate of property taxes in FY 2012-13 of $158,603. Sufficient funds exist in this fund to cover this request. Goal Provide funding for the differential cost for steel poles in the Pfeil Road electric system upgrade. Community/City Benefit This action will further the efforts of the City to utilize steel utility poles instead of wooden poles to provide for a potentially longer lifespan and is more aesthetically pleasing than wood. Summary of Recommended Action Approve transferring $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. FISCAL IMPACT This action will transfer $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. RECOMMENDATION Approve Ordinance No. 13-T-19 on first reading authorizing a budget amendment transferring $13,300 from CPS CEID fund reserves to a budgeted line item for payment of the utility upgrade. ATTACHMENT(S) Ordinance No. 13-T-19 ORDINANCE NO. 13-T-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE PROJECT OFF PFEIL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE City WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the ??) adopted the Budget budget for the City for the fiscal year 2012-2013 (the ?), which provides funding for the City?s operations throughout the 2012-2013 fiscal year; and WHEREAS, the City needs to adjust the Budget to recognize an additional $13,300.00 for electrical upgrades on Pfeil Road from CPS CIED fund; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve recognition of funds from the CPS CIED Funds for the electrical upgrades; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the expenditure related to the electrical upgrades, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall recognize an additional $13,300.00 from the CPS CIED Fund to fund the electrical upgrades on Pfeil Road. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. th PASSED ON FIRST READING, the 25 day of June, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) - 2 - 50558021.1