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12-03-2013 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL December 3, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 ► Council photos at 5:00 p.m. t Call to Order — Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mr. Ken Ratcliff, Schertz Church of Christ) City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation and update from the Schertz Sweetheart Court (D. Harris/M. Spence) • Presentation/discussion and possible action regarding Landmark Property Designations (B. James /D. Weirtz) • Presentation and update on the City of Schertz Drainage (J. Bierschwale /S. Willoughby) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 12 -03 -2013 Council Agenda Workshop • Discussion and consideration and/or action regarding Council Liaison appointment positions on the various City boards and commissions. (Mayor Carpenter /Council) ■ ASA Commuter Rail District Board — Lone Star — effective Jan. 1, 2014 ■ Audit Committee ■ Investment Committee ■ Randolph Joint Land Use Study (JULUS) Executive Committee • Discussion and consideration and/or action regarding City Boards, Commissions and Committees Roles and Responsibilities. (Mayor Carpenter /Council) Consent Agenda Items The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of November 18, 2013. (J. KesselB. Dennis) 2. Ordinance No. 13 -T -57 — Consideration and/or action approving an Ordinance authorizing a budget adjustment in the amount of $135,086 from the Water Construction funds for the relocation of the 16 -inch high pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective date. Final Reading (J. Bierschwale /J. Hooks) 3. Resolution No. 13 -R -101 — Consideration and/or action approving a Resolution authorizing a modification to the existing 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. (J. Kessel /P. Gaudreau) Discussion and Action Items 4. Resolution No. 13 -R -102 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Guadalupe County Appraisal District for the 2014 -2015 Term. (D. Harris /Mayor & Council) 5. Resolution No. 13 -R -103 — Consideration and /or action approving a Resolution casting votes to elect Directors for the Bexar County Appraisal District for the 2014- 2015 Term. (D. Harris /Mayor & Council) 12 -03 -2013 City Council Agenda Page - 2 - 6. Resolution No. 13 -R -104 — Consideration and/or action approving a Resolution casting votes to elect Directors for the Comal County Appraisal District for the 2014- 2015 Term. (D. Harris /Mayor & Council) 7. Ordinance No. 13 -S -58 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending the Code of Ordinances, Unified Development Code (UDC) Section 21.4.9 Designation of Landmark Properties, Heritage Neighborhoods providing a Reversionary Clause; providing a Repealing Clause; providing a Severability Clause; providing a Penalty Clause; and providing an effective date. First Reading (B. James /B. James) 8. Resolution No. 13 -R -100 — Consideration and/or action approving a Resolution authorizing a First Amendment to the Development Agreement with Caterpillar, Inc., and other matters in connection therewith. (J. Kessel/D. Gwin) Roll Call Vote Confirmation Requests and Announcements 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information. 12. 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; and Consultations with the City Attorney regarding advice on legal matters; 12 -03 -2013 City Council Agenda Page - 3 - 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 13. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 27th DAY OF NOVEMBER 2013 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. grevok2 Devuva's renda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 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 Carpenter Mayor Pro -Tem Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee Schertz Housing Board Liaison Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Scauliola — Place 2 Councilmember John - Place 3 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation 12 -03 -2013 City Council Agenda Page - 4 - Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Hal Baldwin Scholarship Committee 12 -03 -2013 City Council Agenda Page - 5 - Schertz Historical Preservation Committee Application for Landmark Property or Heritage Neighborhood Designation This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the city limits and/or extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark" property or a Heritage Neighborhood. "Landmark" shall mean any site or structure, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared as such by a majority vote of the Schertz City Council that is of exceptional cultural, archaeological, or architectural significance. "Heritage Neighborhood" shall mean a significant concentration, linkage, or continuity of sites or structures united architecturally, archaeologically, or culturally, by plan or physical development. NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas 78154 TELEPHONE NUMBER: 210 - 619 -1100 NOMINATION FOR: Landmark Property NOMINEE: 511 Main Street, Schertz, Texas (Former Schertz State Bank Building) SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: The city's first commercial bank was established by charter dated June 17, 1913 and open for business on August 7, 1913 under the name Schertz State Bank (bank charter). In preparation for chartering, thirty stock holders joined together to purchase a total of 118 shares of stock at $100.00 per share. The bank began business with $10,000 capital. The first bank president was Dr. John B. Holt. The bank has remained in the ownership of local Schertz and Cibolo stockholders and /or Schertz private citizen (Dr. Roy Richards) for all but a few years (1970 -1971) of its existence. The site chosen for construction of the bank building was what is today identified as 511 Main Street. Initially, the bank building was a single unattached brick structure separated by a gravel road from the two adjacent buildings that formed the Schertz Mercantile Store. The exact date of the bank building's construction is unknown but is believed to have been within a Schertz Historical Preservation Committee Application for Landmark or Heritage Neighborhood Designation Page 2 year or two of the bank's chartering. At an unknown date, the bank building was expanded and made to join walls with the mercantile buildings. During the period 1913 to 1953 there were approximately ten different Bank Presidents. Mr. E. Zander was Bank President from the early 1920s to the early 1930s. Mr. Rudolph Ulrich was the bank's third President and Board Chairman. Herbert P. Thulemeyer took over as Bank President from Mr. Ulrich. Thulemeyer and his wife lived in an apartment above the bank building. In 1972, Dr. Roy Richards and his wife Ann purchased the bank and hired Melvin Golla as President. The bank's assets at the time were $2.5 million. Today the bank is owned by Roy Richards, Jr. and has assets of $189.8 million. The original bank building (as expanded) still stands at 511 Main Street, Schertz, Texas and today is used as a church. The bank building served as the community's primary banking facility for 61 years before being replaced by a new bank facility in October 1974. The bank was and continues to be of vital importance to the City's growth and prosperity. Recognizing the original bank building's role in the economic history of the community through designation as a Schertz historic landmark property would be most appropriate in light of the bank's centennial celebration this year. SECTION B. COMMITTEE ACTION 4/25/2013 X APPROVED ❑ APPROVED WITH MODIFICATION ❑ DENIED SECTON C. CITY COUNCIL ACTION ❑ APPROVE ❑ APPROVE WITH MIDIFICATION ❑ DENIED 0 Schertz Historical Preservation Committee Application for Landmark Property or Heritage Neighborhood Designation This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the city limits and/or extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark" property or a Heritage Neighborhood. "Landmark" shall mean any site or structure, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared as such by a majority vote of the Schertz City Council that is of exceptional cultural, archaeological, or architectural significance. "Heritage Neighborhood" shall mean a significant concentration, linkage, or continuity of sites or structures united architecturally, archaeologically, or culturally, by plan or physical development. NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas 78154 TELEPHONE NUMBER: 210- 619 -1030 E -MAIL: weirtzlgyahoo.com NOMINATION FOR: Landmark Property NOMINEE: Comal General Store (AKA: Kneupper General Store), 6565 FM 482 and homestead, Schertz, Texas SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: Comal Settlement is a historic landmark community that traces its beginnings to the mid - 1800s. The Comal ( Kneupper) General Store was an integral part of this rural community. The store supplied the residents of Comal Settlement with their daily food and drink provisions. It served as a trading post of sorts where local farmers arrived with eggs, butter, honey, molasses and dairy products to exchange them for other commodities they themselves could not produce. The store served as the community's social gathering spot on Friday and Saturday nights and as a town hall whenever community issues needing resolution arose. While the children played in the field outside the store on weekend evenings, the adults gathered inside to play cards, sing, dance and catch up on the weekly gossip and family news. Schertz Historical Preservation Committee Application for Landmark Property or Heritage Neighborhood Designation Page 2 While there is no exact date for the Store's opening, it is estimated by family members that it was constructed in about 1907. The first known owner and operator of the store was Louis Kneupper. Upon his death in 1944, Louis passed ownership to his son Eugene Kneupper. Eugene kept the store in operation until 1958 when the operations were past to Marshall and Kathleen ( Kneupper) Grae£ The store ended business operations in 1973 and has remained vacant since. The Comal General Store, although in a deteriorated state, remains standing unused in the midst of the Comal Settlement Community. The store building represents a unique example of store front architecture of the 19th and early 20th century rural landscape. The structure represents a time and place of historic importance to the citizens of Comal County. There are few remaining examples of early rural Comal County settlement business operations such as the Kneupper General Store. The store warrants recognition as a Schertz landmark property based upon its age, its social importance to early settlement community, its architectural uniqueness and its role as a product supplier for one of the first South Texas farm communities. SECTION B. COMMITTEE ACTION X APPROVED ❑ APPROVED WITH MODIFICATION ❑ DENIED SECTION C. CITY COUNCIL ACTION ❑ APPROVE ❑ APPROVE WITH MIDIFICATION ❑ DENIED 2 Schertz Historical Preservation Committee Application for Landmark Property or Heritage Neighborhood Designation This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the city limits and/or extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark" property or a Heritage Neighborhood. "Landmark" shall mean any site or structure, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared as such by a majority vote of the Schertz City Council that is of exceptional cultural, archaeological, or architectural significance. "Heritage Neighborhood" shall mean a significant concentration, linkage, or continuity of sites or structures united architecturally, archaeologically, or culturally, by plan or physical development. NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas 78154 TELEPHONE NUMBER: 210 - 619 -1100 NOMINATION FOR: Landmark Property NOMINEE: 104 Church Street, Schertz, Texas SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: The earliest known owner of the property was Henry and Wilhemine Pfeil. Henry Pfeil was a descendant of Anton Pfeil, who was among the first families to settle Schertz, Texas. The date the house was built is unknown but believed to have been approximately 1916. The size of the original house was 2,018 square feet, large for its time. The house passed into the ownership of August and Anna Habermann (grandparents of Allen Biegert, Sr.). Allen Biegert, Sr. and his wife Agnes lived in the home for some time as did his son Allen Biegert, Jr. and his wife Ruby. The latter Biegert's lived in the home from 1948 until 1962. The home was sold to Rex and Dianne Bormann in 1978 and they completed an extensive eight month home remodeling project that dismantled three former additions and added new rooms to the interior. In 1995, the Bormann's sold the house to William and Nanette Wilson who currently reside in the residence. Schertz Historical Preservation Committee Application for LandmarkProperty or Heritage Neighborhood Designation Page 2 The property on which the Wilson home sits consists of three acres of land. The exterior of the home retains much of the same look as to what its original construction provided with the exception of the addition of an upstairs dormer window and a handicap ramp on the front of the house. The home is an excellent representation of early 20th century design and was among the first homes to be build within what is now a Schertz's heritage neighborhood. The Pfeil family were prominent citizens within the city. The Habermanns and Biegerts also have long and historic connections to the city. Thus, due to age and occupancy, this home is deserving of designation as a Schertz Landmark Property. SECTION B. COMMITTEE ACTION X APPROVED ❑ APPROVED WITH MODIFICATION ❑ DENIED SECTON C. CITY COUNCIL ACTION APPROVE ❑ APPROVE WITH MIDIFICATION ❑ DENIED 4 Schertz Historical Preservation Committee Application for Landmark Property or Heritage Neighborhood Designation This application is to serve as the means by which citizens may apply for approval to have a structure, residence, neighborhood, or designated area within the city limits and/or extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark" property or a Heritage Neighborhood. "Landmark" shall mean any site or structure, designated by the Schertz Historical Preservation Committee (Commission) (SHPC) and declared as such by a majority vote of the Schertz City Council that is of exceptional cultural, archaeological, or architectural significance. "Heritage Neighborhood" shall mean a significant concentration, linkage, or continuity of sites or structures united architecturally, archaeologically, or culturally, by plan or physical development. NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas 78154 TELEPHONE NUMBER: 210 -619 -1100 NOMINATION FOR: Landmark Property NOMINEE: 509 Main Street, Schertz, Texas (One Main Plaza Building) SECTION A. DESIGNATION REQUEST STATEMENT OF JUSTIFICATION: The building under consideration for landmark status was the first of two solid brick buildings constructed as business establishments within the City of Schertz. The builder was William Schertz, son of Schertz founder Sebastian Schertz. The exact date of its construction is unknown, however, the building predatee its adjoining structure (William Schertz Mercantile Store) which is known to have been constructed in 1906. Evidence of the building being built prior to the adjoining building (1906) is captured through early photographs of the building which show it as a free standing structure whereas photographs of the 1906 constructed building show both buildings attached one to the other. Thus, the 1906 construction was a merger project with the subject building. Schertz Historical Preservation Committee Application for Landmark or Heritage Neighborhood Designation Page 2 Statement of Justification Cont. The building's original business use was as a mercantile store. The store served farmers throughout the three county areas of Guadalupe, Comal, and Bexar Counties. The William Schertz Mercantile Store eventually grew in size and customer service until it was the largest such business in the region. The building has served several purposes during its lifetime. It has served the community as one of its first post offices, as a grocery, an ACE Hardware Store, a professional office complex, and most recently as a business /coffee house complex. The age and significant usage of this building makes it a worthy candidate for the City of Schertz landmark designation. SECTION B. COMMITTEE ACTION 4 -25 -2013 X APPROVED ❑ APPROVED WITH MODIFICATION ❑ DENIED SECTION C. CITY COUNCIL ACTION APPROVE ❑ APPROVE WITH MIDIFICATION ❑ DENIED 4 104 Church Street— Former home of Henry & Wilhemine Feil (circa approx.1916) ��� I ., �� =± i '� Drainage Division Update 2013 Who we are. Pictured left to right: James A. Hooks, Assistant Public Works Director, Tyler Warneke, Drainage Worker I, Bryan Jones., Drainage Worker I, Kevin Anderson, Drainage Foreman, Isaac Garcia, Drainage Worker I, and Daniel Pequeno, Drainage Worker II. What we do. Vision Statement: To provide the infrastructure for managing stormwater and drainage for the safety of the community. Mission Statement: To operate, maintain, and improve the infrastructure for efficient and safe collection and discharge of stormwater and drainage. Where we work. Existing Channels E • Existing Culverts s Existing Storm Drains Schertx Municipal Boundary Stream Flowline DRY CDMAL Miles CREEK WATERSHED 0 112 1 11/2 2 CIBC WA F�' y^„ • • • 1�. •,rte � • r • • • �. . •,, • r�, • t' 1 O • y f< � � m i 'a. TDWNCREEK WATERSHED SANTA CLARA £REEK WATERSHED Where we work. .� .. Existing Channels � tom• � � • Existing Culverts F '�y . �•v V ¢si Existing Storm drains �'sr GSchertx Municipal Boundary Stream Flowline Miles a 112 t 11/2 z ? 4� v i,l �EftS WOMAN f �O CREEK V R 0 f Z SALITRILLO m % CREEK + �.. WATERSHED CISOLO CREEK WATERSHED Why we do what we do. Vegetation and Erosion Control Protection of Life and Property The equipment that we need to do our job. v� _ The equipment we need to do our job. What we plan to do. Who we are hiring. Storm Water Manager • Position is needed to manage the second phase of the Storm Water Permit Program and Drainage Department Employees. • In selection process What we have done. Control of Storm Water Run -off Our rules and regulations. Construction Storm Water Ordinance Our preventative measures. At Illicit Discharge and Connection Flood Damage Prevention How we help. Our process improvement. I 8L,OCK...17 ti $ '0 Y +v t y SCHERTZ } 17 srx, 1+%00 SDEWA xa } Y I ti t ti 26 Y / 1 LP ti' y EL x 14 r t �oemaue aru�, yl t i � t' I Drainage Ordinance Modifications Our process improvement. -.1, Drainage Ordinance Modifications k The bottom line. The Drainage Division strives for the positive results from floodplain regulation, safety for citizens and businesses, and vegetation control by proper maintenance of the drainage channels and right -of -ways. The Drainage Division is a vital and important part of the City of Schertz. Workshop CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Council Subject: Workshop — Discussion and consideration and/or action regarding the various Council liaison positions on City Boards and Commissions BACKGROUND Now that we have new Councilmembers it is time Council take the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments within the City. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discuss the following City Liaison Assignments: Animal Control Advisory Committee: Currently Councilmember Scagliola serves ASA Commuter Rail District Board — Lone Star: Councilmember Antuna had served. We need to appoint a Councilmember effective January 1, 2014. Audit Committee: Currently Mayor Carpenter and Councilmember Edwards serve. Councilmember Verinder had served on this committee. We need to annoint another Councilmember. Cibolo Valley Local Government Corporation: Currently Councilmember Scagliola serves Hal Baldwin Scholarship Committee: Currently Mayor Carpenter and Councilmember Edwards serves Interview Committee for appointments to City Boards and Commissions: Currently Mayor Carpenter, Mayor Pro -Tem Fowler, and Councilmember Scagliola serve City Council Memorandum Page 2 Investment Advisory Committee: Currently Mayor Carpenter serves. Councilmember Verinder also served. We need to appoint another Councilmember to serve. Randolph Joint Land Use Study (JULUS) Executive Committee: Councilmember Antuna served. We need to appoint another Councilmember. Schertz Housing Board Liaison: Currently Mayor Pro -Tem Fowler serves Schertz- Seguin Local Government Corporation: Currently Councilmember Scagliola serves as an Ex- officio Sweetheart Advisory Committee: Currently Councilmember Scagliola serves TIRZ II Board: Currently Mayor Carpenter serves Mayor Carpenter serves as the City's primary representative on the following agencies: Northeast Partnership Greater Bexar County Council of Cities Guadalupe County Mayors Association Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular meeting on November 18, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of November 18, 2013. ATTACHMENT Minutes — Regular meeting November 18, 2013. MINUTES REGULAR MEETING November 18, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 18, 2013, at 7:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Mayor Pro -Tern Jim Fowler Councilmember David Scagliola Councilmember George Antuna (Outgoing) Councilmember Cedric Edwards Councilmember Sydney Verinder (Outgoing) Councilmember Daryl John (Incoming) Councilmember Matthew Duke (Incoming) Staff Present: Executive Director David Harris City Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER: r V� tanager John Kessel ?ive Director Brian James of Staff Bob Cantu Deputy City Secretary Donna Schmoekel Mayor Carpenter called the Regular Meeting to order at 7:00 AND PLEDGES OF ALLEGIANCE TO THEAGS OF THE STATES AND THE STATE OF TEXAS. Mayor Pro -Tem Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized the following who were in the audience this evening: • Guadalupe County Judge Larry Jon • Guadalupe County Commissioner Pct. 3 Jim Wolverton • Guadalupe County Constable Pct. 3 Michael Skrobarcek • Selma Mayor Tom Daly • Selma Councilmember Jose Silva Mayor Carpenter also recognized Evan O'Berg, Troop 512. Evan O'Berg came forward stating he was here this evening as it was a requirement for his Citizenship in the Community Merit Badge. He also stated that he is working on his Eagle Scout. 1. Resolution No. 13 -R -99 — Consideration and/or action approving a resolution approving the Canvass of the November 5, 2013 Returns and Declaring the Results of the Election; and other matters in connection therewith (Mayor Carpenter/B. Dennis) RESOLUTION NO. 13 -R -99 11 -18 -2013 Minutes Page - 1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 5, 2013 GENERAL ELECTION RESULTS. Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item stating the election results that she was about to provide were the certified results from the Elections Administrators of the three counties in which Schertz is located: Bexar, Guadalupe, and Comal. State law requires that the City canvass the results of the City's elections by a specific date, and today is the last day to do so. She stated we are canvassing the specific tabulations provided by each Elections Administrator. By canvassing these results, the City Council is certifying that these results are the results for purposes of canvassing the election that the City has received from the elections administrators in the three counties that conducted the election for the City. The combined vote totals included early voting, election day voting, and mail -in ballots results. ,MIL The City charter requires that a candidate who received the most votes shall be declared elected. Ms. Dennis provided the following information: Bexar Bexar Comal Comal Guadalupe Guadalupe County County County County County County Total EV ED EV ED EV ED Votes Place 3 Daryl John Bert Crawford 20 10 15 2 15 14 17 3 1 12 XV2 2 4 2 18 3 15 1 03 13 602 519 1168 563 431 1043 602 470 1117 605 529 1192 614 509 1181 512 420 968 3498 2878 6669 Ms. Dennis stated the total of votes cast during early voting was 3704 by personal appearance, and 2965 votes were cast on Election Day. The total number of votes cast in this election was 6669. Ms. Dennis stated the following: Daryl John Is hereby declared elected to Office of Councilmember Place 3. Cedric Edwards Is hereby declared elected to the Office of Councilmember Place 4. Matthew Duke Is hereby declared elected to the Office of Councilmember Place 5. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Antuna, to approve Resolution No. 13 -R -99. The vote was unanimous 11 -18 -2013 Minutes Page - 2 - with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder voting yes and no one voting no. Motion Carried. 1 A. Oath of Office – (B. Dennis) A. Newly Elected Officers – Oath of Office administered to Daryl John Place 3, Cedric Edwards Place 4, and Matthew Duke Place 5. (B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who administered the Oath of Office to Daryl John Place 3, Cedric Edwards Place 4, and Matthew Duke Place 5. B. Certificate of Election – Presentation of Certificate of Election. (Mayor Carpenter) Mayor Carpenter presented the new Councilmem er ith the ificates of Election. Mayor Carpenter recessed the meeting at 7:13 p.m. for a 1 minute recess. Mayor Carpenter reconvened into the Regular Session at 7:29 p.m. and recognized the outgoing Councilmembers Antuna and Verinder who provided their comments and thanks for being able to serve the Citizens of Schertz while serving on the Council. Each commented on the dedication of Council and staff as the City continues to grow. Mayor Carpenter recognized newly elected Councilmembers John, ds, and Duke who thanked those who supported their campaign and thanked their family in be Hearing of Residents: This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. -hovft 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. "Al 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 Schertz Chamber President Maggie Titterington who provided an update on the Chamber activities for this past fiscal year. She stated that over 1,372 visitors came to the chamber visitor center and 30% of these visits were city area related. They took in 3,500 calls, 661 of those calls also being local inquiries— meaning people had local information needs. She also provided data on the Schertz Chamber website; its members and directory together recorded a total amount of inquiries of 5,013 and almost 17,000 hits via search engine activity. She added that the Chamber has been very active in other activities in the area including the disbursement of over 11 -18 -2013 Minutes Page - 3 - $7,000 to different projects through DECA, A program to teach youth skills needed to run a business. She continued by providing some reminders of various upcoming events. Presentations • Presentation and update on the City of Schertz Capital Improvement Projects (J. Kessel /P. Gaudreau) Mayor Carpenter recognized Owners Representative, Phil Gaudreau who gave a presentation and update on the city's Capital Improvement Projects, including the new Animal Services Adoption Facility, Soccer Complex, Baseball Fields, and upcoming Aquatic Center. The Animal Adoption Center is a separate free - standing facility from the original location. A move -in date is anticipated for late January or February of 2014. The Soccer field under construction has multiple parking lots, a concession building with restrooms, twelve playing fields and parking for over 600 cars which includes color coded directives to guide visitors to the correct playing fields. This project will be ready in late 2014. There are also three new Baseball fields currently under construction. A finish out date for them will possibly be in January 2014. The fields are of different sizes which will accommodate a variety of age groups and also be large enough to host regional competitions. Under the current scope of the project no bleachers will be added, but there is space available to add them at a future date. The aquatic facility is proposed to be located adjacent to the YMCA recreation building. They are confirming the size of the footprint, which is a 25 meter by 25 yard body of water with support facilities, as well as possibly a second body of water that can be used for other purposes. Final negotiations are in progress and may be brought back to Council in December 2014. City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements and upcoming events: Tuesday, November 19, 2013 11:00 a.m. to 1:00 p.m. — City Staff Thanksgiving Feast — Schertz Civic Center. Tuesday, November 19, 2013 5:30 p.m. — Ribbon Cutting Schertz - Cibolo Universal City ISD — 205 Schlather Road (Old Wiederstein Elementary) - Friday, November 22, 2013 — Guadalupe County Master Gardners ` Appreciation Day Celebration — County Annex Building, 1101 Elbel Road behind the building at 11:00 a.m. Friday, November 22, 2013 — Fashion Affair Clothing Boutique Ribbon Cutting — 9:30 a.m. — 6051 FM 3009 — across the street from Wal -Mart. Tuesday, November 26, 2013 — No City Council meeting due to Thanksgiving Holiday. Saturday, November 30, 2013 — Schertz Sweethearts — Christmas in Comfort. Tuesday, December 3, 2013 — City Council Photos — 5:00 p.m. to 6:00 pm. Individual photos will be taken from 5:00 p.m. to 5:45 p.m. Group Photos will be taken at 5:45 p.m. — City Council Chambers. 11 -18 -2013 Minutes Page - 4 - Friday, December 6, 2013 — Festival of Angels — 6:00 to 10:00 p.m. — Hal Baldwin Municipal Complex. Lighted Night Parade begins at 6:30 p.m. from Pickrell Park. Musical entertainment provided. Saturday, December 7, 2013 — Kris Kringle Market — 9:00 a.m. to 4:00 p.m. — Schertz Parkway and Main Street. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that our Municipal Court Clerk Certification Program continues. He recognized Patti Vel-'z, Angela Green, and Shannon Del Toro who recently received their Texas Municipal Courtlerk re- certification. Mr. Kessel also reminded Council of the upcoming December 6, 2013 Council Leadership Training which will be held at the Fairfield Inn & Suites, Schertz, Texas. Mayor Carpenter recognized Councilmember Duke who asked about procedures on voting on the consent agenda items since he and Councilmember John were not present before. Mayor Carpenter stated that they could pull the minutes and vote on them separately and the new council members could either vote as present or abstain. Mayor Carpenter removed agenda item n er 2 for separate action. Consent Agenda Items 3. Resolution No. 13 -R -96 — Consideration and/or action approving a Resolution authorizing an amended Professional Services Agreement with Jackson A &E Associates, Inc., and other matters in connection therewith. (J. Kessel /B. James) The following was read into record: RESOLUTION NO. 13 -R -96 Al A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH 4. Schertz- Seguin Local Government Corporation Council Ex- Officio Liaison Member — Consideration and /or action regarding the appointment of Councilmember David Scagliola to serve as an Ex- Officio Member on the Schertz - Seguin Local Government Corporation Board. (J. Bierschwale /J. Bierschwale) The following was read into record: The appointment of Councilmember David Scagliola to serve as an Ex- Officio Member on the Schertz - Seguin Local Government Corporation Board. 11 -18 -2013 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro - Tem Fowler, to approve consent agenda items 3 and 4. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Discussion and Action Items 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular meeting of November 12, 2013. (J. KesselB. Dennis) Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Edwards, to approve the minutes of November 12, 2013. The vote was 4 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards voting yes and no one voting no, and Councilmember Duke abstai 'n .. Motion Carried. 5. Ordinance No. 13 -T -56 — Consideration and/or approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013 -14 Budget items related to the Commercial Place Properties Rehabilitation, Improvement, and Upgrade projects which will be funded through rental revenue and sales of recyclable material; repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Rfading (J. Biersch /S. Willoughby /C. Raleigh) Mayor Carpenter stated that staff has requested that this item ulled from the agenda. 6. Resolution No. 13 -R -97 — Consideration and/or ac proving a Resolution authorizing an amendment to the Fee Schedule of the City of Sch z Texas, to reflect the actual Cibolo Creek Municipal Authority Wastewater Treatment Rates for FY 2013 -14. Q. Bierschwale /S. Willoughby) mi The following was read into record: VY RESOLUTION NO. 13 -R -97 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE FEE SCHEDULE TO REFLECT THE ACTUAL CIBOLO CREEK MUNICIPAL AUTHORITY WASTEWATER TREATMENT RATES FOR FY 2013 -14. Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this item answering questions and taking comments from Council. Mr. Willoughby stated that the City performed a study for water and wastewater rates in 2013 to ensure that revenues would meet fiscal year budget expenditures for the next five years. The Public Works Department presented these fees to City Council on July 30, 2013 and Council approved Resolution 13 -R -60 approving the proposed rates. The City approved Ordinance No. 13 -M -27 setting the fees for the FY 2013 -14 Budget on August 6, 2013. On November 5, 2013, the City received the adopted Cibolo Creek Municipal Authority Rate Structure. The CCMA rate structure differs from the rates that the 11 -18 -2013 Minutes Page - 6 - City adopted in the FY 2013 -14 Fee Schedule. The City portion is not changing; however, staff believes that it is best to pass a resolution modifying the City of Schertz Schedule of Fees. The CCMA fees are less than projected and staff is modifying the Resolution to reflect the actual fees. Staff recommends Council approve Resolution No. 13 -R -97 setting the updated wastewater rates for FY 2013 -14. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by Councilmember Edwards, to approve Resolution No. 13 -R -97. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 7. Ordinance No. 13 -T -57 — Consideration and/or action approving an Ordinance authorizing a budget adjustment in the amount of $135,086 from the Water Construction funds for the relocation of the 16 -inch high pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective date. First Reading (J. Bierschwale /J. Hoofs) The following was read into record: I r ORDINANCE NO. 13 -T -57 411 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF THE 16- INCH HIGH PRESSURE REUSE WATERLINE OWNED AND OPERATED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY THAT IS LOCATED IN THE FUTURE PLANNED EXTENSION OF LIVE OAK ROAD TO THE NEW 25 -FOOT EASEMENT OWNED BY CIBOLO CREEK MUNICIPAL AUTHORITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mr. Willoughby stated the future planned extension of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority's easement that contains a 16" high pressure reuse water line. CCMA has indicated that the line may remain in Live Oak Road, but if repairs are completed on the line, they do not want to be responsible for roadway repairs. This high pressure line, approximately 10 -feet deep, has experienced several breaks in the last 12 months. Based on estimates to repair the road after one or two breaks, the cost to relocate the waterline to CCMA's other easement is the most efficient and cost - effective plan for the City. CCMA is currently upgrading a sewer transmission line in the same area; and they have already completed the bid process and based on bids submitted by the best qualified bidder the cost to relocate the line is $135,086. CCMA will manage the relocation process and the City will be the financially responsible party. Staff recommends that the City relocate the 16- inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the new 25 -foot easement owned by COMA. 11 -18 -2013 Minutes Page - 7 - Staff recommends approval of Ordinance No. 13 -T -57 approving a budget transfer in the amount of $135,086 from the Water Construction Funds to the Water/Wastewater Operating Budget to relocate the 16 -inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the other easement owned by CCMA. Staff recommends approval. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13 -T -57 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretar items 1 through 7, excluding item 5. Executive Session Called under: rtes of Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; and Consultations with the City Attorney regarding advice on legal matters; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Mayor Carpenter recessed the regular meeting into executive session at 8:30 p.m. Reconvene into Regular Session Mayor Carpenter reconvened the meeting at 9:03 p.m. 12. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 11 -18 -2013 Minutes Page - 8 - Mayor Carpenter recognized City Manager John Kessel who again reminded Council of the upcoming retreat for December 6, 2013 and December 13, 2013. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10 Mayor Carpenter recognized Councilmember Scagliola who requested an update be brought to Council before the end of the year on business signs; how effective it has been to manage bandit signs. Requests by Mayor and Councilmembers to City Manager No requests made. 11. Announcements by Mayor and Councilmembers Staff for information. • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments b ) • 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 Fowler who stated he attended the following: • Community Volunteer Banquet & Steve Simonson Award, Thursday, November 14, 2013, Schertz Civic Center, 6:30 p.m. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • Community Volunteer Banquet & Steve Simonson Award, Thursday, November 14, 2013, Schertz Civic Center, 6:30 p.m. Chamber of Commerce Business Appreciation Banquet, November 15, 2013, Schertz, Civic Center, 6:00 p.m. Councilmember Scagliola also formally announced his candidacy for Guadalupe County Commissioner Precinct 4 for the 2014 primary elections. Mayor Carpenter recognized Councilmember Edwards who stated he attended the following: • Chamber of Commerce Business Appreciation Banquet, November 15, 2013, Schertz, Civic Center, 6:00 p.m. Mayor Carpenter recognized Councilmember Duke who stated he attended the following: 11 -18 -2013 Minutes Page - 9 - • Chamber of Commerce Business Appreciation Banquet, November 15, 2013, Schertz, Civic Center, 6:00 p.m. Mayor Carpenter requested that EMS Director Dudley Wait come forward. Mayor Carpenter commended Mr. Wait on his leadership and many other contributions in guiding his team of people towards a high level of efficiency when responding to cardiac emergency calls. The Schertz EMS works within a network of 22 surrounding counties that are trained to quickly diagnose the cardiac emergency at hand and coordinate with local hospitals as to the patient's needs. Because of this region's superior success rate, other parts of the country are now looking at what we have done to elevate our high patient survival rate. Adjournment As there was no further business, the meeting was Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 11 -18 -2013 Minutes Page - 10 - CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2013 Department: Public Works Agenda No. 2 Subject: Ordinance No. 13 -T -57 — An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment in the amount of $135,086 from the Water Construction Funds for the relocation of the 16 -inch high - pressure reuse waterline owned and operated by the Cibolo Creek Municipal Authority that is located in the future planned extension of Live Oak Road to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final Reading BACKGROUND The future planned extension of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority's easement that contains a 16" high pressure reuse water line. CCMA has indicated that the line may remain in Live Oak Road, but if repairs are completed on the line, they do not want to be responsible for roadway repairs. This high pressure line, approximately 10 -feet deep, has experienced several breaks in the last 12 months. Based on estimates to repair the road after one or two breaks, the cost to relocate the waterline to CCMA's other easement is the most efficient and cost - effective plan for the City. CCMA is currently upgrading a sewer transmission line in the same area; and they have already completed the bid process and based on bids submitted by the best qualified bidder the cost to relocate the line is $135,086. CCMA will manage the relocation process and the City will be the financially responsible party. Staff recommends that the City relocate the 16 -inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the new 25 -foot easement owned by COMA. City Council approved this on first reading at their meeting of November 18, 2013. Goal: To complete a budget transfer in the amount of $135,086 from Water Construction Funds to the Water /Wastewater Operating Budget to relocate the 16 -inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the other easement owned by CCMA. Community Benefit: By investing in relocating the reuse line, the City will save funds to repair Live Oak Road if the high - pressure line breaks. Summary of Recommended Action: Approve final reading of Ordinance No. 13 -T -57 approving a budget transfer in the amount of $135,086 from the Water Construction Funds to the Water /Wastewater Operating Budget to relocate the 16 -inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to the other easement owned by CCMA. FISCAL IMPACT $135,086 from the Water Construction Fund. STAFF RECOMMENDATION Staff recommends approval of the budget adjustment Ordinance No. 13 -T -57, final reading. ATTACHMENT(S) Ordinance No. 13 -T -57 Letter from CCMA regarding the relocation of the 16" Proposal from Pesado Construction to CCMA ORDINANCE NO. 13 -T -57 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF THE 16 -INCH HIGH PRESSURE REUSE WATERLINE OWNED AND OPERATED BY THE CIBOLO CREEK MUNICIPAL AUTHORITY THAT IS LOCATED IN THE FUTURE PLANNED EXTENSION OF LIVE OAK ROAD TO THE NEW 25 -FOOT EASEMENT OWNED BY CIBOLO CREEK MUNICIPAL AUTHORITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 13 -T -34, the City of Schertz adopted the budget for the City for the fiscal year 2013 -14, which provides funding for the City's operations throughout the 2013 -14 fiscal year; and WHEREAS, The future planned extension of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority's easement that contains a 16 -inch high pressure reuse water line; and WHEREAS, Cibolo Creek Municipal Authority has indicated that the line may remain in Live Oak Road, but if repairs are completed on the line, they do not want to be responsible for roadway repairs; and WHEREAS, the high - pressure reuse line, approximately 10 -feet deep, has experienced several breaks in the last 12 months; and WHEREAS, the City staff believes that it is in the best interest of the City to relocate this high - pressure reuse line based on estimates to repair the road after one or two breaks; and WHEREAS, the City needs to adjust the budget in the amount of $135,086 from the Water Construction Funds for the relocation of the 16 -inch high pressure reuse line owned and operated by the Cibolo Creek Municipal Authority to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; and WHEREAS, the City staff recommends that the City Council approve this Ordinance increasing the FY 2013 -14 Budget by the transfer of $135,086 from the Water Construction Funds for expenses related to the relocation of the 16 -inch high pressure reuse line owned by Cibolo Creek Municipal Authority; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the budget to establish additional expenditures in the FY 2013 -14 Budget, 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 FY 2013 -14 Budget to transfer $135,086 from the Water Construction Funds for the expenses related to the relocation of the 16 -inch high - pressure reuse line owned by Cibolo Creek Municipal Authority. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 18`h day of November, 2013. PASSED AND APPROVED ON THE FINAL READING, the 3rd day of December, 2013. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- ' -1c OkfTRtl CTt071;':4bOM M)ix October 11, 2013 Cibilo Creek Municipal Authority 100 Dietz Rd Schertz, TX 78154 Attn.: Nick Sherman Ref.: Olympia Retama Wastewater Project Subject: Change Proposal #03 — Reclaimed Water Main Realignment Dear Mr. Sherman, PCC /CCMA -001 Pursuant to your request for pricing in regards to the aforementioned subject, Pesado Construction Co. (PCC) offers the attached proposal for your review and approval. In summary the change will result in an increase of $135,086.00 (One Hundred Thirty -Five Thousand Eighty -Six Dollars and Zero Cents) to the contract price and 0 days to the project schedule. Should you have any questions or would like to discuss this matter further, please contact me at (210) 651 -4462. Sincerely, ✓J � Pesado Construction Co. Shane Ahrens Project Manager Attach: 1367.03 Proposal Cc: Shane Kier — MA(email) Shane Hutson — PCC (email) April Rozler— PCC (email) Unin: 7054 Pipesione - Schema, Texas 78154 • Office: (210) 651 -4452 • Paw (210) 651 -4492 10/11/2013 3:16:52PM Proposal 7054 Pipestone Schertz, TX 78154 Project: Olympia Retama Wastewater Project Proposal #: 1367 -03 - Reclaimed Water Main Realignment Date: October 9, 2013 Contact: Shane Ahrens Cert SBE (SCTRCA) Phone(office): (210 ) 651 -4452 Cert # 210062717 Fax: (210) 651 -4492 NASI Cod7 237110;237130;237310 E -mail: sahrens apesadoconstructionco.com Addenda: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 550 Trench Safety 1,616.00 LF 3.00 4,848.00 828 16" Gate Valve (Complete) 1.00 EA 8,750.00 8,750.00 836 Pipe Fittings 0.40 TN 4000.00 1,600.00 841 Hydrostatic Testing 1.00 EA 2,000.00 2,000.00 848 D /L /B - Pipe, 16" PVC C905 (DR18) 1,616.00 LF 68.00 109,888.00 XXX 16" Tie -In - Water 2.001 EA 1 4,000.001 8,000.00 GRAND TOTAL $135,086.00 Pape 1 of 1 i 0.65AC 25' CCMA Sanitary Sewer and Reclaim Water Easement CURRENT MAIN LOCATION Proposed 60' Extension (Live Oak Road) —/ 0.65 A C 25' CCMA Sanitary Sewer and Reclaim Water Easement PROPOSED MAIN LOCATION Proposed 60' Extension (Live Oak Road) —/ eee e Project Proposal: G G 0.279 A C 25' Sanitary Sewer Easement LIVE OAK RD (PROPOSED) sm N V sm 0.279 A C 25' N Sanitary Sewer rEasement LIVE OAK RD (PROPOSED) g N s Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Parks and Recreation Subject: Resolution 13 -R -101 - Modification to the existing contract for construction of the new soccer fields BACKGROUND Goal To modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,504,037.00 to $3,598,519.00, plus a City controlled contingency of $35,000.00, bringing the not -to- exceed amount to $3,633,519.00 to install lighting on fields number 9 and 10. The current not -to- exceed amount is $3,539,037.00, a difference of $94,482.00. Community Benefit The community will benefit from have having the current soccer contractor provide lighting of two soccer fields, allowing for practice and games at night, in addition to during daylight hours. Reasons for Contract Modifications On November 5, 2015 City Council approved Ordinance 13 -T -55 adjusting the budget for the soccer field project by transferring $115,000.00 from the HOT fund to the project. Coupled with $115,518.00 from a negotiated reduction in cost of the existing contract, lighting can be provided for two soccer fields. RECOMMENDATION Approval of Resolution 13 -R -101 ATTACHMENT(S) Resolution No. 13 -R -101 RESOLUTION NO. 13 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING 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 amend the current agreement with Alpha Building Corporation, Inc. for the renovation of the existing soccer fields and construction of a new concession building and parking lots and associated support systems; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Agreement with Alpha Building Corporation, Inc., and the Change Order attached hereto as Exhibit A (the "Change Order "). 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 a Contract Modification with Alpha Building Corporation, Inc. The total amount payable under this Contract shall not exceed $3,598,519.00 plus $35,000.00 of City contingency funds for a total amount of $3,633,519.00. 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 3rd day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A ALPHA BUILDING CORPORATION, INC CONTRACT MODIFICATION "-AIA Document G701 TM - 2001 Change Order PROJECT (Name and address): Soccer Field Renovations & Concession Building 75 Maske Road Schertz, TZ 78154 TO CONTRACTOR (:Fame and address) City of Schertz 1400 Schertz Parkway Schertz, TX 78154 CHANGE ORDER NUMBER: 001 DATE: I t/ 18/13 ARCHITECT'S PROJECT NUMBER: PO# 13- 63285 CONTRACT DATE: June25, 2013 CONTRACT FOR: General Construction OWNER: ❑ ARCHITECT: ❑ CONTRACTOR: N FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) See Attached Change Ordet# for details. The original Contract Sum was $ 3,504,037.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 3,504,037.00 The Contract Sum will be increased by this Change Order in the amount of $ 94,482.00 The new Contract Sum including this Change Order will be $ 3,598,519.00 The Contract Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. LUCK Design Team, LLC Alpha Building Corporation City- of Schertz ARCHITECT name) CONTRACTOR (Firm name) OWNER (Firm name) 9600 Escarpment Blvd 4738 Whirlwind Drive 1400 Schertz Parkway Suite 745 -4 San Antonio, TX 78217 Schertz, TX 78154 Austin, TX 78749 _ it ADDRESS ADDRESS ADDRESS BY (Signature) BY (Signature) Brent Luck Domingo Lopez. Project 4lanaacr (Typed name) (Tlrped name) (Taped name) 11/18/13 DATE DATE DATE AIA Document G701 TM — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible tinder the law. This document was produced by AIA software at 14 50:24 on 11/2112013 under Order No 3544039425_1 which expires on 12/06/2014, and is not for resale. User Notes: (1802005109) .1NNAILPHR BUILDING CORPORATION First Choice For Facilities Renovation & Construction Alpha Building Corporation Change Order 41 Date: 11/21/13 Owner: City Of Schertz Architect: Brent Luck ALPHA Project No. 9351002 Description: Schertz Soccer Field Complex Option #1- Field #10- Provide light poles, light fixtures, controls, circuitry and installation to completely illuminate Field #10 • Materials- $ 8,050.00 • Labor $ 10,750.00 • Direct Job Expense $ 1,165.00 • Equipment Rental $ 7,620.00 • Fixture Quotes $ 88,660.00 • Misc. Services (Trenching & Drilling) $ 8,683.00 Total: $124,928.00 Option #2- Field #9- Provide 12 light fixtures to be mounted on poles S28 & S31 including required power circuitry and controls installed in Field #10 cost (above) to illuminate half of Field #9 • Materials $ 0.00 • Labor $ 1,693.00 • Direct Job Expense $ 0.00 • Equipment Rental $ 0.00 • Fixture Quotes $ 28,456.00 Total: $ 30,149.00 Option #3- Field #9 poles- Provide poles S27 & S30 and associated light fixtures to complete illumination of field #9 including required installation of power circuitry and controls. • Materials $ 5,718.00 • Labor $ 5,880.00 • Direct Job Expense $ 447.00 • Equipment Rental $ 3,158.00 • Fixtures Quotes $ 35,464.00 • Misc. Services (trenching drilling) $ 4,256.00 Total: $ 54,923.00 Lighting Total: $210,000.00 Credit Back for Off Site Water Line: ($115,518.00) Grand Total: $94,482.00 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Council Subject: Resolution No. 13 -R -102 - Guadalupe County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Guadalupe Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 339 votes to cast. The Candidates are: • Mr. Darren Dunn • Dr. Greg Gilcrease • Mr. Jay Hogue • Mrs. Tavie Murphy • Mr. Louis R. Ramirez, Sr. • Mr. Mark Wilson Schertz - Cibolo- Universal City ISD has cast 1,000 votes for Mr. Wilson, a trustee at the District, and for 472 votes for Dr. Gilcrease. Guadalupe County has cast all of its votes, 957 for Tax Assessor - Collector Tavie Murphy. A total of 5,000 votes are allocated amongst the 21 jurisdictions that are clients of the Appraisal District. FISCAL IMPACT None RECOMMENDATION City Council Memorandum Page 2 Staff recommends Council review the candidates and cast their 339 votes toward the above candidates. One possible option is for Council to cast their 339 votes toward the above candidates as follows: 68 votes each for Dunn, Gilcrease, Hogue, and Murphy and 67 votes for Wilson. ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2014- 2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe County Appraisal District. PASSED AND ADOPTED, this 3rd day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Main Office p 3000 N. Austin St. Seguin, Texas 78155 (830)303 -3313 A U(830)372 -2874 (Fax) October 25, 2013 City of Schertz Michael Carpenter, Mayor Attn: John Kessel, City Manager 1400 Schertz Pkwy. Schertz, Texas 78154 To Whom It May Concern: GUADALUPE APPRAISAL DISTRICT Schertz Substation 1101 Ethel Rd. Schutz, Texas 78154 (210)945 -9708 Ext. 202 (210)566 -1334 (Fas) Board of Directors Dr. Greg Gilcrease- Chairman Mrs. Tavie Murphy- Alice Chair Mrs. Sylvia Schlather- Secretary Mr. Dairen Dunn- Member Mr. Mark Wilson- Member Chief Al maiser Jamie Oslwrne Denuly Chief Aomaiser Erich Strcy Enclosed is an Official Ballot to cast votes for the Guadalupe Appraisal District's Board of Directors election. Directions and a resolution format for submission are enclosed. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote, shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser before December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, and declare the five candidates who receive the largest cumulative vote totals. The results shall be submitted before December 31, 2013 to the governing body of each taxing unit in the District and to the candidates. Please call if you should have any questions in this regard. OFFICIAL BALLOT TO ELECT BOARD OF DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR 2014 -2015 Issued to: CITY OF SCHERTZ Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate. You may cast all of your votes for one candidate, or divide those votes among any number of the candidates. You have 339 total available votes. CANDIDATES (listed alphabetically) 1. Mr. Darren Dunn 2. Dr. Greg Gilcrease 3. Mr. Jay Hogue 4. Mrs. Tavie Murphy 5. Mr. Louis R. Ramirez, Sr. 6. Mr. Mark Wilson RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2014 -2015 TERM WHEREAS, Section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe Appraisal District before December 15, 2013. THEREFORE, THE submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2014 -2015. ACTION TAKEN this day of , 2013, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe Appraisal District. ATTEST: Signature of Presiding Officer Title GUADALUPE APPRAISAL DISTRICT n Main Office Schein Substation Board of Directors "a` 3000 N. Austin St 1101 Ethel Rd. Dr. Greg Gilcrease- Chairman Seguin, Texas 78155 Schertz, Texas 78154 Mrs. Tavie Murphy -Vice Chair (830)303 -3313 (210)945 -9708 Ext. 202 Mrs. Sylvia Schlather- Secretary (830)372.2874 (Fax) (210)566 -1334 (Fax) Mr. Darren Dunn- Member o Mr. Mark Wilson- Member August 12, 2013 City of Schertz Attn: Mayor Carpenter, City Manager Kessel and City Secretary Dennis 1400 Schertz Pkwy. Schertz, Texas 78154 Dear Mayor Carpenter, City Manager Kessel and City Secretary Dennis, Jamie Deputy Chief Anuraiser Erich St ey Per Section 6.03 (b.) of the Texas Property Tax Code, the terms of all members of the Guadalupe Appraisal District Board of Directors will expire on December 31, 2013. In light of that, this letter is forwarded to the required representatives of the taxing units entitled to participate in the nomination and voting process for the directors to serve the next two year term. Following is a brief timeline of this process: • The chief appraiser delivers notice of election and voting entitlement to the taxing units. • Each taxing unit may nominate by resolution one candidate for each directorship to be filled (5 directorships are to be filled). Nominations by way of resolution must be submitted to the chief appraiser no later than October 15, 2013. • The chief appraiser will then prepare and deliver a ballot of all nominees to each taxing unit by October 30, 2013. • The governing body of each taxing unit must determine their vote by resolution and submit to the chief appraiser on or before December 15, 2013. • The chief appraiser will tabulate the votes, declare the winners and submit the results to the governing body of each taxing unit prior to December 31, 2013. Nominee Qualifications Section 6.03 (a.) of the Texas Property Tax Code states that to be eligible to serve on the board of directors, an individual must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. Section 6.035 (a.) of the Texas Property Tax Code disqualifies an individual from serving as a director if that individual owns property on which delinquent property taxes have been owed for more than 60 days. This restriction is not applicable under installment agreements or deferrals. There are also restrictions which outline prohibited family relations. Enclosed is a Statement of Qualifications to be completed by each nominee and turned in to the Guadalupe Appraisal District with formal nominations. Voting Allocation Enclosed, you will find a summary of the voting entitlement of the taxing units participating in the nomination and election for the Guadalupe Appraisal District board of directors for the 2014/2015 term. City of Schertz will have 339 votes to cast in this election process. Votes may be allocated to one nominee or votes may be distributed to more than one nominee. The nominees who receive the largest cumulative vote total are declared the directors for the next two years. Should you have any questions in regard to this process, do not hesitate to contact Rose Radtke in our office. Thank you for your time and effort in this regard. Sic Iy, I Ja Osborne, R.P.A. Chief Appraiser GUADALUPE APPRAISAL DISTRICT BOARD OF DIRECTORS Statement of Qualifications Per Texas Property Tax Code To serve on the Board of Directors for an appraisal district, the Texas Property Tax Code states the following: • Section 6.03 Board of Directors (a) The appraisal district is governed by a board of directors. Five directors are appointed by the taxing units that participate in the district as provided by this section. If the county assessor - collector is not appointed to the board, the county assessor - collector serves as a nonvoting director. The county assessor - collector is ineligible to serve if the board enters into a contract under Section 6.05(b) or if the commissioners, court of the county enters into a contract under Section 6.24(b). To be eligible to serve on the board of directors, an individual other than a county assessor - collector serving as a nonvoting director must be a resident of the district and must have resided in the district for at least two years immediately preceding the date the individual takes office. An individual who is otherwise eligible to serve on the board is not ineligible because of membership on the governing body of a taxing unit. An employee of a taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the district. • Section 6.035 Restrictions on Eligibility and Conduct of Board Members and Their Relatives (a) An individual is ineligible to serve on an appraisal district board of directors and is disqualified from employment as chief appraiser if the individual: (1.) is related within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to an individual who is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district.; or (2.) owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless: (A.) the delinquent taxes and any penalties and interest are being paid under an installment payment agreement under Section 33.02; or (B.) a suit to collect the delinquent taxes is deferred or abated under Section 33.06 or 33.065. 83`d Session Legislative Change- HB 585 SECTION 4. Section 6.035, Tax Code, is amended by adding Subsection (a -1) to read as follows: (a -1) An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district at any time during the preceding five years. (b) A member of an appraisal district board of directors or a chief appraiser commits an offense if the board member or the chief appraiser remains employed knowing that an individual related within the second degree by consanguinity of affinity, as determined under Chapter 573, Government Code, to the board member or chief appraiser is engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district in which the member serves in the appraisal district in which the member serves or the chief appraiser is employed. . An offense under this subsection is a Class B misdemeanor. • Section 6.036 Interest in Certain Contracts Prohibited (a) An individual is not eligible to be appointed to or to serve on the board of directors of an appraisal district if the individual or a business entity in which the individual has a substantial interest is a party to a contract with: (1) the appraisal district; or (2) a taxing unit that participates in the appraisal district, if the contract relates to the performance of an activity governed by this title. (b) An appraisal district may not enter into a contract with a member of the board of directors of the appraisal district or with a business entity in which a member of the board has a substantial interest. (c) A taxing unit may not enter into a contract relating to the performance of an activity governed by this title with a member of the board of directors of an appraisal district in which the taxing unit participates or with a business entity in which a member of the board has a substantial interest. (d) For purposes of this section, an individual has a substantial interest in a business entity if: (1) the combined ownership of the individual and the individual's spouse is at least 10 percent of the voting stock or shares of the business entity; or (2) the individual or the individual's spouse is a partner, limited partner, or officer of the business entity. (c) In this section, "business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint -stock company, receivership, trust, or other entity recognized by law. Statement I have reviewed the requirements and restrictions, and hereby swear and affirm that I conform to the qualifications to serve as a member of Board of Directors for the Guadalupe Appraisal District. Signature of Nominee Printed name of Nominee Contact Phone Number Date Street Address of Nominee's Residency City State zip � o O W V O) (n A W N - O O W V O) (n A W N 117 O N .t N 0 w m z O --1 z G) m z r m m z N O A N 0 3 v, W D v O n v X m n q /0 VI m r m 0 O z C Q O to ( p r (D p Z � 0 c7 O- d n O N m o - n O C =1 r- J. Co v wm N p N n C O' Z C J 65 p _ p' O Z Um cn p m n p 0. O ". n W m. m. 0 Cm 0 n 3. 0 c _ o 0 _ 0, pO l fx30 '- M -' N1 O " co W W W N W N O) N O) N m N V WV O O) Ch A co O W N O) OD w O O) -� OJ O N W (A O W W W V n N A Co O co --� O) O O (-O V OW . WOo D � A N A -� IV O O V (+) W O C A (D (D V W 3 w Zo V V N N W O N A (W)) W A m �: W O 0) W O W V Cl) (D A N V W (D G) (J N CD -� O) W ..' 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O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O O o O O O o O O O o 0 CD 0 0 o O O II II 11 If II 11 II 11 II II II 11 II 11 II II II II II II II II - m o' w O co N N N A N CO 3 N O A -ti W -� 0 m O V N O O w O) O O m N (OD [WO (w0 (On 0) N y. 117 O N .t N 0 w m z O --1 z G) m z r m m z N O A N 0 3 v, W D v O n v X m n q /0 VI m r m 0 O z A Main Office 3000 N. Austin St. Seguin, -resas 78155 (830)303 -3313 L n (830)372 -2874 (Fax) October 25, 2013 City of Schertz Michael Carpenter, Mayor Attn: John Kessel, City Manager 1400 Schertz Pkwy. Schertz, Texas 78154 To Whom It May Concern: GUADALUPE APPRAISAL DISTRICT Scherer- Substation 1101 Elbe[ Rd. Sclhcnz, Texas 78154 (210)915 -9708 Est. 202 (210)566 -1334 Was) Board of Directors Dr. Greg Gilerease- Chairman Mrs. Tavie Mugthy -Vice Chair Mrs. Syhia Schlather- Scarcimy Mr. Darren Dunn- Member Mr. Mark Wilson - Member Chief Atmmiser Jamie Osborne Deimty Chief Anmmiser Erich Strey Enclosed is an Official Ballot to cast votes for the Guadalupe Appraisal District's Board of Directors election. Directions and a resolution format for submission are enclosed. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote, shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser before December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, and declare the five candidates who receive the largest cumulative vote totals. The results shall be submitted before December 31, 2013 to the governing body of each taxing unit in the District and to the candidates. Please call if you should have any questions in this regard. OFFICIAL BALLOT TO ELECT BOARD OF DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR 2014 -2015 Issued to: CITY OF SCHERTZ Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate. You may cast all of your votes for one candidate, or divide those votes among any number of the candidates. You have 339 total available votes. CANDIDATES (listed alphabetically) 1. Mr. Darren Dunn 2. Dr. Greg Gilcrease 3. Mr. Jay Hogue 4. Mrs. Tavie Murphy 5. Mr. Louis R. Ramirez, Sr. 6. Mr. Mark Wilson RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2014 -2015 TERM WHEREAS, Section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Guadalupe Appraisal District before December 15, 2013. THEREFORE, THE submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Guadalupe Appraisal District for 2014 -2015. ACTION TAKEN this day of , 2013, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Guadalupe Appraisal District. ATTEST: Signature of Presiding Officer Title Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Council Subject: Resolution No. 13 -R -103 - Bexar County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Bexar Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 1 vote to cast. The Candidates are: • Jack E. Burton, Jr • Cheri Byrom • Keith Hughey • Denver McClendon • Jose Macias • Juan Mancha • Jim Martin • Sergio "Chico' Rodriguez • Leo Salas • Rick A. Schroder • Roberto C. Trevino There are 5,000 votes amongst the 45 client agencies which use the Bexar Appraisal District. FISCAL IMPACT None RECOMMENDATION City Council Memorandum Page 2 Staff recommends Council review the candidates and cast their 1 vote toward one of the above candidates. One possible vote option is for Roberto Trevinoa nominee of the City of San Antonio and the San Antonio ISD. ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE BEXAR COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Bexar County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Bexar County Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Bexar County Appraisal District. PASSED AND ADOPTED, this 3rd day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) October 18, 2013 411 N. Frio, P.O. Box 830248 San Antonio, TX 78283 -0248 Phone (210) 242 -2432 Fax (210) 242 -2451 Website www.bead.org BEXAR APPRAISAL DISTRICT VIA CERTIFIED MAILER 7004 - 1160- 0005 - 6426 -4385 The Honorable Michael Carpenter, Mayor City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: Voting Phase of Selection Process for Election of Bexar Appraisal District Board of Directors for 2014 -2015 The Honorable Mayor Carpenter: Nominations for the Bexar Appraisal District Board of Directors for the 2014 -2015 terms have been submitted; thank you to those who participated in this process. As required by Section 6.03(k), Texas Tax Code, eligible taxing units may now cast votes for the nominees. Enclosed is a copy of the voting entitlement of each taxing unit and a ballot listing all persons nominated by the taxing units in alphabetical order. Each taxing unit authorized to vote may do so by resolution of its governing body. Per Section 6.03(k), Texas Tax Code, "The governing " The results of this election will be delivered to each unit by December 31. If you have any questions regarding this process, please contact me or my Executive Assistant Jennifer Rodriguez at (210) 242 -2406. Sincerely, C Michael Am zquita Enclosures CC Via Regular Mail: Mr. John Kassel, City Manager CANDIDATE OFFICIAL ELECTION BALLOT OF BEXAR APPRAISAL DISTRICT BOARD OF DIRECTORS TO SERVE TWO -YEAR TERM FROM JANUARY 1, 2014 THROUGH DECEMBER 31, 2015 JACK E. BURTON, JR (NOMINATED BY CITY OF BALCONES HEIGHTS) CHERIBYROM (NOMINATED BY SOUTHWEST ISD) KEITH HUGHEY (NOMINATED BY NORTH EAST ISD) DENVER MCCLENDON (NOMINATED BY ALAMO COMMUNITY COLLEGE DISTRICT) JOSE MACIAS (NOMINATED BY JUDSON ISD) JUAN MANCHA (NOMINATED BY HARLANDALE ISD) JIM MARTIN (NOMINATED BY NORTHSIDE ISD) SERGIO °CHICO° RODRIGUEZ (NOMINATED BY BEXAR COUNTY) LEO SALAS (NOMINATED BY SOMERSET ISD) RICK A. SCHRODER (NOMINATED BY CITY OF HELOTES) ROBERTO C. TREVINO (NOMINATED BY CITY OF SAN ANTONIO & SAN ANTONIO ISD) TAXING UI NUMBER OF VOTES Taxing Unit 2012 Tax Levy Sum of Levies Votes Alamo Community College $148,375,262.00 $2,198,893,506.00 337 City of Alamo Heights $5,128,840.00 $2,198,893,506.00 12 Alamo Heights I.S.D. $60,074,426.00 $2,198,893,506.00 137 City of Balcones Heights $1,207,703.00 $2,198,893,506.00 3 Bexar County $289,399,279.00 $2,198,893,506.00 658 Boerne I.S.D. $15,615,206.00 $2,198,893,506.00 36 City of Castle Hills $2,409,409.00 $2,198,893,506.00 5 Town of China Grove $95,005.00 $2,198,893,506.00 0 ComalI.S.D. $22,205,318.00 $2,198,893,506.00 50 City of Converse $4,808,660.00 $2,198,893,506.00 11 East Central I.S.D. $26,610,434.00 $2,198,893,506.00 61 Edgewood I.S.D. $13,004,078.00 $2,198,893,506.00 30 City of Elmendorf $171,282.00 $2,198,893,506.00 0 Fair Oaks Ranch $1,657,214.00 $2,198,893,506.00 4 Floresville I.S.D. $15,845.00 $2,198,893,506.00 0 City of Grey Forest $33,653.00 $2,198,893,506.00 0 Harlandale I.S.D. $17,582,498.00 $2,198,893,506.00 40 City of Helotes $2,639,286.00 $2,198,893,506.00 6 City of Hill County Village $280,551.00 $2,198,893,506.00 1 Town of Hollywood Park $2,108,188.00 $2,198,893,506.00 5 Judson I.S.D. $87,444,904.00 $2,198,893,506.00 199 City of Kirby $1,365,648.00 $2,198,893,506.00 3 City of Leon Valley $3,820,317.00 $2,198,893,506.00 9 City of Live Oak $3,937,404.00 $2,198,893,506.00 9 City of Lytle $2,581.00 $2,198,893,506.00 0 Medina Valley I.S.D. $3,193,739.00 $2,198,893,506.00 7 North East I.S.D. $389,938,329.00 $2,198,893,506.00 887 Northside I.S.D. $457,926,840.00 $2,198,893,506.00 1041 City of Olmos Park $2,516,326.00 $2,198,893,506.00 6 City of San Antonio $401,950,307.00 $2,198,893,506.00 914 San Antonio I.S.D. $161,203,500.00 $2,198,893,506.00 367 City of Schertz $625,080.00 $2,198,893,506.00 1 Schertz - Cibolo I.S.D. $4,588,577.00 $2,198,893,506.00 10 City of Selma $1,228,364.00 $2,198,893,506.00 3 City of Shavano Park $2,568,038.00 $2,198,893,506.00 6 City of Somerset $276,067.00 $2,198,893,506.00 1 Somerset I.S.D. $4,213,109.00 $2,198,893,506.00 10 South San Antonio I.S.D. $18,753,288.00 $2,198,893,506.00 43 Southside I.S.D. $8,542,423.00 $2,198,893,506.00 19 Southwest I.S.D. $19,375,500.00 $2,198,893,506.00 44 City of St. Hedwig $479,254.00 $2,198,893,506.00 1 City of Terrell Hills $4,287,454.00 $2,198,893,506.00 10 City of Universal City $5,237,572.00 $2,198,893,506.00 12 City of Von Orm $74,140.00 $2,198,893,506.00 0 City of Windcrest $1,922,608.00 $2,198,893,506.00 4 TOTAL 1 $2,198,893,506.001 1 5000 Texas Property Tax Code Sec. 6.03 "The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. A taxing unit participating in two or more districts is entitled to vote in each district in which it participates, but only the taxes imposed in a district are used to calculate voting entitlement in that district." Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Council Subject: Resolution No. 13 -R -104 - Comal County Appraisal District Board of Directors BACKGROUND The City has received a letter regarding the Official Ballot to cast votes for the Board of Directors election for the Comal Appraisal District. Direction and a resolution format for submission are included. Per Section 6.03(k) of the Texas Property Tax Code, the governing body of each taxing unit entitled to vote shall determine by resolution and submit its vote by way of returning the ballot to the chief appraiser prior to December 15, 2013. Taxing units allotted votes may be cast for one candidate or may distributed among any number of candidates. The chief appraiser shall count the votes, declare the candidates who receive the largest cumulative vote total, and submit the results prior to December 31, 2013 to the governing body of each taxing unit who participated in the election and to each of the candidates. The City has 49 votes to cast. The Candidates are: • Gary Boldt • Robert Doyle • Craig Hall • Dan Krueger • Randy Maschek The Comal ISD has allocated its 2,747 votes as follows: 550 votes each to Krueger, Boldt, Hall, and Maschek and 547 votes for Doyle. FISCAL IMPACT None Staff recommends Council review the candidates and cast their 49 votes toward the above candidates. One possible combination is to allocate the votes as follows: 10 votes each for Boldt, Doyle, Hall, and Krueger, and 9 votes for Maschek. City Council Memorandum Page 2 ATTACHMENT Appraisal District letter and ballot RESOLUTION NO. 13 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2014 -2015 TERM. WHEREAS, section 6.03(k), of the Texas Property Tax Code, as amended by HB2043, requires that each taxing unit entitled to vote cast their votes by Resolution and submit results of that vote to the Chief Appraiser of the Comal County Appraisal District on or before December 15, 2013. THEREFORE, THE City of Schertz, Schertz Texas submits the attached Official Ballot, as issued by the Chief Appraiser, stating the votes for candidates for the election of the Board of Directors for the Comal County Appraisal District for 2014 -2015. ACTION TAKEN this 3rd day of December 2013, in Regular Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03(k) of the Texas Property Tax Code, and amended by HB2043, for the purpose of casting votes to elect the Board of Directors of the Comal County Appraisal District. PASSED AND ADOPTED, this 3rd day of December, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter,-Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) SCOTT WATSON COMAlly APPRAISAL DISTRICT CRAIG HALL CHAIRMAN ' 900 S. SEGUIN AI'ENHE ' MEMBER DAN KRUEGER NEW BRAUNFELs, TX 78130 RANDY MASCHEK VICE CHAIRMAN NJOIBER GARYBOLDT CURTIS KOEHLER CATHY C. TALCOTT SECRETARY CRIEFAPPRAISER MEMBER October 29, 2013 Mr. John Kessel City of Schertz 1400 Schertz Parkway Schertz, TX 78154 RE: 2014 -2015 Board of Directors Election Ballot Dear Mr. Kessel: Enclosed is the 2014 -2015 Board of Directors ballot for the city of Schertz. As per Section 6.03(d) of the Texas Property Tax Code, "voting entitlement is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000 and by rounding the product to the nearest whole number." Also, Section 6.03 (k) of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submit results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2013. In calculating this year's votes, it is determined that the city of Schertz has 49 votes to cast in this election. Sincerely, _ `Cutis Kochler, RPA/RTA Chief Appraiser Enclosure Phone (830) 625 -5597 wneccomalad.org Metro (830) 606 -1407 Phone(830)885 -4975 Fax (830) 625 -8595 OFFICIAL BALLOT Issued to: City of Schertz TO ELECT BOARD OF DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2014 -2015 Directions: Please enter the number of votes cast on the blank space opposite the name of the candidate or divide those votes amount any number of the candidates. You have 49 total available votes. 1. Gary Boldt CISD, City of New Braunfels 2. Robert Doyle CISD 3. Craig Hall CISD, City of New Braunfels, Comal County 4. Dan Krueger CISD, City of New Braunfels 5. Randy Maschek CISD, City of New Braunfels, Garden Ridge Issued under my hand this 29th day of October, 2013. Curtis Koehler, Chief Appraiser ------------------------------------------------------------------------------ RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE COMAL APPRAISAL DISTRICT FOR THE YEARS 2014 -2015 WHEREAS, Section 6.03(k), of the Texas Property Tax Code requires that each taxing unit entitled to vote cast their vote by Resolution and submits results of that vote to the Chief Appraiser of the Comal Appraisal District by December 15, 2013. THEREFORE, the City of Schertz submits the above Official Ballot, as issued by the Chief Appraiser, stating the vote for candidates for the election of the Board of Directors for the Comal Appraisal District. ACTION TAKEN this day of 2013, in Session of the governing body of the above mentioned taxing unit; as authorized under Section 6.03 of the Texas Property Tax Code for the purpose of casting votes to elect the Board of Directors of the Comal Appraisal District. ATTEST: Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Development Services Subject: Ordinance No. 13 -S -58 — Conduct a public hearing and consideration and/or action to amend the Unified Development Code (UDC) Section 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts, and Certificates of Appropriateness. First Reading (B. James /B. James) BACKGROUND The proposed amendment involves changes to Section 21.4.9 Designation of Historic landmarks, Creation of Historic Districts and Certificates of Appropriateness. The City Council has been designating Historic Landmarks based on the recommendation of the SHPC for some time. The program was intended to recognize structures important the community's past, but was not intended to trigger any additional regulations. Chapter 442 of the Government Code /Section 315.006 of the Texas Local Government Code does impose additional regulations on structures and properties designated as historic by a local government. This was not the intent of the City of Schertz designation. As such, it is recommended that the UDC be amended to alter the title of the designation to landmark property with the stipulation that the property is not to be considered a "historic structure or property" per section 315 of the Texas Local Government Code. In anticipation of Council consideration of this item after the Planning and Zoning Commission recommended approval of the amendment on September 11, staff noticed this item for consideration by City Council on October 15 where the item was tabled to allow the Schertz Historic Preservation Committee to review the item on October 24. Goal Promote the history and culture of the City of Schertz. Community Benefit Recognize structures of significance to the community's past. Summary of Recommended Action City Council Memorandum Page 2 Open the public hearing and take comments then close the public hearing and approve the proposed ordinance on first reading. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance 13 -S -58 ATTACHMENT Ordinance 13 -S -58 ORDINANCE NO. 13 -S -58 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.4.9 DESIGNATION OF LANDMARK PROPERTIES, HERITAGE NEIGHBORHOODS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Schertz and the Schertz Historical Preservation Committee (SHPC) feels it important to recognize places within City limits and /or within the extra territorial jurisdiction (ETJ) that represent unique features of the City landscape either by their nostalgic, aesthetic, architectural, historic or symbolic character, and WHEREAS, The City of Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City's rich history and culture, and WHEREAS, The City zoning districts are established for, among other purposes, protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits, and WHEREAS, The City of Schertz specifically desires to recognize and promote preservation of those historic structures that comprise the most valued historic elements of the community's past through the establishment of historic district designations, and WHEREAS, The Schertz City Council as a matter of public policy aims to preserve, enhance and perpetuate those aspects of the city having historical, architectural, archaeological, nostalgic, aesthetic, or symbolic attributes and which may have an enduring impact on the city's cultural identity, and WHEREAS, The City of Schertz desires to recognize places that represent unique features of the City landscape, neighborhood development, aesthetic architectural, or symbolic character, through the creation of either heritage neighborhoods or landmark property designations, and WHEREAS, The heritage neighborhood and /or landmark property designations shall be of such a nature as to be free of the designation status as per Chapter 442, Section 315.006, of the Texas Local Government Code, and WHEREAS, all required notices have been provided, and WHEREAS, on September 11, 2013 the Planning and Zoning Commission recommended approval, and WHEREAS, on October 24, 2013, the Historic Preservation Committee reviewed the change, and WHEREAS, on December 3, 2013, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.4.9 of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: See. 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods A. Purpose and Applicability The purpose of this section is to recognize and encourage the preservation of those areas or specific buildings or structures of significance to the City. More specifically, this article is designed to achieve the following goals: To preserve, protect and enhance significant sites and structures that represent unique elements of the city landscape either by their aesthetic, architectural, nostalgic, or symbolic attributes in relation to persons, place and/or time. 2. To strengthen civic pride through neighborhood preservation and recognition. 3. To provide application submission and review guidance relating to the designation of properties and/or sites. 4. The provision for designation of Landmark Properties shall also apply within the extraterritorial jurisdiction of the City of Schertz. B. Application Requirements Any request for the designation of a landmark property or heritage neighborhoods shall be initiated by completion of an application form as set forth in Appendix A of the Schertz Historical Preservation Committee's (SHPC) By -laws. C. Processing of Application and Decision 1. Submittal All applications under this section shall be submitted to the SHPC. The SHPC shall review the application for completeness and notify the applicant of items requiring correction or attention before providing a written recommendation on the application. Any interested citizen, to include SHPC members, may initiate an application. 2. Approval Procedures Applications for landmark properties and heritage neighborhoods shall be considered and voted upon at the SHPC's next quarterly meeting following application submission. Approval will require a two- thirds positive vote by members present. The SHPC may disapprove the nomination for reasons of incomplete and/or unsupportable data. If disapproved, the nominator will be notified in writing by SHPC as to the reason(s) for disapproval and given thirty days to resubmit the nomination form with corrected or supplemental data. If no reply is received by the thirty day deadline the nomination is considered closed without further action required. The approved SHPC nominations will be forwarded to the City Manager for placement on a City Council agenda within 30 days of receipt. Written notice shall be provided to the owner of the property before the tenth (10th) day before the hearing date of City Council. The City Council shall vote on all designation nominations and will require a majority of Council members to approve the nomination. The nominator will be notified in writing by the SHPC of city council approval/disapproval. 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, 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. PASSED, APPROVED ON FIRST READING, the PASSED, APPROVED ON INAL READING, the ATTEST: City Secretary, Brenda Dennis (CITY SEAL) day of December, 2013. day of December, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: December 3, 2013 Department: Economic Development Subject: Resolution No. 13 -R -100 — Consideration and/or action approving a Resolution approving and authorizing the First Amendment to Development Agreement (Caterpillar) BACKGROUND Goal: In 2010, the City of Schertz (the "City "), the Schertz Economic Development Corporation (the "SEDC ") and Caterpillar Inc. ( "Caterpillar ") entered into a tax incentive agreement (the "Agreement "). Under the Agreement, Caterpillar could receive up to a 75% ad valorem tax reimbursement on the personal property taxes paid each year for each phase of the Caterpillar development for eight years. The incentive is reduced according to the schedule in Section 5(b) of the Agreement if less personal property is invested at the Caterpillar development. During the 2013 annual certification process, Caterpillar met all of the requirements as outlined in the Agreement; however, Caterpillar reported only $19,449,711 in personal property which resulted in a 0% ad valorem reimbursement for year one of Phase 1 according to Section 5(b) of the Agreement. The First Amendment to Development Agreement (Caterpillar, Inc.) (the "Amendment ") has been created to allow Caterpillar to realize all or part of the year one Phase 1 incentive in year two of Phase 1 by adding the personal property value above $25,000,000 to the year one Phase 1 reported value. Community Benefit: In 2012, the City of Schertz collected $187,962 in real and personal ad valorem tax revenue from Caterpillar. The Caterpillar development has and will continue to significantly impacted business and commercial activity in Schertz. As such, the Amendment has been created to further entice Caterpillar to continue to invest in Schertz. Summary of Recommended Action: To approve the First Amendment to Development Agreement (Caterpillar, Inc.) enabling Caterpillar to earn the year one of Phase 1 Incentive in year two of Phase 1. FISCAL IMPACT The potential incentive for year one of Phase 1 is currently being held by the City in reserve. If earned, it will be awarded based on the schedule as outlined in Section 5(b) of the Agreement. Under that methodology, the appropriate percentage will be applied to the value of personal property ad valorem taxes paid to the City and could result in the following reimbursement: • 75% _ $72,921.83 • 50% _ $48,614.55 • 25% _ $24,307.28 SEDC BOARD RECOMMENDATIONS: The Schertz Economic Development Corporation (SEDC) held a meeting on July 25, 2013 to consider the proposed First Amendment to Development Agreement (Caterpillar Inc.). A motion was made by Mr. R. Richards and Seconded by Mr. G. Morris to approve the Amendment as presented. The motion passed unanimously (7 -0). STAFF RECOMMENDATION Staff recommends approval of Resolution No. 13 -R -100 ATTACHMENT(S) Resolution No. 13 -R -100 First Amendment to Development Agreement (Caterpillar, Inc.) RESOLUTION NO. 13 -R -100 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (CATERPILLAR INC.), AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, by Resolution 10 -R -72, the City of Schertz, Texas, a Texas home -rule municipality (the "City ") and the City of Schertz Economic Development Corporation, a Texas non -profit industrial development corporation (the "SEDC "), and Caterpillar Inc., a Delaware corporation ( "Caterpillar ") established a tax incentive agreement for a Caterpillar multiphase manufacturing facility ( "Caterpillar Development ") dated effective on October 19, 2010 (the "Agreement "); and WHEREAS, the City and the SEDC authorized under Chapter 380, Texas Local Government Code, a grant to promote local economic development and to stimulate business and commercial activity in Schertz; and WHEREAS, the Agreement provides that Caterpillar will receive up to a seventy -five percent (75 %) ad valorem tax reimbursement on the personal property taxes paid each year for each phase of the Caterpillar Development ( "the "Incentive "), and the Incentive shall be reduced according to the schedule in Section 5(b) of the Agreement; and WHEREAS, on February 2, 2013 Caterpillar certified in writing to the SEDC its compliance to the terms of the Agreement; and WHEREAS, in year one of phase one of the Agreement, Caterpillar reported nineteen million eighty -nine thousand three hundred eighty -four dollars ($19,089,384) of taxable personal property resulting in an Incentive of zero percent (0 %) for year one of phase 1 of the Agreement; and "WHEREAS, the SEDC approved the First Amendment to Development Agreement (Caterpillar Inc.) as attached hereto as Exhibit A by resolution at a meeting held on July 25, 2013 and further recommended that the City Council approve and authorize the First Amendment." WHEREAS, the City Council has determined that it is in the best interest of the City to authorize the First Amendment to Development Agreement (Caterpillar, Inc.) as attached hereto as Exhibit A. WHEREAS, the City, SEDC and Caterpillar intend to execute the reminder of the Agreement in full force and effect. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the President (or the Vice President in the President's absence) of the SEDC and the City Manager of the City, or his designee, to execute and deliver, a First Amendment to Development Agreement (Caterpillar Inc.) in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 3rd day of December, 2013. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Caterpillar agreement) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Caterpillar Inc.) This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment'), dated to be effective as of the date that the Amendment is signed by the last party to the Amendment (the "Effective Date "), is among the City of Schertz, Texas, a Texas home -rule municipality (the "Cii "), the City of Schertz Economic Development Corporation, a Texas non- profit industrial development corporation (the "SEDC "), and Caterpillar Inc., a Delaware corporation ( "Caterpillar', and collectively with the City and the SEDC, the "Parties'). WHEREAS, by Resolution ]0 -R -72, the Parties entered into a Development Agreement, dated effective October 19, 2010 (the "Agreement") establishing a tax incentive agreement between the Parties for the development of a multiphase manufacturing facility by Caterpillar (the "Caterpillar Development"); and WHEREAS, the Agreement provides that Caterpillar will receive up to a seventy -five percent (75 %) ad valorem tax reimbursement on the personal property taxes paid each year for each phase of the Caterpillar Development (the "Incentive "), and the Incentive shall be reduced according to the schedule in Section 5(b) of the Agreement; and WHEREAS, in year one of Phase 1, Caterpillar reported Nineteen Million Four Hundred Forty -Nine Thousand Seven Hundred Eleven and No /100 Dollars ($19,449,711.00) of taxable personal property ("Year One Reported Value "), resulting in a Tax Credit of zero percent (0 %) for year one of Phase 1 of the Agreement; and WHEREAS, the Parties desire to amend the Agreement as set forth below. NOW THEREFORE, for Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows; 1. Recitals. The recitals are incorporated herein as matters of contract and not mere recitals. 2. Capitalized Terms. All capitalized terms used herein and not defined herein shall have the meanings ascribed to them in the Agreement. 3. Amended Year One Personal Property Value. Notwithstanding any provision in the Agreement to the contrary, Caterpillar may earn the incentive originally scheduled to be earned in year one of Phase 1 in year two of Phase 1 (and not in any subsequent year) in accordance with the following provisions. Any reported personal property value for year two of Phase 1 in excess of Twenty -Five Million and No /100 Dollars ($25,000,000.00) will be added to the Year One Reported Value, which will result in the amended value for year one of Phase 1 (the "Amended Year One Value "). The schedule in Section 5(b) of the Agreement shall be applied to the Amended Year One Value to determine any eligible Tax Credit for year one of Phase 1. Notwithstanding anything herein to the contrary and regardless of the amount of the Amended Year One Value, the 50661514.4 maximum Tax Credit for year one of Phase 1 shall not exceed seventy -five percent (75 %) of the actual personal property ad valorem taxes paid by Caterpillar on the original Year One Reported Value during year one of Phase 1. 4. Amended Personal Property Value. In the event that the assessed value of the personal property on the Caterpillar Development Site (as used in this Section 4., the "Personal Property Value ") is adjusted following Caterpillar's submission to the SEDC of the written notice certifying such amount in accordance with Section 1.(b)(iii) of the Agreement, then promptly upon such adjustment in value, and in no event more than ten (10) business days following such adjustment in value, Caterpillar shall submit to the SEDC an amended written notice required by Section 1.(b)(iii) of the Agreement certifying to such amended Personal Property Value, and, if the Tax Credit attributable to the changed Personal Property Value has already been paid to Caterpillar, then, along with the amended written notice, Caterpillar shall also provide a check to the SEDC refunding the difference in the amount of the Tax Credit between the Tax Credit amount based on the original Personal Property Value and the Tax Credit amount based on the amended Personal Property Value. Further, in the event that Caterpillar contests the Personal Property Value, Caterpillar shall promptly, and in no event more than ten (10) business days following the commencement of any action to contest the value, provide the SEDC with written notice of such action, and if the Tax Credit attributable to the Personal Property Value being contested has not yet been paid, such Tax Credit shall not be paid until the action to contest the Personal Property Value has been completed, the final Personal Property Value has been determined, and Caterpillar has provided the written notice required by Section l.(b)(iii) with respect to such final Personal Property Value to the SEDC. 5. Authority to Sign. The individual signing below for Caterpillar hereby certifies that he/she is authorized to sign this Amendment on behalf of Caterpillar and that no authorizations or approvals are required that have not already been obtained. 6. Notices. The following contact information for notices and requests for information or action under this Amendment and the Agreement (originally set forth in Section 7 of the Agreement) are hereby amended: If to the SEDC: Schertz Economic Development Corporation 1400 Schertz Parkway Schertz, Texas 78154 Attention: Director of Economic Development Facsimile: (210) 619 -1079 E -Mail: Ogwin a schertz.com 50661514.4 If to the City: City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager Facsimile: (210) 619 -1029 E -Mail: ikessel &chertz coin With a copy to: Katherine A. Tapley Norton Rose Fulbright 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Facsimile: (210) 270 -7205 E -Mail: katherine.tal2ley@noi-tonrosefulbripht.com 7. No Other Amendments: Conflict. Except as expressly set forth herein, all other terms and provisions of the Agreement shall remain in full force and effect. In the event there is a conflict between the terms and provisions of this Amendment and the Agreement as originally executed, the terms and provisions of this Amendment shall control. 8. Counterparts. This Amendment may be executed in multiple counterparts, all of which together shall constitute one instrument. (remainder of page intentionally left blank] 50661514.4 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Caterpillar Inc.) IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas home -rule municipality John C. Kessel, City Manager CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, a Texas non -profit industrial development corporation By: Tim Brown, President Date: CATERPILLAR INC., a Delaware corporation Bae N')ti Date: 50661514.4