04-22-2014 Agenda with backupREGULAR SESSION CITY COUNCIL
April 22, 2014, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
Call to Order — City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Youth Minister Jon Wilson, Cibolo Valley Baptist Church)
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited to
no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while
addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing policy in
response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding
officer, during the Hearing of Residents portion of the agenda, will call on those persons who
have signed up to speak in the order they have registered.
Workshop
• Discussion regarding Code Enforcement Certification training for Citizens on Patrol
(J. Bierschwale /M. Harris)
04 -22 -2014 Council Agenda
• Discussion and update regarding the single family residential zoning districts (R -6
and R -7) and a possible Entertainment zoning district. (Requested by Mayor Pro -Tern
Scagliola and Councilmember Edwards) (B. James/M. Sanchez)
Discussion and Action Items
1. Minutes — Approve the minutes of the regular meeting of April 15, 2014 (J.
KesselB. Dennis)
2. Ordinance No. 14 -S -19 — Conduct a Public Hearing and consideration and/or action
PH approving an Ordinance amending the Unified Development Code (UDC) by granting a
Specific Use Permit for 4202 Wensledale Drive. First Reading (B. James /M.
Sanchez /L. Wood)
3. Ordinance No. 14 -F -20 — Conduct a Public Hearing and consideration and /or action
PH approving an Ordinance amending the City's Drought Contingency Ordinance No. 13-
F-36 by updating Exhibit B Water Conservation Plan; providing an effective date; and
declaring an emergency. First & Final Reading Q. Bierschwale /J. Hooks)
4. Ordinance No. 14 -D -21— Approve an Ordinance amending the Code of Ordinances of
the City of Schertz, Texas to prohibit parking on the south side of Arroyo Verde from
the driveway of the Oaks of Green Valley Shopping Center to the bridge structure.
First Reading (K. Woodlee /L. Busch)
Roll Call Vote Confirmation
Requests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
7. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
8. Information available in City Council packets — NO DISCUSSION TO OCCUR
04 -22 -2014 City Council Agenda Page - 2 -
• Notice of CenterPoint Energy's 2014 GRIP Filing for the South Texas
Division
• TxDot Update from the Northeast Partnership luncheon of April 10, 2014
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO
HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON
THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF APRIL 2014 AT 12:30
P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES
AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551,
TEXAS GOVERNMENT CODE.
gre v0 2 1�5e vwai s
Brenda Dennis CPM, TRMC, MMC, City Secreta
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2014.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If you require special assistance or have a request for sign
interpretative services or other services please call 210 - 619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at
any time during the course of this meeting to discuss any of the matters listed above, as
authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's
legal counsel and the presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel
for the governmental body and constitutes an opinion by the attorney that the items discussed
therein may be legally discussed in the closed portion of the meeting considering available
opinions of a court of record and opinions of the Texas Attorney General known to the
attorney. This provision has been added to this agenda with the intent to meet all elements
necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
04 -22 -2014 City Council Agenda Page - 3 -
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Mayor Pro -Tem Scn iola — Place 2
Audit Committee
Animal Control Advisory Committee
Hal Baldwin Scholarship Committee
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Schertz Seguin Local Government Corporation
Investment Advisory Committee
Interview Committee for Boards and Commissions
TIRZ II Board
Sweetheart Advisory Committee
Councilmember Fowler — Place 1
Councilmember John - Place 3
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study QLUS) Executive
Committee
Councilmember Edwards — Place 4
Councilmember — Duke — Place 5
Audit Committee
Audit Committee
ASA Commuter Rail District Board — Lone Star
Investment Advisory Committee
Hal Baldwin Scholarship Committee
04 -22 -2014 City Council Agenda Page - 4 -
SCHHERTZ I OCOMMUNITY
PPORTUNITY •
Memo
To: City Council
From:M. Harris; City Marshal
Date: April 3, 2014
Re: Code Enforcement training for Citizens on Patrol
Having extra volunteer eyes and ears to assist our staff is always a welcome
venture. We have researched the possibility of providing Code Enforcement
certification training to volunteers such as the Citizens on Patrol.
According to the Occupations Code to be eligible to receive a certificate of
registration as a code enforcement officer a person must: -
(1) have at least one year of full -time experience in the field of code
enforcement:
(2) pass the examination conducted by the department or the
department's designee;
(3) pay the application, examination, and registration fees; and
(4) meet any other requirements prescribed by this chapter or by board
rule.
Based on the first requirement alone, volunteers and part-time employees are not
eligible.
What I propose is that we conduct a code enforcement familiarization class. This will
be taught in -house by a certified code enforcement officer. Completion of the class
does not provide any certification or legal authority on the part of the students. It does
however familiarize volunteers with key issues where their assistance can save on
man -hours expended by full time staff. Volunteers will be able to recognize some of
the most common violations such as:
1
(1) high grass and weeds
(2) watering during prohibited hours
(3) potential illegal signs
(4) overhanging trees
Implementation of Training
Instruction will be provided by Environmental Health/ Code Enforcement Officer; Jesse
Hamilton.
All active Police Academy Alumni members will receive training, not just those that take part
in Citizens on Patrol. By doing so, we are educating a larger volunteer pool that can relay
code enforcement concerns to the Marshal's Office.
All future Citizen Police Academy classes will receive a three hour block of instruction on
code enforcement and environmental health issues.
• Page 2
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: April 22, 2014
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a regular meeting on April 15, 2014.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting on April 15, 2014.
ATTACHMENT
Minutes — regular meeting April 15, 2014
MINUTES
SPECIAL JOINT
AND
REGULAR MEETING
April 15, 2014
A Special Joint Meeting with the Schertz Economic Development Corporation Board and a Regular
Meeting were held by the Schertz City Council of the City of Schertz, Texas, on April 15, 2014, at
6:00 p.m., in the Hal Baldwin Municipal Complex Council Chamber*".' 400 Schertz Parkway,
Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Cedric Edwards
SEDC Members Present:
President Tim Brown
Director Sydney Verinder
Director Grady Morris
Staff Present: Nhhh",
Executive Director John Bierschwale
Executive Director David Gwin
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Pro -Tem David Scagliola
Councilmember Daryl John
Councilmember Matthew Duke
Director Roy Richard
Director Marvin Thomas
City Manager John Kessel
Executive Director Brian James
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Call to Order - Special Joint Meeting (City Council and Schertz Economic Development
Corporation meeting)
1. Call to order by each Governing Body.
Mayor Carpenter called the Special Joint Meeting of the City Council and the Schertz
Economic Development Corporation to order at 6:00 p.m.
Schertz Economic Development Corporation Chair Tim Brown called the Special Joint
Meeting of the City Council and the Schertz Economic Development Corporation to order at
6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas.
Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the Flags
of the United States and the State of Texas.
2. Discussion and possible action regarding the sustainability of our successes with the Schertz
Economic Development Corporation. (M. Carpenter /SEDC)
04 -15 -2014 Minutes Page - 1 -
Mayor Carpenter stated that he had asked for the joint meeting with the Economic
Development Corporation due to having two new Councilmembers since the election last
November and that there are new members on the Economic Development Corporation
Board and at the same time the City is experiencing very strong economic development
successes. Mayor Carpenter stated he wanted to make sure they had the opportunity for any
Councilmember or Economic Development Board member who wanted to comment on that
in a public forum. The Texas Open Meetings Act indicates that we do not have private
conversations and talk City business except in an open session, and that is why we have it
listed.
Mayor Carpenter stated he would like to put Councilmember Edwards on the spot as he
knows the upcoming commentary will be robust and would like Councilmember Edwards to
make a first comment on our economic development efforts and what we are trying to
accomplish. He then will give each member on the Economic Development Corporation
Board and City Council the opportunity to do the same.
Mayor Carpenter recognized Councilmember Edwards who stated that since he and others
have joined the Council they decided they would be very pro- business as well as protect our
residents. Some of the things they have incorporated are the public - private partnerships. The
partnerships have done very well for the City, and believe that is the way they should go
moving forward. It is a great opportunity for the City to lower the costs for our citizens as
well as get the biggest bang for our buck.
Mayor Carpenter recognized Councilmember Fowler who stated he attends the board
meetings from time to time and he finds them interesting and exciting because of the forward
thinking. He also sees that Council and the Economic Development Board are thinking
outside the box. He stated he appreciates the board and especially appreciates David Gwin.
Councilmember Fowler stated that Mr. Gwin serves on the Texas One Board as well, and he
is trying to draw companies into our state. Texas is one of the major states that businesses are
coming to. Our City is going to grow with or without us. It is going to be dependent on how
we make it grow. The Council relies on the decisions of the Economic Development
Corporation, because it is a matter of trust, and believes they do their due diligence. He
wanted the Economic Development Corporation to know they can expect the same thing
from the Council.
lw_iL
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he was over at the
Chamber of Commerce today and was talking about corporate social responsibility.
Municipalities are in a unique position because on one hand you are supposed to run the City
like a business, and on the other hand a municipality is really not a business. So how do you
balance your fiscal responsibility with your social responsibilities? How do you balance the
need for providing services with the need of providing quality of life to your citizens? The
answer to that is "Economic Development." He is appreciative that we have some of the best
minds in the City sitting on the Economic Development Corporation Board. Mayor Pro -Tem
Scagliola thanked the board and thanked David Gwin the Economic Development Director.
Mayor Carpenter recognized Councilmember Duke who echoed what Mayor Pro -Tem
Scagliola said, which is the balancing of fiscal responsibility with social responsibility.
04 -15 -2014 Minutes Page - 2 -
He stated that one of the things he was always impressed with was the group examined every
opportunity as an investment, not just a financial investment but how would the business
partner be for the community. There were many times where opportunities were presented
from a fiscal analysis you would say it was a good deal, but from a community and social
analysis it was not. The business did not match the community. Other big cities have taken
those projects and have paid the price. He believes as they go forward to continue to have
that mentality that we are investing not only in the business but also in our community.
Staying focused and making sure that we are wise with our investment. Make sure we have
the resources to leverage the Amazons of the world.
Mayor Carpenter recognized Economic Development Corporation Chair Tim Brown who
stated everything that has been discussed earlier is what they think about in their meetings.
When opportunities are provided to the City, we have to take a look at it both financially and
socially. He believes that this is being done very well. They thanked David Gwin and staff
for keeping them on track. They do the majority of the heavy lifting on a day to day basis
and provide them with good guidance when they meet so that they can make those important
decisions. Mr. Brown commented on the makeup of the Economic Development
Corporation Board stating that without their experience they would not be competent to make
those decisions. Mr. Brown thanked the Mayor and Council for the opportunity.
Mayor Carpenter stated that first and foremost Councilmember Fowler made a very valid
point, the City Council trusts the Economic Development Corporation. He stated for those
who are visiting this evening and are not familiar with the group, these are citizens, residents,
friends and our neighbors that serve, those who are looking out for our best interests. He
stated to Councilmember Dukes point, there may be a great financial opportunity that is
brought before the Economic Development Corporation, but if it is not a fit for this
community and what the community aspires to be and remain we don't want that business.
What we are fundamentally as a City, the City of Schertz as we come to know it for the last
55 years, as well as what we envision the City will look like for our children, the Economic
Development Corporation is looking out for us every time. Things that on paper might look
good, to Councilmember Dukes point; possibly being a huge positive financial impact to the
City, but that it might have the potential to ruin what we have built as a community. The
Economic Development Corporation safeguards that balance.
Mayor Carpenter stated that the Council needs to know when the Economic Development
Corporation needs things. The Council is ready to think outside the box with you. If you need
other tools, other things at your disposal to continue the success, ask us, let's get together and
figure out how we can do it. We have had the great success with having GE Oil and Gas,
Sysco Foods, Caterpillar and Amazon.com coming essentially over the last 3 or so years.
This is an amazing wave we are riding. Those waves don't come along every year, or every
few years, they can be rare and few and far between. We have to ride that wave as long as we
can. It will propel us financially into the future for years after everyone one in this room has
gone. That is part of our job. It is an exciting time. The position that we have gotten to
recently, where the balance of what we have to ask our residents to pay in taxes and what we
are able to generate from our business community from sales tax have come into a good
balance.
04 -15 -2014 Minutes Page - 3 -
This means if there is an economic downturn, with the balance, the fluctuations that happen
for us as a City in aggregate are minimized. It is a risk migrator to have that balance of
revenue and taxes.
Mayor Carpenter expressed his exuberance and excitement at what is happening in the City
in regards to economic development. Mayor Carpenter thanked the board for safeguarding
the balance and putting the City on the path of long term sustainability for our children and
grandchildren, so that they will have the opportunity in the future. Mayor Carpenter
recognized Mr. Ken Greenwald, who in the earlier years brought water into the City. The
companies would not be coming here if we did not have the water. Finally, Mayor Carpenter
stated that the Economic Development Corporation is a sig ficant contributor to the long
term success of the City of Schertz.
Mayor Carpenter recognized Economic Development Board Member and Judge Roy Richard
who came forward stating that if you want to help them, to please keep our Director, David
Gwin. He commended City Manager John Kessel for how Economic Development is being
run and should be run, and his assistance in spearheading economic development. Judge
Richard stated they are on the right track and need to continue.
r #r
Mayor Carpenter stated that before they adjourned into executive session he would like to mention
that if students were here this evening participating in the Hal Baldwin Scholarship, to please sign
the sheet that is in the back.
Mayor Carpenter recognized Eagle Scout Candidate Ryan Braden of Troop 51 who was in the
audience this evening, stating that he was here this evening working on his Communication merit
badge.
Executive Session
Mayor Carpenter adjourned the City Council S ecial Joint Session into Executive Session at 6:25
p.m. -
Schertz Economic Development Corporation Chair Tim Brown adjourned the SEDC Special Joint
Session into Executive Session at 6: 25 p.m.
City Council and the Economic Development Corporation will meet in closed session under
section 551.087 Texas Government Code, Deliberation regarding Economic Development
Negotiations with business prospects E -003 and E -004.
Reconvene into Special Joint Session
Mayor Carpenter reconvened into the City Council Special Joint at 7:15 p.m.
Schertz Economic Development Corporation Chair Tim Brown reconvened into the SEDC Special
Joint Session at 7:15 p.m.
3. a. Take any necessary action based on discussions held in closed session under Agenda Item
number 3.
04 -15 -2014 Minutes Page - 4 -
No action taken.
Adiournment
4. Both Governing bodies adjourn Special Joint Meeting.
Mayor Carpenter adjourned the Special Joint Meeting at 7:15 p.m.
Chair Tim Brown adjourned the Special Joint Meeting at 7:15 p.m.
Call to Order`��'
Councilmember Duke left the meeting at 7:15 p.m.
Mayor Carpenter called the Regular Meeting to order at 7:16 p.m.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
41 4or
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements and upcoming events: a
• Thursday, April 17, 100" Birthday Celebration and ` _ _ 6lamation (Lorna Schertz
Dawson ), Silver Tree Nursing and Rehabilitation — 930 FM 3609,2:00 p.m.
• Thursday, April 17, Chambers After -Hours Mixer, New Haven Assisted Living &
Memory Care, 2300 FM 3009, 5:30 to 7:00 p.m.
• Saturday, April 19, Absolute Jazz, Pickrell Park, 2:00 to 9:00 p.m.
• Save the Date: Sunday, May 18, EMS Golf Tournament, Olympia Hills Golf Club,
registration begins at 10:00 a.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized and thanked City
Secretary Brenda Dennis who conducted an expanded Board and Commission recruitment
fair this year by calling it a Community Volunteer Fair. He stated Ms. Dennis encouraged
and invited many other volunteer agencies to attend along with our City Boards and
Commissions. He also stated she recruited a team to assist her with this event. Mr. Kessel
stated it was well attended and one of the best that we held so far. Mr. Kessel mentioned
that this was the third year we hosted this event, and each time we look back at the past
events and see what we did that made it a success and what we could do to make it better
next time.
Ms. Dennis stated that she wanted to thank the following who assisted her: Donna
Schmoekel, Mary Spence, Celina Blair, Sandy Bryant, Sherry Davis, Melvin and Connie
Broth. Those present stood to be recognized. Mr. Kessel stated that we have a lot of
discussions as a City as to how to get more involvement of our community, and the place
where it should start is by encouraging citizens to volunteer and participate.
04 -15 -2014 Minutes Page - 5 -
Hearing of Residents:
Mayor Carpenter recognized the following who spoke:
• Ms. Maggie Titterington, Schertz Chamber President and Resident who came forward
announcing the success of the Chamber Luncheon today with Ms. Nandita Berry,
Texas Secretary of State coming to speak to us about Texas. Ms. Titterington also
provided information on the Chamber's upcoming events.
Ms. Titterington stated as a resident she wanted to commend the Planning and Zoning
Commission for listening to the residents when they have concerns regarding a
development and for making real decisions that complement the City.
Mayor Carpenter thanked Ms. Titterington for being able to get the third Secretary of
State in a row to come speak in our City.
• Mr. Mark Davis, 3644 Marietta Lane, who came forward speaking about agenda item
4, Resolution 14 -R -37. He spoke on the concern for the particular agenda wording,
and how you had to navigate through several pages of the agenda on the website to
get to the supporting materials for this resolution. Mr. Davis stated in the supporting
materials it reads that "the City is considering issuing up to $3,000,000 of Certificates
of Obligation for the purpose of constructing a recreation pool and related facilities
that will enhance the planned competition pool." It continues stating that "the City
will enter into an agreement with the YMCA that will help offset the debt service
with annual payments from the YMCA. The Certificates of Obligation will pledge
that ad valorem taxes be used to repay the Obligations, but if payments from the
YMCA are sufficient then there will be no impact on the City's tax rate."
He stated that as a resident and taxpayer his concern is the smallest word in that
paragraph, "if'. If the payments from the YMCA are not sufficient, then that will be
an impact on our property taxes. He stated this is potentially a $3,000,000 obligation
on top of the $6,000,000 that was already approved on a bond referendum. As a
taxpayer, his concern is this is not good information going out to the City. It takes
too much effort to get to that level of detail in the agenda materials to find out what
you were talking about. His other concern is the wording of the resolution in the
supporting information. He would think that before we talk about obligating the City
to potentially $3,000,000 that they would hear more about the agreement with the
YMCA. Specifically what are the plans for their participation in the program, what
limitations are involved, and what happens down the road if the YMCA and the City
goes their separate ways? His last concern is as a Parks and Recreation Advisory
Board Member. This is a significant Parks and Recreation item that to the best of his
knowledge wasn't brought before them. He would think that a parks and recreation
project to the tune of $3,000,000 would at some point been a discussion point on the
agenda of the Parks and Recreation Advisory Board so those members could weigh in
and give their input to the City Councils future actions.
04 -15 -2014 Minutes Page - 6 -
• Mr. Robert Brockman, 1000 Elbel Road, who spoke on the agenda language of Item 2
and requested additional language be added in the future to an agenda item so that
citizens could tell what street they were talking about.
Workshop
• Discussion and possible action regarding the need for an additional new ambulance, and
options to purchase in FY 2014. (J. Bierschwale /D. Wait)
Mayor Carpenter recognized EMS Director Dudley Wait who introduced this item stating in
the EMS Department budget FY 2014, City Council approved the purchase of one new
ambulance by financing up to $150,000 for four years. While planning the purchase of this
new unit to take our fleet to eight reliable ambulances, we had another ambulance reach a
point that Fleet Services can no longer support keeping it in service as a safe and reliable
reserve unit. With a growing need for a fifth unit in service during peak times and truly a
need for a sixth unit at times, we need to now acquire two (2) new ambulances so that we can
have a fleet of eight (8) reliable in- service ambulances. This will place our fleet at 133% of
anticipated peak unit hour need which is a level recommended by Fitch in our recent
consultant report.
Mr. Wait stated the two newest ambulances that we purchased, manufactured by Crestline
out of Canada, continue to have a few minor issues. Difficulties in getting these addressed
combined with the recent reorganization and changes in manufacturing and pricing at
Crestline cause us to look at other builders that could meet our needs. We have found at least
three vendors (Braun Ambulance, Demers Ambulance and Horton Ambulance) that can build
an appropriate unit to meet our needs. We are looking at an identical patient module box to
be placed on either a Chevy Van chassis or a Mercedes Sprinter Van chassis based upon
chassis availability and cost. To assure we will get the best possible pricing on these units,
we would recommend making our final decision through a sealed bid process.
The due process we have done to date leads us to believe we can acquire these two units at an
4f roximate cost of $150,000 each. This does not include a stretcher or stair chair ($15,000
ambulance) or other disposable and non - disposable equipment. Radios for two
a nces were included in the recent P25 radio purchase (one for the planned new unit and
one ` p ambulance no longer in service).
In review of our current operational status and our approved budgeted funds, we have found
the following options to fit this purchase within the currently approved budgeted funds for
FY 2014.
First, our FY 2014 budget had funds available to replace our field supervisor vehicle
($80,000) and to purchase the Road Safety Driver Monitoring System ($96,000). After
discussing with staff, we feel that we could delay both of these purchases until FY 2015 and
use these funds ($176,000 total) to make the allocation of a second ambulance possible
immediately.
04 -15 -2014 Minutes Page - 7 -
After reviewing our current financial performance with the Finance Department and with
City Management, the EMS Department would like to discuss two options with City Council
for making this additional purchase this year:
• Increase the currently approved financing from $150,000 to $225,000, for four
years and using $75,000 cash as a down payment on the purchase. This will
leave $101,000 of reallocated budget funds that could be used to complete the
purchase of needed equipment for the second ambulance and put
approximately $75,000 into reserve at the end of the fiscal year for future
ambulance replacements; OR,
• Use the reallocated funds to pay cash for the second ambulance and only
finance the original amount of $150,000 for the purchase of the first new unit.
The $176,000 of reallocated funds should allow for the purchase of the
ambulance and needed equipment but would leave no additional dollars
available for additional reserves.
Mr. Wait stated staff would recommend that we pursue obtaining bids for purchase of
two new ambulances. Once the final cost is known, staff will return to Cou it in early May
with the total cost of two ambulances and the cost of financing the debt versus paying cash.
At that time, we will seek Council's approval of the best vendor to build two new units and
to approve the best course of action on how to complete the purchase.
Mayor Carpenter asked Financial Advisor Mark McLiney 7-fthis was a financially sound
approach. Mr. McLiney stated that when you do bonds, this is too small of an amount to do a
typical obligation bond, but it is a possibility for a lease purchase which is similar to a bond
and is done on an operational side. He thought we could get a 2 1/4 interest rate or less. Two
banks he knows said yes they could do that. Financing rates right now are very low.
Councilmember Fowler expressed concern that this had not been brought up to Council
before when they became aware of the problem.. Mr. Wait said they had originally asked for
one more ambulance because they knew Number 270 was no longer serviceable. They knew
Number 261 had problems but were hoping to get two or three more years out of it. Looking
at all their options leading up to tonight, they decided it would be best for the long term to
just get two new units rather than one new and one used unit. Staff has been doing research
to figure all this out and are coming forward with the two best options for Council to
consider.
Councilmemb gliola recognized they had done their research and the two options
presented toni sounded reasonable. Councilmember Edwards concurred. He said he
recommended that we take out a loan at 2/1/4 percent and move forward post haste.
Mayor Carpenter summarized that what Mr. Wait was asking of Council is to grant
permission to go out for bid and bring that information back and talk to Council again about
how we can make the purchase. Hearing no dissent, Mayor Carpenter directed that we go out
to bid and see what we can find.
04 -15 -2014 Minutes Page - 8 -
• Discussion regarding the proposed Enclosed Community Swimming Pool and Aquatic
Facility of Competition Quality. (B. James)
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating they wanted to update Council on the proposed Enclosed
Community Swimming Pool and Aquatic Facility of Competition Quality. He stated in 2010
voters approved a $6.625 million dollar bond to construct an enclosed Community
Swimming Pool and Aquatic Facility of Competition Quality. We have been in discussions
with the YMCA and Schertz - Cibolo- Universal City Independent School District (SCUCISD)
to partner with them to maximize its construction and end user potential. Staff has worked
with Marmon Mok Architects on a master plan and it was estimated that it would take about
6 -9 months for architectural design and 14 -18 months for construction. The plan would
provide for the competition pool, a zero entry pool, relocating the plash pad, and parking.
Estimated cost of combined facility as envisioned is approximately $9 million. However, we
won't have an exact cost until we actually go out and start spending money. Another thing to
remember about this is that it is located in the flood plain and that will add costs to the
project to be compliant. We already have an Interlocal Agreement with SCUCISD where
they will be contributing $1.625 million in exchange for a 15 year lease, rent free. Hours of
use and specific improvements to the natatorium will be determined through a separate
agreement. The $1.625 million can be used as the City determines appropriate.
We have a diverse community with diverse needs. How do we meet everyone's needs? This
is likely to be our only indoor aquatic facility. We want to avoid outgrowing it anytime soon.
However, this will not be a gold plated facility. Let's maximize the use of it and find
partnerships that make sense to help us.
We currently have agreements with the YMCA to help operate the pools at Pickrell Park and
Northcliffe. The City pays the YMCA $179,878 annually for this purpose. The total annual
budget for the pools for 2013 -14 is $254,503. Two proposed agreements for the YMCA is 1)
Amended and Restated Schertz Recreation Center, and 2) Community Pool License
Agreement and Outdoor Pools Management Agreement. These agreements cover both
proposed indoor bodies of water and both outdoor pools and Recreation Center. The City
will pay the YMCA $380,000 annually to operate the Recreation Center and indoor pool
facilities as well as an additional $100,000 as a grant to help lower the cost of memberships
for Schertz citizens. If the Recreation Center and pools generate excess revenue after
expenses, then the grant by the City may be reduced by 20 %. The City will continue to pay
$179,878 to operate the two outdoor pools and will retain revenues from gate receipts, season
passes and concessions as is currently the case. There is also a provision that the City may
close one of those pools if deemed necessary. The Northcliffe pool is convenient to those
residents in the neighborhood and the one at Pickrell Park is just tremendously well used.
However, the provision here is to give us flexibility going forward.
YMCA would set rates for non - Schertz members. Schertz rates would not go up more than
2% annually. Initial memberships for Schertz residents will be waived but they would then
be responsible for their annual membership fee.
The City will issue a minimum of an additional $2 million in taxable bonds. The YMCA will
pay the City $100,000 annually which will be used to pay off the bonds. The YMCA
membership provides access to the Recreation Center and pools. It will be a package deal
04 -15 -2014 Minutes Page - 9 -
and not separate memberships. Schertz residents can use the pool twice a year free. The
agreement outlines the repair and maintenance obligations for each (City and YMCA) but
City is responsible for capital repair.
The next steps are to have a Parks and Recreation Board meeting to bring those members on
board with what we are doing and being clearer when putting things on the future Agendas.
Pending Council's approval, Owners Representative Phil Gaudreau has already been working
with architecture firm Marmon Mok Architects to generate a contract to do the initial design
of the facility and bring on a construction manager so we are balancing as we go through the
design process. These are the next steps going forward. We will need to finalize the
agreement with the YMCA, have Council approve it and issue the bonds and finalize an
agreement with the school district.
Mayor Carpenter recognized Councilmember Fowler who asked if we had a signed contract
with the YMCA at this time and if we agreed to the $2 million doesn't that put us in a
situation where we are obligated but we don't have a good contract? Mr. James said that
there is a process we have to follow and a time frame to get everything queued up. Financial
Advisor Mark McLiney stated this notice of intention lets voters know in advance because it
will be published two weeks in a row. It does not issue the debt. It is the first legal step in
order to sell the debt. Mr. McLiney stated on June 3, 2014, we would come to Council with
interest rates and the sale document and supporting Ordinance authorizing it. Mr. James
reiterated that we will not issue bonds until we have a signed contract.
Mayor Carpenter recognized Councilmember Scagliola who stated the 2010 bonds were
about $6.6 million which included the relocation of the Playscape. There is about $5.5
million left. By partnering with the YMCA and SCUCISD it appears we have an opportunity
to have a $9 million dollar facility. Mr. James said yes, we spent money on the Playscape
and will spend money on design and soil testing but there are still some unknowns in regard
to the flood plains and we must meet our obligations. The goal is to pull in the money from
the YMCA and SCUCISD and have a facility that most people are satisfied with. Mayor
Pro -Tem Scagliola pointed out we have an established relationship with the YMCA and they
have not let us down. Mr. James agreed it does help solidify our partnership with them.
There is no better track record than what the YMCA has.
1"L,
Mayor Carpenter recognized Councilmember Edwards who pointed out our accomplishments
with the pool in Pickrell Park which was constructed in 1974, the construction of the Civic
Center and the new Animal Adoption Center on Community Circle, and stating that all these
cost money. He stated we cannot get to design without these obligations, correct? Mr. James
said there is risk in going forward but every Council has had to deal with this. There is a
cost to running all these services. Sometimes it is contracted out and sometimes City staff
runs it. There is always maintenance cost by either adding people or partnering with other
sources. So far we don't have anyone in mind for the natatorium and it is probably not
within our staff's qualifications to do it. The buildings and systems of today are more
complicated. The current Parks and Recreation employees already have a lot on their plate
and do not have the training for what we are going to be building.
04 -15 -2014 Minutes Page - 10-
Mayor Carpenter stated we passed a bond in 2010 and have spent years evaluating what is
the best for the community. He wrote down several concepts: 1) Make no mistakes or keep
them to the barest minimum. We've learned when we spend taxpayer's money we better do it
well and do it right the first time so we don't incur more costs down the road. 2) Build the
correct project that meets the needs of the most possible stakeholders without going so far
that we adequately meet the needs of none of them.
This is a delicate balance that we have worked on for years. 3) We have to ensure that the
people, who are paying for the construction of the project and paying the taxes, pay the least
for the access to it. 4) Ensuring long term sustainability and cost - effective maintenance and
operation. 5) We cannot build a project that saddles the next team with unnecessary
problems due to our poor planning. What we have done well is we have built the most that
we can and should build without overbuilding. Our job, whenever we spend taxpayer money
is that we mitigate our risks, both short term and long term. We have done that with the
1970's baseball fields. We have entered into public - private partnerships since early on and
this has allowed us to do more with less. When we sit up here on the dais and act like it's our
money that we are spending, we tend to get things right. He said after looking at all the
options and what we have come to know with the school district and YMCA, it is a good deal
for the City.
The YMCA has also done a good job for the City and been around a long time. It is time for
us to move forward and we have a responsibility to respond towthe
Councilmember Fowler asked for clarification on the fiscal impact. Mr. James stated that
ultimately the City is obligated to pay for the bonds at the end of the day. The way this is
structured though, is that the YMCA's payment to the City would wind up being the payment
for the bond. Mark McLiney of Southwest Securities stated if we proceed with the issuance
of the certificates of obligations, ($2 or $3 million) based on the interest; there will be an
annual debt service obligation. The monies from the School District and YMCA can be used
to offset the payments. Anything short would have to come from other City resources.
City Manager John Kessel stated we will have a fairly close estimate of how much we need
to issue and what the interest will be prior to issuing that debt. The further along we get with
the project, the closer we will get this figure. We need to proceed with the design so we can
have the knowledge of whether we will have enough money for the facility we want.
Councilmember Fowlerasked if we could not finalize a contract until we get an idea of what
the cost is going to be. Mr. James stated that the contract with the YMCA includes language
that acknowledges that if the cost is very different than what we anticipated we would
regroup at that point and figure out what to do.
Mayor Carpenter stated we have already embarked upon this project and expended some of
the funds from the bond to move the Playscape. Once we have a bond election and issue and
sell the bonds, we are obligated to produce that project. City Attorney Charles Zech
confirmed we were obligated to follow through with the project it was directed for. Mayor
Carpenter stated it is time for us to move forward.
04 -15 -2014 Minutes Page - 11 -
Consent Agenda Items
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who requested Item No. 2 be removed off
the Consent Agenda.
Councilmember Edwards left the Dais.
1. Minutes - Approval of the minutes of the regular meeting of April 8, 2014 (J. Kessel /B.
Dennis)
3. Resolution No. 14 -R -38 — Approve a Resolution authorizing a modification to the existing
construction contract for the construction of three baseball fields, an equipment storage
building and associated support systems. (J. Kessel /P. Gaudreau) ®.
The following was read into record:
RESOLUTION NO. 14 -R -38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION
CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN
EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Mayor Pro-
Tern Scagliola, to approve the consent agenda items 1 and 3. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Fowler and John voting yes and no one
voting no. Councilmember Edwards had t the Dais and Councilmember Duke was
absent. Motion Carried.
Discussion and Action Items
Councilmember Edwards returned to the dais.
m
2. Ordinance No. 14 -D -16 — Approve an Ordinance amending the Code of Ordinances of the
City of Schertz, Texas to prohibit parking from the driveway of the Oaks of Green Valley II
Shopping Center to the bridge structure on the north side of the road, approximately 115
feet. Final Reading (K. Woodlee /L. Busch)
The following was read into record:
04 -15 -2014 Minutes Page - 12 -
ORDINANCE NO. 14 -D -16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86 -149 PARKING
PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF
SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated that there were some
unresolved questions from last week and he wanted an update from staff. Executive Director
of Development Brian James recommended Council move forward with the no parking as
written in the ordinance last week. Staff will go back to the Transportation Safety Advisory
Commission (TSAC) and advise them of Council's concerns. He will have TSAC look at
any kind of additional striping or signs, and go back and speak with the building owner about
potentially expanding the parking in the grassy area off to the side. He stated moving forward
with what we currently have lets us take that first step to I d a solution.
Mayor Pro -Tem Scagliola stated this was a good start but he thought it would be better to
have no parking painted on both the North and South sides of the curb and that should be our
starting position. He then made a motion that they approve Ordinance No. 14 -D -16 with the
stipulation that we have no parking red zones on both the north and south sides of the street.
A second was made by Councilmember Edwards. City Attorney Charles Zech interjected at
this point stating he preferred that Council simply approve the Ordinance as written which
addresses the north side of the street and then next week bring back another ordinance that
addresses the south side of the street. The reason is that it gives the public sufficient notice
of the action about to be taken. On the advice of the City Attorney, Mayor Pro -Tem
Scagliola and Councilmember Edwards withdrew their motions.
City Manager John Kessel also advised approving the existing Ordinance tonight because of
the life safety issue it addresses with the sight and visibility problem of traffic flow. A
second Ordinance can be presented next week addressing the south side of the street. After
that, all information can be presented to TSAC to update them on the information at hand and
get their buy -in.
Mayor enter ma a motion, seconded by Mayor Pro -Tem Scagliola, to approve
Ordinance 14 -D- Iff on final reading. The vote was unanimous with Mayor Pro -Tem
Scagliola,t W bers Fowler, John and Edwards voting yes and no one voting no.
Councilmemb was absent. Motion Carried.
4. Resolution No. 14 -R -37 — Consideration and/or action approving a Resolution authorizing
and approving publication of Notice of Intention to issue Certificates of Obligation;
complying with the requirements contained in Securities and Exchange Commission Rule
15c2 -12. (J. Kessel /M. McLiney /A. Friedman)
The following was read into record:
04 -15 -2014 Minutes Page - 13 -
RESOLUTION NO. 14 -R -37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE
REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE
COMMISSION RULE 15c2 -12; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Southwest Securities Financial Advisor Mark McLiney who
introduced this item stating the City is considering issuing up to $3,000,000 of Certificates
of Obligation for the purpose of constructing a recreation pool and related facilities that will
enhance the planned competition pool.
The City will enter into an agreement with the YMCA that will help offset the debt service
with annual payments from the YMCA. The Certificates of Obligation will pledge that ad
valorem taxes be used to repay the Obligations, but if payments from the YMCA are
sufficient then there will be no impact on the City's tax rate. Staff recommends approval.
A* kle
Mayor Carpenter recognized Mayor Pro -Tem Scagliola, ►who moved, seconded by
Councilmember Fowler to approve Resolution No. 14 -R -37. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Fowler, John and Edwards voting yes and no
one voting no. Councilmember Duke was absent. Motion Carried.
.ter
5. General Obligation Bonds - Presentation and consideration and/or action by Southwest
Securities, the City's Financial Advisor, regarding refunding the City's General Obligation
Bonds, Series 2006 for Debt Service Savings and authorizing the City Staff and Financial
Advisor to proceed with the refunding. (J. Kessel/M. McLiney /A. Friedman)
Mayor Carpenter recognized Southwest Securities Financial Advisor Mark McLiney who
introduced this item stating that over the previous months, they have been discussing the
ability to refund a portion of the outstanding General Obligation Bonds, Series 2006 for debt
service savings with City Staff as interest rates have continued to remain near historic lows.
,"Mfg,.
The City's current outstanding Series 2006 General Obligation Bonds, which are supported
by ad valorem taxes, become callable on February 1, 2016. The City can issue new Bonds
and Refund the existing Obligations in advance of their call date and achieve debt service
savings. Based upon today's interest rates a new Refunding Bond would save the City
approximately $612,000 or $47,000 per year.
Staff recommends that the City Council approve the City's financial advisors to proceed with
the necessary steps to refund the Series 2006 Bonds and present the Council with final
interest rates and savings at the City's regularly scheduled May 20, 2014 City Council
meeting where final action will be taken by the Council.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Fowler, to approve the City's financial advisor advice and proceed with the
necessary steps to refund the Series 2006 Bonds and present the Council with the final
interest rates and savings at the May 20, 2014 City Council meeting. The vote was
04 -15 -2014 Minutes Page - 14-
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards
voting yes and no one voting no. Councilmember Duke was absent. Motion Carried.
6. Resolution No. 14 -R -36- Consideration and/or action approving a Resolution approving a
Landscape Construction and Maintenance Agreement with the Texas Department of
Transportation regarding the Landscaping of the Comal Settlement Historical Marker. (B.
James /S. Willoughby)
The following was read into record:
RESOLUTION NO. 14 -R -36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT
HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director of Development Brian James and Public
Works Director Sam Willoughby who introduced this item stating the Schertz Historical
Preservation Committee and Comal Settlement Association petitioned Texas Department of
Transportation ( "TxDOT ") to allow their groups to install and maintain landscaping around a
Comal Settlement Historic Marker at the intersections of Old Nacogdoches Road and FM
482. TxDOT requires a "Landscape Construction and Maintenance Agreement" agreement
with the City of Schertz to accept responsibility for the work. The Agreement requires the
City to ensure that "adequate insurance for payment of damages which might result during
Facility activities" be provided.
Initially the City had planned to enter into an "Acknowledgement of Conditions for
Landscape Maintenance Work" Agreement with the Schertz Historical Preservation
Committee and Coma] Settlement Association to perform all of the labor, installation, and
maintenance in the area. The requirement for provision of adequate insurance proved
problematic. As such it is agreed that the City will host volunteer work days to organize,
oversee and supervise the installation and maintenance of the landscaping. The two groups
will purchase the landscaping materials. Volunteers will need to sign waivers /hold harmless
agreements to participate in the work days which will be supervised by a City employee.
Fiscal impact is less than $1000 per year in staff time. Staff recommends approval.
Director of Public Works Sam Willoughby briefly reiterated the contents of the "Landscape
Construction and Maintenance Agreement" required by TxDot with the City of Schertz to
accept responsibility for the work to maintain the landscape area around the historical
marker.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by
Councilmember Edwards, to approve Resolution No. 14 -R -36. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Edwards voting yes
and no one voting no. Councilmember Duke was absent. Motion Carried.
04 -15 -2014 Minutes Page -15 -
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for
items 1 through 6.
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
City Manager John Kessel stated he went to a portion of the YMCA's National Conference
in San Antonio last Thursday and he spoke at one of their sessions. The session was about
how to form more public - private partnerships between municipalities and YMCA
organizations.
It has been discovered that neither cities nor YMCA's can accomplish the evel of facility
output desired separately, but together they can accomplish more. The president of YMCA
CANVA who is over all the YMCA's in the country was present and asked for advice in
regard to forming a public - private partnership for the Pan American games in Toronto. Mr.
Kessel stated we are seen in Schertz as being an international leader in making these
partnerships work. We were one of the few cities who have accomplished this partnership
with the YMCA and now there are others who are following suit. A lot of eyes are looking at
the innovation and we are being held up as a model by the YMCA as well.
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
W
Mayor Carpenter stated he would like us to revisit a topic brought up at Council before about
honoring former mayors and other community members; in particular, Former Mayor
Bueker. He suggested we schedule this in about two weeks as a general discussion and
action item. A
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following
events:
• April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009
04 -15 -2014 Minutes Page - 16-
• April 15, Schertz Chamber Luncheon, Schertz Civic Center
• April 15, Animal Adoption Center -Grand Opening, 800 Community Circle
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
events:
• April 10, Community Volunteer Fair, 3900 FM 3009
• April 11, Randolph Family Dental Ribbon Cutting, 3900 FM 3009
• April 14, George Logan Retirement Lunch, Pickrell Park
• April 15, Schertz Chamber Luncheon, Schertz Civic Center
• April 15, Animal Adoption Center -Grand Opening, 800 Community Circle
Mayor Carpenter stated he wanted to mention two charity event items. On May 10, 2014, the
Randolph Area Christian Assistance Program will be conducting a Food Drive which will be
headed by the National Association of Letter Carriers. They have been providing food to the
needy in the various community areas for the past 30 years. If you have a chance, please stop
by and give them words of encouragement for it efforts.
s �
The second item is a letter he received from the United States Department of Interior,
National Park Service at Lyndon B. Johnson National Historic Park, thanking Schertz
Paramedic Brandon Hill, who organized a team of other emergency medical technicians
(EMTs) from Schertz who offered their time to watch over the other 1,500 participants in the
LBJ 100 Bicycle Tour. He thanked the Schertz volunteers who showed support for this event
and represented our City.
Adjournment
at 9:25 p.m.
Mayor, Michael R. Carpenter
City Secretary, Brenda
04 -15 -2014 Minutes Page - 17 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: April 22, 2014
Department: Development Services
Subject: Ordinance No. 14 -S -19 — Conduct a Public
Hearing and consideration and/or action on a
request by William and Christy Martinez for
a Specific Use Permit to allow an In -Home
Day Care at 4202 Wensledale Drive. The
property is more specifically described as
Lot 25, Block 4 of the Whisper Meadows at
Northcliffe II Subdivision, Unit 2; City of
Schertz, Guadalupe County, Texas. (First
Reading)
BACKGROUND
The applicant is requesting a Specific Use Permit to allow an In -Home Day Care at 4202
Wensledale Drive which is an existing single family residential lot zoned Garden Home (GH)
within the Whisper Meadows at Northcliffe II Subdivision, Unit 2. The subject property
contains an approximately 2,400 square foot home that is currently owned and occupied by
William and Christy Martinez.
An In -Home Day Care is defined in the UDC as a home occupation that provides care for less
than twenty-four (24) hours a day to no more than six (6) children under the age of fourteen
(14), plus no more than six (6) additional elementary school -age children (age five (5) to
thirteen(13)). The total number of children, including the caretaker's own children, is no more
than twelve (12) at any time. This use is subject to registration with the Texas Department of
Protective and Regulatory Services.
The public hearing notice was published in "The Daily Commercial Recorder" on April 4, 2014
and the "Herald" on April 9, 2014. Thirty (30) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on March 13,
2014. Staff received three (3) responses to the request which are as follows:
• two (2) responses in favor of the request; and
• one (1) response neutral to the request with concerns of HOA approval.
City Council Memorandum
Page 2
Goal
William and Christy Martinez are requesting a Specific Use Permit to allow an In -Home Day
Care at the single family residence to teach preschool to children ages 3 thru 5 years.
Community Benefit
It is the City's desire to promote safe, orderly, efficient development and ensure compliance with
the City's vision of future growth.
Summary of Recommended Action
CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT:
1. A building permit, if necessary for the use, has been approved within one year of the
adoption of this ordinance; and
2. The use has begun operation within two years of this issuance of the necessary building
permit; and
3. A home occupation permit has been approved within one year of the adoption of this
ordinance; and
4. Registration with the State of Texas has been approved within one year of the adoption of
this ordinance.
IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is located in
a single family residential neighborhood and the proposed use of In -Home Day Care does not
appear to negatively impact the adjacent properties.
STAFF ANALYSIS AND RECOMMENDATION:
Ms. Martinez has indicated that she will be caring for and working with preschool children ages
3 thru 5 years in her home in the morning and the afternoon. The HOA has granted permission
to run the daycare out of the residence at 4202 Wensledale.
The Planning and Zoning Commission, in making its recommendation, and the City Council, in
considering final action on a Specific Use Permit, should consider the following criteria:
1. the proposed use at the specified location is consistent with the policies embodied in the
adopted Comprehensive Land Plan;
2. the proposed use is consistent with the general purpose and intent of the applicable
zoning district regulations;
3. the proposed use is compatible with and preserves the character and integrity of adjacent
developments and neighborhoods, and includes improvements either on -site or within the
public rights -of -way to mitigate development related adverse impacts, such as safety,
traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent
development and neighborhoods;
4. the proposed use does not generate pedestrian and vehicular traffic which will be
hazardous or conflict with the existing and anticipated traffic in the neighborhood;
City Council Memorandum
Page 3
5. the proposed use incorporates roadway adjustments, traffic control devices or
mechanisms, and access restrictions to control traffic flow or divert traffic as may be
needed to reduce or eliminate development generated traffic on neighborhood streets;
6. the proposed use incorporates features to minimize adverse effects, including visual
impacts, of the proposed use on adjacent properties;
7. the proposed use meets the standards for the zoning district, or to the extent variations
from such standards have been requested, that such variations are necessary to render the
use compatible with adjoining development and the neighborhood;
8. the proposed use and associated Site Plan promote the health, safety or general welfare of
the City and the safe, orderly, efficient and healthful development of the City;
9. no application made under these provisions will receive final approval until all back taxes
owed to the City have been paid in full; and
10. other criteria which, at the discretion of the Planning and Zoning Commission and City
Council are deemed relevant and important in the consideration of the Specific Use
Permit.
Staff recommends approval of the Specific Use Permit at 4202 Wensledale.
FISCAL IMPACT
None
RECOMMENDATION
The Planning and Zoning Commission conducted the public hearing on March 26, 2014 and
offered a recommendation of approval to grant a Specific Use Permit with the condition that the
permit is valid as long as William and Christy Martinez own and occupy the property by a
unanimous vote.
A Specific Use Permit allows for discretionary City Council approval of uses with unique or
widely varying operating characteristics or unusual site development features, subject to the
terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a
property owner to submit subsequent development applications consistent with the approved
SUP.
Based on the provisions of the UDC and Staff recommendation the Commission recommended
approval of the Specific Use Permit with the condition that the permit is valid as long as William
and Christy Martinez own and occupy the property. After review of the request by the City
Attorney it has been determined that a condition related to the duration of the permit based on
ownership cannot be placed on a Specific Use Permit.
In light of the determination, Staff recommends approval of the Specific Use Permit at 4202
Wensledale with no expiration.
City Council Memorandum
Page 4
ATTACHMENT
Ordinance No. 14 -S -19
ORDINANCE NO. 14 -S -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ZONING 4202 WENSLEDALE DRIVE, SCHERTZ, GUADALUPE COUNTY, TEXAS
TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF AN IN -HOME DAY
CARE
WHEREAS, An application for Specific Use Permit to allow an In -Home Day Care at 4202
Wensledale Drive, more particularly described in Exhibit A attached hereto and incorporated
herein by reference, as Lot 25, Block 4 of the Whisper Meadows at Northcliffe II Subdivision,
Unit 2 (hereinafter, the "Property ") has been filed with the City; and
WHEREAS, the City's Unified Development Code Section 21.5.11.D. provides for certain
conditions to be considered by the Planning and Zoning Commission in making
recommendations to City Council and by City Council in considering final action on a requested
specific use permit (the "Conditions "); and
WHEREAS, on March 26, 2014, the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, herby makes a recommendation of approval of a
rezoning to allow a Specific Use Permit for an In -Home Day Care; and
WHEREAS; on April 22, 2014 the City Council conducted a public hearing and after
considering the Conditions and recommendation by the Planning and Zoning Commission,
determined that the requested zoning to allow a specific use permit be approved as provided for
herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT:
Section 1. 4202 Wensledale Drive, as more particularly described in the attached Exhibit
A, is hereby zoned for a Specific Use Permit to allow an In -Home Day Care conditioned upon
the following occurring:
a) A building permit, if necessary for the use, has been approved within one year of the
adoption of this ordinance; and
b) The use has begun operation within two years of the issuance of the necessary
building permit.
c) A home occupation permit has been approved within one year of the adoption of this
ordinance; and
d) Registration with the State of Texas has been approved within one year of the
adoption of this ordinance.
Section 2. The Official Zoning Map of the City of Schertz, described and referred to in
Article 2 of the Unified Development Code, shall be revised to reflect the above amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 4. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 5. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 7. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
Section 9. This Ordinance shall be cumulative of all other ordinances of the City of
Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the
provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby
repealed.
Approved on first reading the 22" `t day of April, 2014
PASSED, APPROVED AND ADOPTED on final reading the 6th day of May, 2014.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Exhibit A
"The Property"
See Attached
S.U.P. Fact Sheet Adventures in Preschool Christian Pre -k
Christy Martinez
4202 Wensledale Drive
Schertz, TX 78108
My goal in moving to Schertz is to open up my own Christian Preschool. The foundation
of the preschool is "Just Like Home." I would like to teach Pre -K classes in my home. I believe
this preschool would be nice for the community. I envision families from the subdivision and
community attending the preschool.
Specifics
The preschool would be for 3 -5 year olds. I would like to have an AM and PM program,
with each class lasting for three hours each. There would be a maximum of 6 students in each
class.
The preschool would be completely inside the home. I don't believe it would cause a
traffic issue considering I would have a maximum of 6 students per class. The classroom would
meet the physical, social, and cognitive needs of the students. We also have a safe play area in
the fenced backyard for outdoor activities.
We have coordinated with Whisper Meadows HOA to inform them of the proposed
preschool and they have approved the preschool.
- Request permission from HOA to run daycare /preschool out of home (Completed, request
granted, see attached correspondence from HOA)
- Turn in application and applicable fees for Specific Use Permit from the City of Schertz
- Turn in application and applicable fees for In Home Occupation Permit from the City of
Schertz
- Turn in application and fees, receive inspection, and receive permit to become a licensed In
Home Care Provider by the Texas Department of Child Protective Services
Qualifications
- Bachelors Degree in Early Childhood Education from New Mexico State University
- Masters Degree in Education with a Specialization in Early Childhood Education
- Early Childhood teaching certificate with the State of New Mexico, and working toward
teaching certificate with the State of Texas
- 8 years of teaching experience as the lead teacher in a NM Pre -K Initiative Program:
On Track Pre -K Center
Sunland Park, NM
(575)882 -6740
- 2 years prior experience working in a private preschool/ daycare:
Alpha Tots
1205 E. Madrid
Las Cruces, NM 88001
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: April 22, 2013
Department: Public Works
Subject: Ordinance No. 14 -F -20 — Amending the City's
Drought Contingency Ordinance 13 -F -26 by
updating Exhibit B Water Conservation Plan and
others in connection therewith; providing an
effective date; and declaring an emergency. First
and Final Reading.
BACKGROUND
Texas Water Development Board (TWDB) requires all cities to have a water conservation plan on file
to satisfy the requirements of 30TAC Chapter 288. The City of Schertz adopted an amended Water
Conservation Ordinance 09 -F -21 on June 23, 2009. The guidelines set forth by the TWDB for the
conservation plan include a strategy or a combination of strategies for reducing the consumption of
water, reducing the loss of waste of water, improving or maintaining the efficiency in the use of water,
or increasing recycling and reuse of water. It contains Best Management Practices (BMP) measures to
try to meet the targets and goals identified in the plan.
In August 2013, the Public Works Department updated the Conservation Plan to meet the new Best
Management Practices (BMP) requiring that new single -pass cooling system connections and new non -
recirculating systems for commercial laundry systems are prohibited and provided for the enforcement
of the requirement of all automated care wash facilities to implement recycle technology.
The City is required to update Exhibit B Water Conservation Plan every five years. The Water
Conservation Plan includes information on the City's Utility Profile, Water Conservation Plan Goals,
Metering, Water Audit, Leak Detection /Repair Program, Public Education/Water Rate Structure,
Plumbing Code, Water Conservation Landscaping, Retrofit/Replacement Program, Recycle and Reuse,
Water Wholesale Agreements, Record Management Systems, Coordination with Regional Planning
Groups, and Implementation and Enforcement.
Staff has reviewed the current Exibit B Water Conservation Plan and has identified the areas that need
to be updated and has made these corrections to bring forth for approval. This Ordinance only updates
Exhibit B the Water Conservation Plan. No changes will be made to the Drought Contingency Plan.
Goal
To ensure that the City of Schertz is in compliance with the Conservation requirements set forth by the
Texas Water Development Board as well as ensure that the City's Drought Contingency and
Conservation Plans are up -to -date with the most current information.
Community Benefit
Through proper Drought Contingency and Conservation Plans, the City will be able to properly serve
the residents with reliable drinking water and adequate pressure for years to come.
Summary of Recommended Action
Staff recommends approval of Ordinance 14 -F -20 on first and final reading amending the City's
Drought Contingency Ordinance No. 13 -F -26 by updating Exhibit B Water Conservation Plan
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
Staff recommends Council approve Ordinance 14 -F -XX on first and final reading.
ATTACHMENTS
Ordinance 14 -F -20
Amended Water Conservation Plan with Exhibit B
ORDINANCE NO. 14 -F -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE CITY'S DROUGHT CONTINGENCY ORDINANCE
NO. 13 -F -26 BY UPDATING EXHIBIT B WATER CONSERVATION PLAN AND
OTHERS MATTERS IN CONNECTION THEREWITH; PROVIDING AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the Texas
Commission of Environmental Quality along with requirements of 30 TAC Chapter 288
require all public water supply systems in Texas to prepare a drought contingency and
water conservation plan and update such plan every five (5) years; and
WHEREAS, the City Council adopted Ordinance 09 -F -21, establishing a Drought
Contingency and Water Emergency Response Plan and amended said plans with
Ordinance 13 -F -26; and
WHEREAS, Exhibit B to Ordinance No. 13 -F -26 relating to the Water Conservation
Plan, was not updated when Ordinance No. 13 -F -26 was passed; and
WHEREAS, as authorized under law, and in the best interests of the citizens of Schertz,
Texas, the City Council deems it expedient and necessary to amend the Drought
Contingency Ordinance by updating Exhibit B Water Conservation Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SCHERTZ, TEXAS:
Section 1. The City Council hereby amends Ordinance No. 13 -F -26 by
updating Exhibit B Water Conservation Plan in the form attached hereto as
Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be
true, and such recitals are hereby made a part of this Ordinance for all purposes and are
adopted as a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of
such conflict, and the provisions of this Ordinance shall be and remain controlling as to
the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Ordinance and
the application of such provision to other persons and circumstances shall nevertheless be
valid, and the City hereby declares that this Ordinance would have been enacted without
such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at
which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
Section 7. Pursuant to Section 4.09(e) of the City Charter, by vote of not less than
two - thirds of the members of the City Council present at the meeting at which this
Ordinance was first considered, the City Council has determined that an emergency exists
which requires immediate action, and this Ordinance is hereby adopted on a single
reading, and this Ordinance shall be effective upon the date hereof and any publication
required by law.
PASSED, APPROVED, AND ADOPTED ON FIRST AND FINAL READING, the
22nd day of April 2014.
APPROVED:
Michael Carpenter, Mayor
ATTESTED TO:
Brenda Dennis, City Secretary
(Seal of City)
Exhibit B
CITY OF SCHERTZ
WATER CONSERVATION PLAN
Utility Profile
Schertz receives its water from two locations. The primary location is from the
Schertz /Seguin Local Government Corporation ( SSLGC). The SSLGC has twelve (12)
wells and a treatment facility in Gonzales County. This source is obtained from the
Carrizo Aquifer. The SSLGC is made up of a Board of Directors comprised of officials
from both the City of Schertz and the City of Seguin. The Corporation was developed in
2003. The water is delivered through a 40 -mile pipeline from the well fields to both
cities. Both cities are allotted 5,774 acre /feet a year at this time.
The second source of water is from our Nacogdoches well site located at 19625 FM 3009.
This source is from the Edwards Aquifer; it is used as an emergency back up to the
primary source and for peak usage.
Our service area encompasses the IH -10 border on the south end of the city limits, FM
2252 at the north end of the city limits, the City of Selma along IH -35 on the west end,
and the City of New Braunfels along IH -35 at the east end.
The current population served by water is estimated at 34,883. Based on a 1.8 -2%
historical growth rate, the 5 -year estimated population projection is 37,400 for the year
2019, and the 10 -year estimated population projection is 41,200 for the year 2024. The
City currently has 14,255 service connections. (12,014 Residential, 1401 Multi- Family,
714 Commercial, 126 Institutional, and 2 Wholesale Emergency Connections)
Schertz Water System data compiled in 2014 indicated an average daily water use of
4.747 million gallons and a peak daily average of 6.257 million gallons. The City of
Schertz is allotted 5,774 acre /feet of water from the SSLGC and 1,768 acre /feet from the
Edwards Aquifer Authority each year. Schertz Water System currently has 15 million
gallons of capacity of ground and 4.5 million gallons capacity elevated storage tanks, 4
booster pump stations, and has about 194.2 miles of transmission and distribution system
delivery lines. The City has plans for an additional 4 million gallons of storage tanks.
Schertz Water System consists of 86.6 miles of sewer collection mains with 16 Lift -
Stations. The City contracts with Cibolo Creek Municipal Authority (CCMA) and
Guadalupe Blanco River Authority (GBRA) to treat sewer effluent. Where the City has
no collection system there are On -Site Sewage Facilities (OSSF). The OSSF are
permitted and monitored through the three (3) appropriate county agencies.
CCMA wholesales reuse water to the local high school athletic fields and nurseries. Re-
use water is also supplied to Randolph Air Force Base which is one of our emergency
wholesale customers.
Water Conservation Plan Goals
The goals of the program are to reduce water loss and per capita water usage through
water conservation best management practices and to provide for a reduction in water
usage during times of shortage. Reduction in losses and usage will extend the availability
of the existing water supply and infrastructure resulting in reduced capital and operating
costs.
Water loss Goal:
5 -year 5% reduction
10 -year 10% reduction
Per Capita Usage Goal:
5 -year 1% reduction
10 -year 3% reduction
Metering
Metering at point of source:
Schertz has a master meter at the Live Oak Storage Facility where water is accepted to
the system from the Schertz /Seguin Local Government Corporation. The City of Schertz
also has master meters located at both wells at our Nacogdoches Well Site. This site is on
the Edwards Aquifer and is used for emergency and top off purposes only. The meters are
accurate to within 1% and are calibrated annually.
Universal Metering:
Schertz requires the metering of all connections to the water system, including
residential, commercial, industrial, and municipal use. The City completed the
replacement of 100% of all meters in 2008 and also employed the use of a radio read
network automatic meter reading (AMR) system. This system has the ability to provide
usage information for billing, identify unusual usage patterns, usage due to leaks,
tampering and detect meter malfunctions. When an unusual usage pattern or meter
malfunction is detected, the meter is then tested and replaced as necessary. The
calibration of the AMR to meter interface is checked at least annually to ensure proper
system operation.
Water Audit
Schertz maintains a record management system that tracts water pumped, delivered, and
sold with the ability to determine the amount of water losses. The system allows for the
desegregation of sales into residential, commercial, industrial, and municipal uses. The
City conducts a monthly audit to determine the amount of unaccounted usage.
Schertz conducts an annual inspection of 10% of all distribution lines including the
service connections to the meter. Therefore, in a 10 -year period, the entire system is
inspected. The inspection uses ultrasonic equipment to identify leaks not visible on the
ground surface. Once identified, the leaks are repaired.
Leak Detection /Repair Program
Schertz investigates all reported leaks, performs periodic visual inspections, and performs
leak detection surveys of the water distribution lines. The use of ultra sonic leak
detection devices are also used to locate leaks. Work orders are generated and prioritized
by this program.
Public Education
Schertz promotes water conservation by informing water users about ways to save water
inside homes and buildings, in landscaping and lawn maintenance, and in recreational
uses.
Schertz informs our customers about water conservation practices through the City
newsletter and website. Water Conservation practice material can be found at the Schertz
Library, City Hall, and Public Works Complex.
Schertz includes information about water conservation in its annual Water Quality
Report. The report is posted to the City Website and is posted in public locations such as
the Library.
Schertz publishes its Water Conservation and Drought Contingency Plan on its website.
Water Rate Structure
The City of Schertz Water Rate Structure uses an inverted block rate. The rate is based on
the size of the water meter and an increase cost per 1000 gallons to discourage high
usage. It encourages customers to repair leaks in more timely manner.
Plumbing Code
The City of Schertz has adopted the 2006 International Plumbing Code for all new
construction and all remodeling that requires a plumbing permit. Section 401.3 and Table
604.4 of the code requires water saving plumbing devices and establishes maximum
acceptable flow rates for each device.
Water Conservation Landscaping
Schertz, through its information and education program, will encourage customers and
local landscaping companies to utilize water saving practices during installation for
residential and commercial institutions. The education and information program will
promote the following methods:
1. Encourage subdivisions to require drought- resistant grasses and low water
use plants.
2. Encourage landscape architects to use native, low water use plants and
grasses and efficient irrigation systems.
3. Encourage license irrigation contractors to use drip irrigation systems and
to design all irrigation systems with conservation features such as
sprinklers that emit large drops rather than a fine mist and a sprinkler
layout that accommodates prevailing wind patterns.
4. Encourage commercial establishments to use drip irrigation for landscape
watering and to install only ornamental fountains that use minimal
quantities of water, including recycling features.
5. Encourage local nurseries to offer native, low water use plants and grasses
and efficient watering devices.
6. Encourage citizens to utilize drought resistant plants and Xeriscape
techniques through education materials and landscape examples made
available by visiting our parks or facilities. Citizens may also take
advantage of our St. Augustine Replacement Rebate Program.
Recycle and Reuse
Schertz encourages reuse water to be implemented when possible. Cibolo Creek
Municipal Authority provides reuse water to the local high school athletic fields and local
nurseries. Randolph Air Force Base also purchases reuse water for irrigation of their golf
course. (RAFB is a wholesale customer of the City of Schertz)
Schertz requires all automated car wash facilities to implement recycle technology.
Water Wholesale Agreements
This plan shall require that all current and future wholesale water supply contracts that
are made with wholesale customers shall contain a "pass- through" clause that requires
direct compliance with this plan and the adopted Drought Contingency Plan.
Record Management System
Schertz retains records for its water use characteristics. The record management system
is maintained by the City Water Utility Division and is configured to provide the
following water use information:
1.
Water Production
2.
Water Delivered
3.
Water Sales
4.
Water Losses
The record management system further allows for the separation of water sales and water
usage characteristics into the following customer - specific categories:
1.
Residential
2.
Commercial
3.
Multi- Family
4.
Institutional
Coordination with Regional Planning Groups
The service area of Schertz is located within the South Central Texas Regional Water
Planning Group (Region L) Schertz provides a copy of the Water Conservation Plan to
the Group.
Implementation and Enforcement
The City of Schertz Water Department will administer the Water Conservation Program.
They will oversee the execution and implementation of all elements of the program and
supervise adequate records for program verification.
The plan will be enforced through the adoption of the Water Conservation Plan by
resolution of the City of Schertz City Council and adoption of the Drought Contingency
Plan by ordinance of the City of Schertz City Council.
Water service taps will not be provided to customers unless they have met the plan
requirements.
The building inspector will not certify new construction that fails to meet plan
requirements.
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: April 22, 2014
Department:
Subject:
BACKGROUND
Engineering / Public Works
Ordinance No. 14 -D -21 - An Ordinance by
the City Council of the City of Schertz,
Texas amending the Code of Ordinances of
the City of Schertz, Texas Article V, Section
86 -149 Parking Prohibited on Roadways
Maintained by the City of Schertz to
prohibit parking on the south side of Arroyo
Verde from the driveway of the Oaks of
Green Valley Shopping Center to the bridge
structure. First Reading
Staff attended an HOA meeting for the Arroyo Verde Subdivision where residents discussed
concerns of sight distance for the driveway from the new Oaks at Green Valley II Shopping
Center. Specifically, the residents mentioned when driving towards FM 3009 on Arroyo Verde
drivers cannot see a vehicle pulling out from the retail center if there are vehicles parked along
the north side of Arroyo Verde towards the residential subdivision. Staff visited the site to
investigate and found that the curvature of the roadway and angle of the driveway approach does
raise concerns. Also, staff made frequent visits to the sight to try and determine the impact
removing the parking will have on the businesses and it appears that within the times observed
there will not be a significant impact. The staff recommended prohibiting parking on Arroyo
Verde from the driveway of Oaks at Green Valley II to the bridge structure on the north side of
the road approximately 115 ft was approved by the Traffic Safety Advisory Commission on
March 6, 2014.
At the April 15, 2014 Council Meeting, Council passed Ordinance 14 -D -16 on final reading to
prohibit parking from the driveway of the Oaks of Green Valley II Shopping Center to the bridge
structure on the north side of the road, approximately 115 feet with the understanding staff will
return to Council following week with an Ordinance establishing no parking from the driveway
of the Oaks at Green Valley Shopping Center to the bridge structure on the south side of the
road, approximately 150 feet. The proposed ordinance is consistent with Council's direction to
staff.
As indicated at both the April 8 and April 15 City Council meetings, Staff will review this
information with the Traffic Safety Advisory Commission at their regular meeting on May 1,
2014. Staff will also investigate additional areas that may need to be included in the Parking
Prohibited Ordinance.
Goal
To ensure that all streets maintained by the City are currently listed and up to date in the City
Code of Ordinances and to alleviate the sight and traffic issues due to parking at the Oaks of
Green Valley II Shopping Center to ensure that the citizens of Schertz have safe methods to exit
their subdivision.
Community Benefit
City Ordinances are current and up to date regarding all streets owned maintained by the City to
strive to provide for the safety of the citizens of Schertz.
Summary of Recommended Action
Recommend approval on first reading to prohibit parking on the south side of Arroyo Verde
from the driveway of the Oaks at Green Valley Shopping Center (as shown in Exhibit A) to the
bridge structure on the south side of the road, approximately 150 feet.
FISCAL IMPACT
The fiscal impact will be $160 for no parking signs paid out of FY 2013 -14 approved budget
account number 101 - 359 - 551600 Street Maintenance
RECOMMENDATION
Staff recommends Council approve on first reading Ordinance No. 14 -D -21 to amend Article 5,
Section 86 -149 Parking Prohibited of the Code of Ordinances.
ATTACHMENT
Ordinance No. 14-D-21
Exhibit A
ORDINANCE NO. 14 -D -21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, SECTION 86-
149 PARKING PROHIBITED ON ROADWAYS MAINTAINED BY THE
CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been established that from the driveway of the Oaks at Green Valley
Shopping Center to the bridge structure on the south side of the road, approximately 150 -
feet is not covered under Article V, Section 86 -149 Parking Prohibited of the City Code
of Ordinances.
WHEREAS, it is recommended to add this area to the City Code of Ordinances under
Article V, Section 86 -149, Parking Prohibited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Article V, Section 86 -149 of the Code of Ordinances, Parking
Prohibited on Roadways Maintained by the City of Schertz, Texas is amended to add the
following:
Street Extent
Arroyo Verde From the driveway of the Oaks at Green Valley
Shopping Center to the bridge structure on the south
side of the road, approximately 150 feet.
Section 2. The recitals contained in the preamble hereof are hereby found to
be true, and such recitals are hereby made a part of this Ordinance for all purposes and
are adopted as a part of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance authorized herein are hereby repealed
to the extent of such conflict, and the provisions of this Ordinance shall be and remain
controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with
the laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Ordinance and
the application of such provision to other persons and circumstances shall nevertheless be
valid, and the City hereby declares that this Ordinance would have been enacted without
such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at
which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption
hereof and any publication requited by law.
PASSED ON FIRST READING, the 22nd of April, 2014.
PASSED, APPROVED and ADOPTED ON SECOND READING, the day
of .2014.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
Exhibit "A" — Arroyo Verde No Parking
150 It Parking
CenterPoint.
CenterPoint Energy
Energy
7111 Louisiana Street
Houston, TX 77002 -5231
March 31, 2014
,� �,(�,.��
Pam
3•ax -t�
CenterPoint.
CenterPoint Energy
Energy
7111 Louisiana Street
Houston, TX 77002 -5231
March 31, 2014
P.O. Box 2628
Houston, TX 77252 -2628
Mayor and City Council
City of Schertz
Schertz, Texas
Re: Notice of CenterPoint Energy's 2014 GRIP Filing for the South Texas Division
Dear Madam or Sir:
This correspondence notifies the City of Schertz (the "City") that CenterPoint Energy
Resources Corp., d/b /a CenterPoint Energy Entex and CenterPoint Energy Texas Gas
( "CenterPoint" or the "Company "), has filed tariffs and supporting documents with the Railroad
Commission of Texas (the "Commission ") consistent with section 7.7101 of the Commission's
Gas Services Division Rules and section 104.301 of the Texas Utilities Code to establish the
annual gas reliability infrastructure program ( "GRIP ") interim rate adjustment (the "IRA ") for
the customers located in the Company's South Texas Division (the "South Texas Division "),
which includes the City. Because the City has ceded its original jurisdiction over CenterPoint's
gas utility rates to the Commission pursuant to Texas Utilities Code § 103.003(a), the
Commission will establish the applicable IRA and the City need take no action.
CenterPoint consistently supplies its customers in the South Texas Division with safe and
dependable natural gas service by prudently investing in additions and upgrades to its delivery
system. The Company will continue to prudently invest in its infrastructure in order to improve
its natural gas service to its customers and to anticipate and meet their needs under all operating
conditions. The GRIP program enables a gas utility such as CenterPoint to begin recovery of its
incremental capital investment from the prior calendar year, subject to a prudence review in its
next rate case.
Pursuant to applicable law, the proposed IRA will become effective on May 30, 2014
unless the Commission acts to suspend that date for a period of up to forty-five (45) days. The
IRA approved by the Commission will be applied to the current monthly customer charge and
will remain in effect until superseded by the earlier of (1) the effective date of the Company's
next annual IRA for the South Texas Division; or (2) the issuance of a fmal.order in a formal
rate - setting proceeding for the South Texas Division.
Notice of the Company's GRIP filing will be provided to affected customers in the South
Texas Division by bill insert or by separate mailing within 45 days after it is filed with the
Commission in accordance with the applicable law. A copy of the customer notice is attached
for your reference.
City of Schertz
March 31, 2014
Page 2
Please do not hesitate to contact us with any questions you may have regarding this filing.
Sincerely,
Keith L. Wall
Director of Regulatory Affairs
Attachment
cc: Mr. Steven Greenley
Mr. George Hepburn
Mr. Paul Lock
Mr. Mark Santos
DELIVERED TO: .
U �mAn �Lcc�ztn of
NAME OFFICE (Mayor, City Secretary, etc.)
the City of Schertz on this *day of March 2014.
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TXDOT UPDATE
Partnership Luncheon
. Reflection on Past
. Report on Current Projects
. Glance at Upcoming Projects
Vision for Future
• 1999 - 2014 - >$300 Million in Federal and State Funds
Expended on Improvements in Northeast Partnership Area
• Notable projects:
• Kitty Hawk Road Expansion
• Crestway Expansion
• Lower Seguin Road Improvements
• FM 3009 (IH 35 to FM 2252) Expansion
• FM 2252 (Loop 1604 to Evans Road) Expansion
• Loop 1604 (FM 78 to Beyond Lower Seguin) Expansion
• IH 35 Operational Improvements in Live Oak and
Windcrest
• TxDOT committed to continued partnership in Northeast
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Monterrey
orge
Village
City Park Zr-herlz
0
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Randolph
city
Hills
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03
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n
• Expand to 8 Lane Expressway
• Intersection /Ramp Improvements
• Funding = Proposition 12
•Project Let in August 2012
• Construction Bid Amount = $21.6 M
• Contractor is Dan Williams Company
• Anticipated Completion in June 2014
IQI
I.
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:Allister
'Park
Mofgan s
Live C
d Is
H-ouston
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141
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• Convert
Southbound
IH 35 to
Southbound IH
410 Left
-hand Exit to
a Right -hand
Exit Direct
Connector
• Add one Additional Lane in Each Direction
• Additional Auxiliary Lanes Between Ramps
• Relocate &Reconfigure Ramps
• Intersection Improvements
• Funding = Proposition 12 &DOD -OEA Grant
• Construction Cost = $61.2 Million
• Project Let = Summer 2013
• Construction Duration = approx. 3 years
PF
Schartz
vereal City c
Live 0
Airport City
R-d N.
11 n acres t -A Co nverse
,N%
Kirby
ti
2E
ra
E
w
Id
90
AmmMmk
Loop
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BEGIN
PROJECT
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sm-
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Schertz
3 . - - C
C%,ts,way Rd
Andcrest
I v t! 1 5CI 1 Ly
L Ive
CO I-
61$ 4 'is 7!6
Loop
LW-A
10
• Expand to 4 Lanes
• $8.4 Million
• Begin — FY 2016
• Approx 2 Years
• MPO Selected
Project — 2011
STP-MM Funds
Kirby
2
0
E
LW-A
10
• Expand to 4 Lanes
• $8.4 Million
• Begin — FY 2016
• Approx 2 Years
• MPO Selected
Project — 2011
STP-MM Funds
C%6gway RO
11 n dcrest
Kirby
UnIversal City
0
L z a k
Airpo qty
78
-A &;..o nverse
n3
E
sa so
1516 1
Loop
Schertz
C
• Add Left & Right
Turn Lanes and
Traffic Signal
Improvements
• $2.8 Million
• Begin — FY 2015
• Approx 6-9
Months
• Selected through
TxDOT Statewide
Safety Projects
Call
n
— i6csa fi4�tryv"ns Rd%
9ak4 !.1 all �
Fox Rune
m
vd�xdma Ewa n
s¢S5 r
"3a FnaUrti'et ' � �� 3
'11yr iti;��in �arkwfly� � �a� +�
}� Live Oak b
Monterrey 9>�
urge Village �+ F}al��! @��
Randolph 1 CCYd4er =J 8'i rigr
Hills 5?vresde 8oi� �.
O.. :, Reserve:• ��
Judson
c
on
—El 7sre
Managed Lane Projects
■ Managed Lanes are separate lanes from the typical lanes
(also known as general purpose lanes) that utilize various
strategies to manage congestion on expressway type
facilities (i.e. IH 35, Loop 1604)
■ Managed
a toll lane
Lanes do include tolls, but they are more than just
■ Strategies for maintaining a reliable alternative can be
utilized such as:
— Reduced rates or no charge for High Occupancy Vehicles (HOV)
— No charge to transit vehicles to ride in managed lanes
— Dynamic pricing (varying the price during peak periods) for single -
occupant vehicles in order to maintain a designated operating speed
for the managed lanes
■ Managed Lanes allow additional capacity to
sooner by providing funding for construction
maintenance of the lanes through tolling.
be constructed
and long -term
■ Constructing more conventional lanes would only provide
short -term congestion relief. Due to many constraints
including funding and space limitations, it is impossible to
build our way out of congestion.
■ By keeping traffic moving at higher speeds rather than idling
in congestion, air quality will be improved.
t' CamP Balliq Stone yak Evans s .F?cf
Ito Center ar4en
Enbno Park a Ridge
r�vma 1 Fiill'sr�}iil
Ranch = -._ Park Shavano Billow" Selma
F I ste
Park yiilla�e North Central
Thousand Oaks
'uV?tmcre Northeast Live Oak
11:5ide 1 Parkw ofid San Anto n icy U n iver5al
Vance Sari AntV n io � Judson ; i y
.'ao k n - I ntem,at�onal
Braun Cagle Hilly Aidpar
7 am h
Station •ndcr st Converse
AF'S
North is�i Oak Dark
Le n Ifa w orlh North o Ventura
q�.,t3r.� salcorw
Ala�o i 164
Height-, Ratrnan RA
Ip
LOOP
ywIl Park,
�9? ntry
Wi nd c rest
IL I Lj 6*
Terrell H ills i(irby
Fort
Sarn
i Houston
A
o n
Garden Ridge
Schertz
Lhiiversa I City
Converse
Loop_
16G4.1
� I
Cibdo
St Hedi
• Evaluation of
alternative routes to
congested segments
on I H 35
• Public meetings -
Round #3 in May
2014
• Study to be complete
Summer 2014
Questions /Comments?