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04-23-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL Tuesday, April 23, 2013 at 6:00 p.m. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 04-23-2013 Council Agenda AGENDA TUESDAY, APRIL 23, 2013 AT 6:00 P.M. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Kyle Cox – Schertz First Baptist Church) Presentations • Proclamation National Crime Victims Week (Dixie Bane – Guadalupe County Children’s Advocacy Center) • Presentation/discussion and direction regarding the Final Report from the EMS Consultant (J. Bierschwale/D. Wait) City Events and Announcements • Announcements of upcoming City Events (D. Harris/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. Consent Agenda Items 04-23-2013 City Council Agenda Page - 2 - The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Joint Meeting and Regular Meeting of April 9, 2013 and the Regular Meeting of April 16, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-30 – Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of a Fire Truck and associated equipment, and other matters in connection therewith. (D. Covington/M. Spain) 3. Resolution No. 13-R-34 – Consideration and/or action approving a Resolution authorizing an Amendment to a Professional Services Agreement with Ford Engineering, Inc., and other matters in connection therewith. (B. James/M. Sanchez) Discussion and Action Items 4. Ordinance No. 13-S-13 – Continue Public Hearing and consideration and/or action approving an Ordinance on a request to rezone approximately 2.010 ± acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. First Reading (B. James/M. Sanchez) 5. Ordinance No. 13-D-14 – Consideration and/or action approving an Ordinance amending Section 86-61 of the Code of Ordinances, Traffic and Motor Vehicles, relating to driving in drainage easements; repealing all ordinances or parts of Ordinances in conflict with the Ordinance; and providing an effective date. (B. James/M. Spain) First Reading 6. Ordinance No. 13-S-15 – Consideration and/or action approving an Ordinance authorizing an application process for Developing and Operating a Cemetery in the City of Schertz; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. (B. James/M. Spain) First Reading Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 04-23-2013 City Council Agenda Page - 3 - 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 11. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 19th DAY OF APRIL 2013 AT 2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary 04-23-2013 City Council Agenda Page - 4 - I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Councilmember Scagliola – Place 2 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Antuna - Place 3 ASA Commuter Rail District Board – Lone Star Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember – Verinder – Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 16, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Special Joint meeting and a Regular meeting on April 9, 2013 and a Regular meeting on April 16, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Special Joint and Regular Meeting of April 9, 2013 and Regular meeting of April 16, 2013. ATTACHMENT Special Joint & Regular meeting Minutes of April 9, 2013 Regular Minutes of April 16, 2013 04-09-2013 Minutes MINUTES SPECIAL JOINT MEETING AND REGULAR MEETING April 9, 2013 A Special Joint Meeting and Regular Meeting were held by the Schertz City Council of the City of Schertz, Texas, on April 9, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to- wit: Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards, Sr. Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna, Jr. Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Executive Director Economic Development David Gwin Chief of Staff Bob Cantu City Attorney Samantha Dyal City Secretary Brenda Dennis Councilmember Sydney Verinder was absent. Planning & Zoning Commission Chair David Richmond Commission Member Ken Greenwald Commission Member Richard Braud Commission Member Michael Dahle Economic Development Corporation Board Member Matthew Duke Board Member Grady Morris CALL TO ORDER: 1. Call to Order by each Governing Body Mayor Carpenter called the City Council Special Joint Meeting to order at 6:05 p.m. Planning & Zoning Chair David Richmond call the Planning & Zoning Special Joint meeting to order at 6:05 p.m. There was not a quorum of the Economic Development Corporation present as a meeting was not called to order. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Linda Montgomery with Schertz United Methodist Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 2. Presentation/discussion by Gateway Planning for the North, South and Downtown sectors plan for the City of Schertz. (B. James/S. Polikov) 04-09-2013 Minutes Mayor Carpenter recognized President of Gateway Planning Scott Polikov who provided information on the following: • Planning Process and Planning Context • Market and Employment Assessment • North Schertz Sector Plan - Existing conditions - Public Process - North Schertz Framework plan • South Schertz Sector Plan - Existing conditions - Public Process - South Schertz Framework plan • Historic Downtown Schertz - Historic Downtown Schertz Design workshop - Historic Downtown zoning recommendations • Implementation • Management Framework • Infrastructure and Utility Implementation • Fiscal impact analysis for infrastructure strategy • Incentives Policy 3. Adjournment Mayor Carpenter adjourned the City Council Special Joint meeting 6:58 p.m. Planning & Zoning Chair David Richmond adjourned the Planning & Zoning Special Joint meeting at 6:58 p.m. Regular Session Regular Meeting to order at 6:59 p.m. Presentations • Proclamation recognizing Telecommunications Week (Mayor/Chief Hansen) Mayor Carpenter read and presented the proclamation regarding Telecommunications Week to Police Chief Michael and members of the 911 City of Schertz Dispatch team. • Presentation and discussion regarding Cibolo Creek Municipal Authority (CCMA) sewer rate increase. (J. Bierschwale/Amber Briggs – CCMA) Mayor Carpenter recognized Development Services Manager Amber Briggs of the Cibolo Creek Municipal Authority (CCMA) who came forward giving a brief presentation regarding the proposed CCMA sewer rate increases answering questions. Ms. Briggs stated CCMA collects $1.3MM in impact fee revenue and uses $700,000 of it to pay annual debt service. 04-09-2013 Minutes Wastewater rates are currently recovering less than CCMA’s cost of services. She stated rates must be adjusted annually to account for personnel and operating expenses increasing yearly with inflation. Wastewater expansion in FY 2016 leads to certain higher operating costs. SAWS is proposed to come off the system in 2016 and will require other customers to make up the difference in revenue. Assumption was made that no new customers (Cities, etc.,) will come on their system in the next ten years. CCMA is in the process of discontinuing the use of impact fee funds to subsidize debt service so that the impact fee funds maybe used for capacity projects. The proposed rate increase schedule is as follows: Current Rate FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Rate/1,000 Gallons $2.50 $2.50 $2.74 $3.00 $3.29 $3.60 Amount Increase - $0.0 $0.24 $0.26 $0.29 $0.31 Total rate increase/1,000 gallons FY 2013-FY2017: $1.10 Percent increase per year FY 2014 – FY 2017: 9.6% CCMA will gradually reduce the impact fees used toward debt service payments over the next four years which will free up additional impact fee revenue for capacity projects. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: • Saturday, April 13, 2013, 2nd Annual Pet Fiesta Adoption at Friendship Pet Hospital, 17244 IH 35 North - 10:00 a.m. to 3:00 p.m. • Wednesday, April 17, 2013, Ribbon Cutting Ceremony – Baptist Emergency Hospital at 4:00 p.m. • Saturday, April 20, 2013, Absolute Jazz – 1:00 p.m. to 11:00 p.m. – Pickrell Park • Thursday, April 25, 2013, Volunteer Fair and Open House – Schertz Civic Center 6:00 p.m. to 8:00 p.m. • Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel recognized and congratulated Computer Tech Kyle Gaertner, who recently completed his Cisco Certified Network Associate certification. 04-09-2013 Minutes Mr. Kessel recognized Library Director Gail Douglas and Mr. Steve White who came forward to the podium. Mr. Kessel stated that Ms. Douglas put information together and set out to seek additional funding supporting the Veterans Memorial Plaza from Guadalupe Valley Electric Cooperative (GVEC). Ms. Douglas assisted with the application process and worked with Mr. White and GVEC to seek a $20,000 grant to go toward the Phase III part of the project. Mr. Kessel presented Ms. Douglas with a letter of confirmation stating that GVEC is granting $20,000 toward the Veterans Memorial Plaza Mr. White thanked the City and Gail’s help in securing the grant. 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. Mayor Carpenter recognized the following who spoke: • Mr. Ryan Mahoney, 5233 Columbia, who came forward providing information being proposed at the legislative level regarding a home lemon law. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 2, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-16 – Consideration and/or action approving a Resolution authorizing a First Amendment to JavaNook Agreement, and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 13-R-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO JAVANOOK AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 04-09-2013 Minutes 3. Resolution No. 13-R-17 – Consideration and/or action approving a Resolution authorizing a Contact Information Amendment form relating to Economic Development Agreements, and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 13-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONTACT INFORMATION AMENDMENT FORM AND PROCESS, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 13-R-29 – Consideration and/or action approving a Resolution authorizing a Change of Name Amendment form relating to Economic Development Agreements, and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 13-R-29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CHANGE OF NAME AMENDMENT FORM RELATING TO CERTAIN ECONOMIC DEVELOPMENT AGREEMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 13-R-32 – Consideration and/or action approving a Resolution Authorizing a Memorandum of Understanding with the Schertz-Cibolo-Universal City Independent School District regarding certain matters relating to the proposed joint Natatorium Project, and other matters in connection therewith. (J. Kessel/M. Spain) The following was read into record: RESOLUTION NO. 13-R-32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH SCHERTZ- CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Antuna to approve the consent agenda items 1, 2, 3, 4, and 5. The vote was 3-0-1, with Mayor Pro-Tem Edwards, Councilmembers Scagliola and Antuna voting yes, and no one voting no, Councilmember Fowler abstaining. Councilmember Verinder was absent. Motion Carried. Discussion and Action Items 6. Ordinance No. 13-B-10 – Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of “City of Schertz, Texas Tax 04-09-2013 Minutes Notes, Series 2013”, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment letter; complying with the letter of representations with the Depository Trust Company; authorizing the execution of any necessary engagement agreements with the City’s Financial Advisors and/or Bond Counsel; and providing an effective date. First and Final reading (J. Kessel/A. Friedman – Southwest Securities) The following was read into record: Ordinance No. 13-B-10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF “CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2013”, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS WITH THE DEPOSITORY Mayor Carpenter recognizes Mr. Andrew Friedman with Southwest Securities who stated that on March 12, 2013, City Council authorized the City Manager to enter into an agreement for the purchase of a fire truck and equipment and authorized the solicitation of financing. Southwest Securities sent out financing requests in the amount of $835,000 with bids due Thursday April 5, 2013. The term of the Notes will be 5 years. Southwest Securities will present the best bid and provide a recommendation as to whom the Note should be sold. Councilmember Antuna left the dais. Action approves Ordinance No. 13-B-10 First and Final reading approving the expenditure of $835,000. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola that the City Council adopt an Ordinance authorizing the issuance of “City of Schertz, Texas Tax Notes, Series 2013”. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting yes, and no one voting no. Councilmember Antuna did not vote as he was not present during the vote and Councilmember Verinder was absent. Motion Carried. Councilmember Antuna returned to the dais. 7. Ordinance No. 13-T-09 – Consideration and/or action approving an Ordinance authorizing an amendment to the tax abatement agreement with Valero Diamond, L.P. First and Final reading (J. Kessel/D. Gwin) ORDINANCE NO. 13-T-09 04-09-2013 Minutes BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AN ASSIGNMENT AND AN AMENDMENT TO A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH CST DIAMOND, L.P., A COMPANY OPERATING IN THE CITY OF SCHERTZ. Mayor Carpenter recognized Economic Development Executive Director David Gwin who introduced this item stating that the City of Schertz, Texas (the “City”) entered into a Tax Abatement Agreement (“Agreement”) with Valero Diamond, L.P. (“Valero”), on June 27, 2006. The Agreement was authorized under Chapter 312 of the Local Government Code. Under the Agreement, Valero received 90% tax abatement for ten years on the Capital Improvements and Personal Property (machinery and equipment) located on the property. Mr. Gwin stated late last year, Valero Energy Corporation announced plans to spin off its Corner Store businesses. As result, the Agreement has been revised through the Assigned and Amended Tax Abatement Agreement (the “Amendment”). The amendment assigns the tax abatement to CST Diamond L.P. (“CST”). In connection with the assignment, CST has been identified as the lessee. No changes have been made to the quantitative terms of the Agreement. This is a housekeeping item and recommends approval of first reading. Councilmember Scagliola left the dais. Action approves first reading of Ordinance 13-T-09 approving an assignment and an amendment to a Tax Abatement Agreement with CST Diamond, L.P. The amendment will ensure that the agreement is up-do-date. Staff recommends approval of first reading. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 13-T-09 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, and Antuna voting yes, and no one voting no. Councilmember Scagliola did not vote as he was not present during the vote and Councilmember Verinder was absent. Motion Carried. Councilmember Scagliola returned to the dais. 8. Ordinance No. 13-D-11 – Consideration and/or action approving an Ordinance amending the Code of Ordinances revising Section 86-115, Maximum Limits generally on Specific Streets (FM 1103 – From IH 35 to Cibolo City Limits). First Reading (J. Bierschwale/L. Busch) ORDINANCE NO. 13-D-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Engineer in Training Larry Busch who introduced this item stating that action approves first reading of Ordinance 13-D-11 decreasing the speed limit from 55 mph to 45 mph on FM 1103 from IH-35 to the Cibolo City Limit at the request of TxDOT following a study. Staff recommends approval. 04-09-2013 Minutes Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13-D-11 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Antuna voting yes, and no one voting no. Councilmember Verinder was absent. Motion Carried. 9. Ordinance No. 13-C-08 – Conduct a public hearing, consider and make recommendations on an amendment to the Schertz Code of Ordinances, Chapter 18, Building and Building Regulations, Article I, General Requirements; Article II, the Building Code; and Article III, the Residential Code as it relates to contractor requirements, foundations, soil testing, retaining walls, and other related regulations, providing a penalty clause, and other matters in connection therewith. (B. James/M. Sanchez) (Conduct the public hearing and table action of first reading) ORDINANCE NO. 13-C-08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, GENERAL REQUIREMENTS; ARTICLE II, THE BUILDING CODE; AND ARTICLE III, THE RESIDENTIAL CODE PROVIDING A PENALTY CLAUSE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Development Services Director Michelle Sanchez who introduced this item stating that the City Council has determined a need to revise current building codes with regard to foundation, soil testing and retaining wall requirements due to numerous resident comments concerning the failure of certain residential foundations within the City. The revisions proposed are intended to ensure the proper construction of structures built in the City. Ms. Sanchez stated Development Services staff met with several focus groups to include Homebuilders; Concrete and Geo Tech professionals; Residents and HOA groups; and Developers and Engineers to gain their input on the proposed code changes. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. The Planning and Zoning Commission conducted four public hearings to receive additional public comment and to provide the Commission the opportunity to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning Commission meetings. She stated changes proposed include: • Foundations shall be designed by a Professional Engineer in Texas and all plans and supporting documents shall be signed and sealed by the Engineer. • Documents shall indicate the strand and reinforcement placement, pier size, depth, location and reinforcing beam size and location and shall include design calculations. • The Design Engineer shall perform a pre pour inspection and provide confirmation of inspection and approval. 04-09-2013 Minutes • The Design Engineer shall verify concrete mix design and tensions of post tension cable designs. • Prior to issuance of a Certificate of Occupancy, the Design Engineer shall provide a letter indicating that a strength test was performed on the batch of concrete and that the results of the strength test were consistent with the foundation design. • A Letter of Final Acceptance that the foundation has been placed in compliance with the design shall be provided by the design Engineer prior to issuance of the C of O. • The Design Engineer must be registered with the City. • Soil reports shall be provided with specific information regarding the location that the soil was tested, the soil bearing capacity, plasticity index and potential vertical rise. • The owner(s) of the property shall provide a letter that no cut or fill was performed subsequent to the soil test being conducted. • The owner(s) of the property shall provide a sealed certification from an engineer licensed to practice in Texas that the concrete has adequately cured to allow for framing of the first floor only. Prior to placing any additional load on the slab, the owner shall provide the same type of certification that the concrete has adequately cured to allow for any additional load above the first floor, but in no event shall any additional load be placed on the foundation less than 3 days after it is poured. • If the foundation is a post-tension foundation, certification that it was designed and constructed according the Post-Tensioning Institute’s (PTI) Construction Designs shall be provided. • Post-Tension foundations must be inspected by a PTI Inspector prior to placing a load on the slab or commencement of framing. • Prior to issuance of a C of O, a final survey indicating the final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. • Retaining walls in excess of four feet (4’) shall plan submittal and approval by the City Engineer along with an inspection report verifying the construction in accordance with the design plans. • Retaining walls in excess of four feet (4’) in height shall be provided with a maintenance and access easement in addition to the designated rear and side yard setbacks for the benefit of the adjacent property owner(s) and the city and to prevent any incursion into fill material. • Contractor’s license registration issued by the City may only be revoked by the City due to violations of Chapter 18, failure to obtain permits or failure to obtain property inspections. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13-C-08 amending the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations be tabled to the City Council meeting of April 16, 2013. This Ordinance shall become effective August 1, 2013 and will apply to all final subdivision plats approved on or after that date. Subdivisions that are under construction at this time will not be required to follow the adopted amendments. Mayor Carpenter opened the public hearing and recognized the following who spoke in favor of this item: • Mrs. Clare Layton, 12231 Lost Meadows • Mr. Ryan Mahoney, 5233 Columbia Mayor Carpenter recognized Mr. Robert Brockman, 1000 Elbel who reminded Council of the three (3) minute speaking limit. 04-09-2013 Minutes Mayor Carpenter closed the public hearing and stated that first reading will be on the next meeting. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked why staff could not put this on for first and final at the next meeting. Mayor Carpenter recognized City Attorney Samantha Dyal who stated that it could be posted as an emergency and be approved on first and final reading at the next meeting. Council concurred. 10. Ordinance No. 13-M-12 – Conduct a public hearing, consider and make recommendations on an amendment to the Schertz Code of Ordinances, Part III, Unified Development Code (UDC), Article 13 Land Disturbing Activities and Drainage.(B. James/L. Busch) (Conduct the public hearing and table action of first reading) Ordinance 13-M-12 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY Mayor Carpenter recognized Executive Director of Development Brian James who stated the City has rules and regulations in place to try and provide for the health, safety and welfare of the residents. In staff’s review of our current regulations we have found some areas where we believe improvements can be made to complement the quality of life Schertz has strived for. Also, as part of our Texas Pollutant Discharge Elimination System general permit, we have as part of our implementation plan a need to adopt additional ordinances to satisfy the requirements of our storm water discharge permit. A number of public hearings to gather input have been held at Planning and Zoning Commission meetings. Staff also met in a public meeting with Engineers, Developers, and citizens to gain their input on the proposed code changes to better understand if the proposed regulations and revisions to current code correct the issues of concern and fully understand the impact these changes will have on the development community. Mr. James stated the City Council has determined a need to revise the current storm water and drainage ordinance given the history of our community and the amount of property affected by floodplain, storm water runoff and flooding. With increased development in more rural areas these issues have once again caught the attention of City Council, Planning and Zoning, concerned residents and City staff. Staff is recommending that changes be made to Article 13 of the UDC, Land Disturbing Activities and Drainage. Of particular significance are changes to clarify when a clearing and grading permit is required. Staff is also proposing the creation of the Illicit Discharge and Connection Storm Water Ordinance which is designed to regulate the discharge of pollutants into the storm water system. The Ordinance for the Control of Storm Water Run-off works with other regulations to regulate storm water run-off including detention requirements. The Construction Storm Water Management Ordinance stipulates what measures have to be in place to control for soil erosion during construction. The Flood Prevention Ordinance is designed to minimize losses due to flood conditions. Of particular note is the change to generally not allow improvements to increase the water surface elevation of the base flood except on the subject property. 04-09-2013 Minutes Current ordinances allow up to a 1 foot increase. Finally, for reference staff is including a draft of the Public Works Design Specifications Manual. Mr. James stated that given the length of these documents staff wanted to provide them to City Council prior to seeking approval in order to allow Council more time to review them. The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of March 27, 2013 and offered a recommendation of approval. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13-M-12 amending the Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and Drainage be tabled to the City Council meeting of April 16, 2013. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Steve Layton, 12231 Lost Meadows, who spoke in favor of this item. • Mr. Robert Brockman, 1000 Elbel Road, who asked if this information had already been dealt with through state regulations and requirements. Executive Director Brian James stated that he would get with Mr. Brockman to address his questions. Mayor Carpenter closed the public hearing and recognized Mayor Pro-Tem Edwards who also asked that this item be placed on the next agenda for first and final reading. Council concurred. 11. Ordinance No. 13-S-13 - Public Hearing – Conduct a public hearing, consider and act on a request to rezone approximately 2.010 ± acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. (B. James/M. Sanchez) (Conduct the public hearing and table action of first reading) Ordinance 13-M-12 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY Mayor Carpenter recognized Development Services Director Michelle Sanchez who stated that this is to conduct a public hearing to consider a rezone approximately 2.010+ acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business (GB). She stated staff is recommending that this request be tabled because when the application came in they anticipated this item would be acted on by the Planning and Zoning Commission on March 27, 2013, staff published the notice for the April 9, 2013 City Council meeting on March 22, 2013. At the recommendation of Staff and the applicant, the Planning and Zoning Commission tabled consideration of the item to April 10. Since the Planning and Zoning Commission has not acted on this item, Council cannot yet consider it. 04-09-2013 Minutes Based on the Planning and Zoning action, staff recommends that the public hearing be opened and the item be tabled to allow the Planning and Zoning Commission to continue their public hearing and forward a recommendation to City Council on this request. Mayor Carpenter opened the public hearing, and as no one spoke; Mayor Carpenter closed the public hearing. No action taken as this item was tabled. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, 5, 6, 7, and 8. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:14 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Councilmember George Antuna left at 9:07 p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:37 p.m. 12. Take any action deemed necessary as a result of the Executive Session. No action taken. Roll Call Vote Confirmation Mayor Carpenter stated that the City Secretary has two corrections to make to the roll call vote confirmation. City Secretary stated that on the Consent items, Councilmember Fowler had abstained, therefore; the vote was 3-0-1, with Mayor Pro-Tem Edwards, Councilmembers Scagliola and Antuna voting yes, and no one voting no, Councilmember Fowler abstaining. Councilmember Verinder was absent. Motion Carried, and that on agenda item 6 the vote was Mayor Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting yes, and no one 04-09-2013 Minutes voting no. Councilmember Antuna did not vote as he was not present during the vote and Councilmember Verinder was absent. Motion Carried Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No announcements were provided. 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated that due to the low interest rate of 1.29% received for the Fire Truck purchase, would it not be feasible for our City Manager and staff to go out and look at the possibility of borrowing more money at this rate? He asked should the City consider other purchases. City Manager John Kessel stated that he would look into this and see if this would be advantageous and get back to the Council. Mayor Carpenter recognized Councilmember Fowler requested that the date and time on the agenda be in a different color as it is not legible on the iPad. Mr. Fowler stated that he was recently attended the AACOG meeting and a discussion evolved that the City of Schertz citizens do not have an office for job seekers, an area where citizens can come and look up current job listings. He stated that AACOG staff has been working with Library Director Gail Douglas in placing a computer at the Library for those to access their website and view job positing. He stated that Ms. Douglas will be able to place the computer in an area in the Library. 16. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Councilmember Fowler who stated that he recently attended his high school reunion in Fredericksburg. 04-09-2013 Minutes Mayor Carpenter recognized Councilmember Scagliola who stated he attended the Buffalo Valley Youth Association opening ceremony this past weekend. Mayor Carpenter stated that he did attend the Buffalo Valley Youth Association opening ceremony and was able to throw out the first pitch. Mayor Carpenter stated he was joined by Former Mayor Bueker who brought the softball he through out at the start of the 1978 ceremony. Mayor Bueker presented the softball to Mr. Johnie McDow with the Buffalo Valley Youth Association who will put the ball in a case with a plaque telling what it represents. Mayor Carpenter asked if the announcement portion, the request for items to be placed on the agenda, and request for information of the agenda could be moved before executive session. Council and Staff concurred. Mayor Carpenter stated that he received a letter of request from Bexar County Precinct 4 Commissioner Tommy Adkisson asking if he could come before Council and provide the State of County for Precinct 4 address. Council had no objections. Mayor Carpenter stated he received a letter from the National Independence Day Parade asking him to nominate three to five high school marching bands who would like to participate in the 4th July Parade ceremony in Washington D. C. Mayor Carpenter stated that he would pass along the letter to Executive Director David Harris to check with the School Districts for consideration. Adjournment As there was no further business, the meeting was adjourned at 9:24 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis 04-16-2013 Minutes MINUTES REGULAR MEETING April 16, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 16, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards, Sr. Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna, Jr. Councilmember Sydney H. Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Kyle Cox Schertz First Baptist Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: • Wednesday, April 17, 2013, Ribbon Cutting Ceremony Baptist Emergency Hospital, 16799 IH 35 North at 4:00 p.m. • Saturday, April 20, 2013, Absolute Jazz – 1:00 p.m. to 11:00 p.m. – Pickrell Park • Thursday, April 25, 2013, Volunteer Fair and Open House – Schertz Civic Center 6:00 p.m. to 8:00 p.m. • Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated he attended the Public Works longevity pinning event. Seven (7) Public Works employees received their longevity pins. Between them they have over 150,000 hours serving the City of Schertz. 04-16-2013 Minutes Mayor Carpenter recognized in attendance this evening Boy Scout Ryan Gorisha who came forward stating he was here this evening as he is working on his Citizenship in the Community merit badge and he plans on pursuing this Eagle Scout. Presentation • Schertz Sweetheart Court Fiesta Medal Presentation (D. Harris/M. Spence) Mayor Carpenter recognized Events Coordinator Mary Spence who introduced Miss Jubilee – Alyssa Brunet and Miss Friendly City – Katie Gibbons who came forward announcing the start of Fiesta, April 18, 2013 through April 28, 2013, and presented Council staff, and the audience with Fiesta medals. Ms. Spence also updated the Council regarding the recent and upcoming events of the Sweetheart Court. Workshop • Distribution and Introduction of the Final Report from the EMS Consultant (J. Bierschwale/D. Wait) Mayor Carpenter recognized EMS Director Dudley Wait who stated in July, 2012 City Council approved qualifications of an EMS Consultant, Fitch and Associates out of Kansas City, Missouri to perform a comprehensive review of all EMS operations with specific focus on billing and financial management. After an agreement was signed, the review process began in September. Mr. Wait stated the first step was an exhaustive review of EMS operational data. This included financial, billing, response, scheduling and clinical patient care. It took approximately six weeks to collect this data and almost eight weeks to review. The next step was a week of site visits and interviews. Two consultants spent five days interviewing over 30 individuals in and outside of our EMS system including fire chiefs, city leaders, finance and HR staff, emergency room directors and physicians, and hospital CEO’s. In addition, they interviewed the entire EMS leadership team, all full-time employees and five of our 13 part-time employees. From all of this work, the final 84 page report has been delivered. The executive summary concluded the following: • Multiple 911 answering points and dispatch centers impedes accurate response tracking • Compliance to our response time standards is below our desired standard • Only one dispatch center utilizes a protocol driven caller interrogation process and pre-arrival bystander instructions to be used with 911 callers • High ambulance fleets costs are tied to excessive vehicle breakdowns • Staff scheduling is not synchronized to demand times causing inefficiencies • EMS internal billing services is working very well and collection amounts are within industry standards • Management and staff communications need to be improved 04-16-2013 Minutes The executive summary concludes by stating that “the existing program has strengths that can be utilized to support the strategic objectives of the City”. The final report will be distributed in hard copy during our presentation. It is laid out in 14 specific categories. In each category, the best practices are described, benchmarks are presented and then observations and findings are presented. This is then followed up with specific recommendations to improve or increase efficiencies. At the end of the document a summary of recommendations are presented for ease of reference. Fiscal Impact – The cost of this process has been $29,480 plus approximately $5,000 of expenses including travel, meals and lodging of consultant personnel during site visits. Mr. Wait stated staff recommends no formal action at this time. After Council has reviewed the entire report, staff would ask for any specific questions to be submitted to either City Manager John Kessel or EMS Director Wait. A more in depth presentation of the entire report will be conducted next week. Council requested the report be placed on the City’s website. • Presentation and discussion regarding the Water Rate Study for the City of Schertz. (J. Bierschwale/Dan Jackson) Mayor Carpenter recognized Mayor Carpenter recognized Mr. Dan Jackson with economists.com that came forward providing a brief PowerPoint presentation regarding the Water/Wastewater rate study and long-term financial plan. Mr. Jackson provided information on the City of Schertz current water rates, revenues and cost of service under the current rates. He provided information regarding cost of service forecast assumptions that were used to develop two different long-term rate plan scenarios. Executive Director of Operations John Bierschwale and Mr. Jackson addressed questions from Council. Mr. Bierschwale stated that staff will bring this item back to Council in June with their recommendation to Council. • Presentation and discussion concerning modifications to Ordinance No. 13-D-02 regarding restrictions on driving within drainage easements. (Michael Spain) Mayor Carpenter recognized City Attorney Michael Spain who stated City staff recently met with several residents of Savannah Square Unit 2 Subdivision (which abuts Deerhaven off FM 3009) who are having difficulty accessing part of their lots that are behind their fences and within a drainage easement. The City’s recently adopted restrictions on driving within drainage easements (Ordinance No. 13-D-02, a copy of which is attached, was approved on January 15, 2013). Ordinance No. 13-D-02 amended Chapter 86 of the Code of Ordinances relating to Traffic and Motor Vehicles. The Ordinance prohibits driving over drainage easements with limited exceptions. In the case of Savannah Square Unite 2, a drainage easement crosses the back of 23 homeowners’ properties, and a fence divides the easement from the rest of the homeowners’ lots. Each homeowner is responsible for maintaining the easement on his or her property. Some of the homeowners have gates in their fence, through which they can roll a lawnmower or wheel barrow. Other homeowners have no such access and had been driving across their 04-16-2013 Minutes neighbor’s properties within the easement. Periodic maintenance may require access to the easement by a pick-up or small trailer, but the ordinance generally does not permit vehicular traffic over a drainage easement. Mr. Spain stated one resident has complained about her neighbors trespassing across her property to access their properties in the drainage easement. It appears that she is within her rights to do so. This issue is separate from the City Ordinance issue, and the City has urged the residents to try to work this private trespass matter out amicably. Mr. Spain stated the goal of the change is to retain reasonable controls on proper use of drainage easements without adversely affecting private property rights. Mr. Spain stated that he would like the Council to consider the following modifications to Section 86-61 to permit operation of a small motor vehicle, such as a passenger car or a light pickup truck, with or without an attached utility trailer, a riding lawnmower, or similar small utility vehicle; (ii) for purposes of conducting periodic maintenance and/or upkeep of a public drainage way, drainage easement, of drainage right-of-way (containing no concurrent general right of access) located on private property; (iii) by the owner of such private property or his/her agent; and (iv) with the consent of all owners of the private property in such drainage way, easement, or right-of-way required to be crossed in order to access the area to be maintained. If any drainage way, easement, or right-of-way belonging to the City must be crossed to access the area to be maintained, the Director of Public Works or his designee are authorized to consent to such access. It was the consensus of Council to have the City Attorney bring forward an amended Ordinance at a future meeting. • Presentation and discussion concerning a draft Ordinance regarding Cemeteries. (B. James/M. Sanchez) Mayor Carpenter recognized City Attorney Michael Spain and Executive Director of Development Brian James who stated in 2011, the State Legislature amended Section 711.008 of the Texas Health and Safety Code to allow certain communities, including Schertz, to approve by ordinance criteria for persons to file a written application to establish a cemetery. Communities that wish to take advantage of the statute must do so and applications must be filed with the City before September 1, 2014. The ordinance shall prescribe the information to be included in the application. Staff has developed a draft ordinance that outlines the application process and associated application form. He stated having an ordinance would allow for the process to consider applications for a cemetery. The City Council may then approve an application by Ordinance allowing a cemetery if it determines the cemetery does not adversely affect public health, safety, and welfare. Mr. Spain stated that if Council is comfortable with the draft ordinance, staff will post on a future agenda for consideration. 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. 04-16-2013 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. No one signed up to speak. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Ordinance No. 13-D-11 – Consideration and/or action approving an Ordinance amending the Code of Ordinances revising Section 86-115, Maximum Limits generally on Specific Streets, (FM 1103 – From IH 35 to Cibolo City Limits) Final Reading (J. Bierschwale/L. Busch) The following was read into record: ORDINANCE NO. 13-D-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. 2. Ordinance No. 13-T-09 – Consideration and/or action approving an Ordinance authorizing an amendment to the tax abatement agreement with Valero Diamond, L.P. Final reading (J. Kessel/D. Gwin) The following was read into record: ORDINANCE NO. 13-T-09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AN ASSIGNMENT AND AN AMENDMENT TO A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH CST DIAMOND, L.P., A COMPANY OPERATING IN THE CITY OF SCHERTZ. 3. Resolution No. 13-R-33 – Consideration and/or action approving a Resolution accepting a Correction Deed Without Warranty from Centex Homes and other matters in connection therewith. (J. Bierschwale/S. Willoughby) 04-16-2013 Minutes The following was read into record: RESOLUTION 13-R-33 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING A CORRECTION DEED WITHOUT WARRANTY FROM CENTEX HOMES TO THE CITY OF SCHERTZ AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve the consent agenda items 1, 2, and 3. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried Discussion and/or Action Items 4. Ordinance No. 13-C-08 – Continue Public Hearing and consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances, Chapter 18, Building and Building Regulations, Article I, General Requirements; Article II, the Building Code; and Article III, the Residential Code; providing a penalty clause and other matters in connection therewith, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; providing an effective date; and declaring an emergency. (B. James/M. Sanchez). First and Final Reading (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13-C-08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, GENERAL REQUIREMENTS; ARTICLE II, THE BUILDING CODE; AND ARTICLE III, THE RESIDENTIAL CODE PROVIDING A PENALTY CLAUSE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter continued the public hearing and opened it up for discussion, and as no one spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler Ordinance No. 13-C-08 first and final reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried. 5. Ordinance No. 13-M-12 – Continue Public Hearing and consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances, Part III, Unified Development Code (UDC), Article 13 Land Disturbing Activities and Drainage, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; providing an effective date; and declaring an emergency. First and Final Reading (B. James/L. Busch) The following was read into record: 04-16-2013 Minutes ORDINANCE NO. 13-M-12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 – LAND DISTURBING ACTIVITIES AND DRAINAGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Mayor Carpenter continued the public hearing and opened it up for discussion, and as no one spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Verinder Ordinance No. 13-M12 first and final reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried. 6. ZC2013-003 – SUP2013-001 - Conduct a public hearing, consider and act upon a request to rezone approximately 2.668± acres of land from General Business District (GB) to General Business District-2 (GB-2) with an associated Specific Use Permit for a self-storage facility on the subject property. The property is more specifically described as Lot 6, Block 1, Hubertus Retail as recorded in Document #200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest corner of FM -1103 and IH 35. (Application withdrawn, public hearing cancelled) (B. James/M. Sanchez) Mayor Carpenter stated this application was withdrawn by the applicant on April 4, 2013, prior to published Planning & Zoning Commission hearing and action on April 10 and Council hearing and action tonight. The public hearing has been cancelled and no action is required. No Action taken. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, and 5. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No announcements were provided. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 04-16-2013 Minutes No items requested. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated he attended the Schertz Chamber of Commerce Luncheon. He stated Secretary of State John Steen was the host speaker who made several comments regarding the State of Texas. Secretary of State Steen provided information on how well the economics are in Texas and in Schertz. Mayor Pro-Tem Edwards commended Jake Jacobs for the work he has been doing for the Schertz Lions Club, specifically the upcoming Casino Night event and he encouraged everyone to attend Friday night. Mayor Pro-Tem Edwards announced his son Cedric Jr. has been given an appointment by Congressman Lloyd Doggett to the United States Military Academy at West Point. Mayor Pro-Tem Edwards stated that Cedric Jr. will be leaving for West Point right after graduation. Mayor Carpenter recognized Councilmember Scagliola who stated he also attended the Chamber luncheon. He stated Secretary of State John Steen knows Texas and he is not afraid to let everyone know how proud he is! Mayor Carpenter recognized Councilmember Antuna who stated that with a heavy heart he will not be seeking re-election in November. He stated that he has a lot of good things happening and great opportunities coming his way that is keeping him really busy. Councilmember Antuna thanked everyone for the opportunity to serve on City Council and expressed his gratitude. Mayor Carpenter recognized Councilmember Verinder who expressed his congratulations to Cedric Jr. on his appointment. Councilmember Verinder stated he also attended the Schertz Chamber Luncheon and echoed the comments made by Secretary of State John Steen earlier today on the on economic opportunities in Texas. Mayor Carpenter expressed his congratulations to Cedric Jr. on his appointment to West Point. Mayor Carpenter also expressed his appreciation and honor of being able to serve with Councilmember Antuna, stating he will be missed. 04-16-2013 Minutes Executive Session Council did not meet in Executive Session 11. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 8:19 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 23, 2013 Department: Fire Department Subject: Resolution No. 13-R-30 - Fire Truck Purchase Agreement BACKGROUND Schertz Fire Rescue has a need to replace a 1995 fire truck that has become unreliable due to its age and condition, and furthermore the Department uses a first line fire truck having nearly 100,000 miles and is in need of moving the truck to reserve status. The City Council approved the 2012-2013 City budget which included the purchase of a fire truck (the “Fire Truck”), and Schertz Fire Rescue has done due diligence in pricing and investigating functions of more than one manufacturer of fire truck acceptable to the Department. Pursuant to Resolution No. 13-R-19, the City Council approved the purchase of the Fire Truck with the proceeds of Tax Notes, but at the time of such action, the City had not received the proposed contract. Goal Purchase new fire truck at a very competitive price. Community Benefit Provide excellent fire protection service. Summary of Recommended Action The Resolution authorizes a purchase agreement with Siddons-Martin Emergency Group. The Fire Chief and City Attorney have provided comments to the seller’s form proposal. The City receives a significant discount by up-front payment, and the City is protected by a bond assuring the return in full of the purchase price if the fire truck is not delivered to the City by the agreed delivery date. FISCAL IMPACT $754,443, payable from proceeds of recently approved Tax Notes. RECOMMENDATION Approval of Resolution No. 13-R-30 on consent. ATTACHMENT Resolution No. 13-R-30 50631258.1 RESOLUTION NO. 13-R-30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF A FIRE TRUCK AND ASSOCIATED EQUIPMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Fire Rescue has a need to replace a 1995 fire truck that has become unreliable due to its age and condition, and furthermore the Department uses a first line fire truck having nearly 100,000 miles and is in need of moving that truck to reserve status; and WHEREAS, the City Council approved the 2012-2013 City budget which included the purchase of a fire truck (the “Fire Truck”), and Schertz Fire Rescue has done due diligence in pricing and investigating functions of more than one manufacturer of fire truck acceptable to the Department; and WHEREAS, pursuant to Resolution No. 13-R-19, the City Council approved the purchase of the Fire Truck with the proceeds of Tax Notes, but at the time of such action, the City had not received the proposed purchase contract; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute a purchase contract with Siddons-Martin Emergency Group in substantially the form of the proposal attached hereto as Exhibit A, with changes marked therein as recommended by the Fire Chief and the City Attorney. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. 50631258.1 - 2 - Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this _____ day of _______, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50631258.1 A-1 EXHIBIT A FIRE TRUCK PURCHASE CONTRACT See attached Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 24, 2013 Department: Engineering Subject: Resolution No. 13-R-34 – Fourth Amendment to Ford Engineering Agreement for Engineering Services BACKGROUND Goal The goal of the Fourth Amendment is to allow the City to extend its contract with Ford Engineering so that the City can continue to receive necessary engineering services while pursuing the search for a new full-time City Engineer. The position is currently posted through April 30. Community Benefit This amendment allows the City additional time to complete a thorough search for a full-time City Engineer. Summary of Recommended Action City staff recommends renewing the obligations of Ford Engineering under its existing engineer services agreement with the City for an additional six months through October 30, 2013. However, the agreement will terminate prior to that date if the City appoints a full-time City Engineer prior to October 30, 2013. FISCAL IMPACT The fee schedule for the fees to be paid to Ford Engineering will not change from the fee schedule under the existing agreement with Ford Engineering. RECOMMENDATION Approval of Resolution No. 13-R-34. ATTACHMENT City Council Memorandum Page 2 Resolution No. 13-R-34, with Fourth Amendment to Agreement for Engineering Services attached RESOLUTION NO. 13-R-34 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FOURTH AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City requires a fourth amendment to the existing professional services agreement with Ford Engineering, Inc. relating to engineering services for the City; and WHEREAS, City staff has determined that Ford Engineering, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Ford Engineering, Inc. pursuant to the Fourth Amendment to Agreement for Engineering Services attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Ford Engineering Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject 50506887.1 matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of April , 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506887.1 A-1 EXHIBIT A FOURTH AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES 50506890.1 -1- FOURTH AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES This Fourth Amendment to Agreement for Engineering Services (this “Amendment”) is dated April 30, 2013 (the “Effective Date”) and is entered into by the City of Schertz, hereinafter called "CITY", and Ford Engineering, Inc., hereinafter called ”FORD”, and amends the Agreement for Engineering Services dated February 9, 2010, as the same was amended by the First Amendment to Agreement for Engineering Services dated October 1, 2011 and by the Second Amendment for Engineering Services dated April 1, 2012 and by the Third Amendment for Engineering Services dated October 30, 2012 (collectively, the “Original Agreement”) between CITY and FORD. I. TERM OF AMENDMENT 1.1 This Amendment shall remain in effect from April 30, 2013 to the earlier of October 30, 2013, or the appointment by the City Manager of CITY of a new designated City Engineer. II. SCOPE OF SERVICES 2.1 In addition to FORD’s obligations and rights under the Original Agreement as further described in Section 7.1, FORD agrees to undertake the following additional duties and to provide the following additional services during the term of this Amendment: 2.1.1 Ed Ford, CEO of FORD, shall serve as interim City Engineer. In such capacity, he, or the principal day-to-day contact at FORD, shall sign plans and plats on behalf of the CITY, advise and make recommendations to City management and staff regarding development issues, attend meetings of and advise as necessary, City Commissions including but not limited to Development Services, Planning and Zoning, Transportation Safety Advisory Commission, Economic Development Commission, and provide engineering analysis and recommendations to staff and management when requested. He may in writing delegate some or all of such duties to Larry Busch Jr., who is the Assistant City Engineer. Ed Ford shall not act as the City Engineer as contemplated in the Original Agreement or in the two similar agreements between CITY and Professional Engineering Design Group and Vickery & Associates, respectively; Larry Busch Jr., in consultation with the City Manager or his designee, shall perform the City Engineer’s obligations as described in such agreements. 2.1.2 Mark Hill of FORD shall be the principal day-to-day contact at FORD for the services to be provided by FORD to CITY under this Amendment. III. COMPENSATION FOR AMENDMENT SERVICES 3.1 CITY shall compensate FORD for its services in accordance with the Rate Schedule included as Attachment 1. FORD shall invoice CITY on a biweekly basis for its services and out-of-pocket expenses hereunder, providing all necessary supporting documentation, and CITY shall pay such invoices within ten (10) working days of receipt. IV. COORDINATION WITH CITY 4.1 FORD representatives shall hold regular conferences with the City Manager or his designated representatives to coordinate the services to be provided by FORD hereunder. To assist FORD in this coordination, CITY shall make available for FORD's use all existing plans, maps, statistics, computations and other data in its possession relative to existing facilities and to a particular project, at no cost to FORD. However, any and all such information shall remain the property of CITY and shall be returned by FORD upon termination or completion of the Project or if instructed to do so by the City Manager. 50506890.1 -2- V. TERMINATION 5.1 This Amendment may be terminated by either party by ten (10) days’ written notice to the other party. Termination of this Amendment shall not affect the Original Agreement. VI. INDEMNIFICATION 6.1 FORD, WHOSE WORK PRODUCT AND SERVICES ARE THE SUBJECT OF THIS AMENDMENT, AGREES TO INDEMNIFY AND HOLD CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS BY THIRD PARTIES, LAWSUITS, JUDGMENTS, COSTS, LIENS, LOSSES, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT THAT MAY ARISE OUT OF OR BE OCCASIONED OR CAUSED BY A NEGLIGENT ACT, ERROR, OR OMISSION OF OR BY FORD, ANY AGENT, OFFICER, ENGINEER, REPRESENTATIVE, EMPLOYEE OF FORD OR SUBCONSULTANT OF FORD, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, ENGINEERS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE SERVICES, RIGHTS OR DUTIES UNDER THIS AMENDMENT. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF CITY, ITS OFFICERS OR EMPLOYEES, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT FORD AND CITY ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. 6.2 FORD shall advise CITY in writing within 24 hours of any claim or demand against CITY or FORD, known to FORD, related to or arising out of FORD's activities under this Amendment. 6.3 The provisions of this Article are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VII. ORIGINAL AGREEMENT 7.1 The Obligations of CITY and FORD under this Amendment shall not affect CITY’s or FORD’s obligations under the Original Agreement except to the extent explicitly set forth herein. VIII. SEVERABILITY 8.1 If for any reason, any one or more paragraphs of this Amendment are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining paragraphs of this Amendment but shall be confined in its effect to the specific section, sentences, clauses or parts of this Amendment held invalid or unenforceable, and the invalidity or unenforceability of any section, sentence, clause or parts of this Amendment in any one or more instance shall not affect or prejudice in any way the validity of this Amendment in any other instance. IX. ENTIRE AGREEMENT 9.1 This Amendment, together with Attachment 1 and the Original Agreement, represents the entire and integrated agreement between CITY and FORD and supersedes all prior negotiations, 50506890.1 -3- representations, or agreements, either oral or written. This Amendment may be amended only by written instrument signed by both CITY and FORD. X. VENUE 10.1 The obligations of the parties to this Amendment shall be performable in the City of Schertz, which is located in Bexar, Comal, and Guadalupe Counties, Texas, and if legal action, such as civil litigation, is necessary in connection therewith, exclusive venue shall lie in Guadalupe County, Texas. XI. NOTICES 11.1 Except as may be provided elsewhere herein, all notices, communications, and reports required or permitted under this Amendment shall be personally delivered or mailed to the respective party by depositing the same in the United States Postal Service addressed to the applicable address shown below, unless and until either party is otherwise notified in writing by the other party of a change of such address. Mailed notices shall be deemed communicated as of five (5) calendar days of mailing. Notices provided via E-MAIL shall be deemed communicated as of the next business day after the notice is sent. If intended for CITY, to: City of Schertz, 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If intended for FORD, to: Ford Engineering, Inc. 10927 Wye Street, Suite 104 San Antonio, TX 78217-2642 Attention: Ed Ford XII. INDEPENDENT CONTRACTOR 12.1 In performing services under this Amendment, FORD is acting in an independent contractor relationship with the CITY. By the execution of this Amendment, FORD and CITY do not change the independent contractor status of FORD. FORD shall exercise independent judgment in performing its duties and obligations under this Amendment and is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the services described in Section 2.1.3 and Attachment 1 are to be performed. No term or provision of this Amendment or act of FORD in the performance of this Amendment shall be construed as making FORD the agent, servant or employee of CITY, or as making FORD or any of its agents or employees eligible for any fringe benefits, such as retirement, insurance and worker's compensation, which CITY provides to or for its employees. * * * 50506890.1 S-1 IN WITNESS WHEREOF, the parties to this Amendment hereby execute this Amendment effective as of the Effective Date. CITY OF SCHERTZ By: ___________________________________ John C. Kessel, City Manager FORD ENGINEERING, INC. By ________________________________ Ed Ford, CEO 50506890.1 Attachment 1, Page 1 ATTACHMENT 1 SCOPE OF SERVICES Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 23, 2013 Department: Development Services Subject: Ordinance No. 13-S-13 – Public Hearing Continue Public Hearing and consideration and/or action approving an Ordinance on a request to rezone approximately 2.010 ± acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. First Reading (B. James/M. Sanchez) BACKGROUND The applicant is proposing to rezone approximately 2.010+ acres of land from Pre-Development District (PRE) to General Business (GB). The subject property contains 7 existing structures several of which are dilapidated and the applicant has indicated the desire to redevelop the property into a family oriented country style bar and grill which will include a dining area, playground area for children, live entertainment and a building for private events. A public hearing notice was published in The Daily Commercial Recorder and the Herald. There were 7 notices mailed to surrounding property owners. Staff received one response in opposition of the proposed request. No other comments or phone calls in support of or opposition to this request have been received. Goal Nital Properties, LLC is requesting to rezone approximately 2.010+ acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business (GB). City Council Memorandum Page 2 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 Staff reviewed the request for conformance with the Comprehensive Land Plan. The Future Land Use Plan (FLUP) designates the subject property for Rural Development which is defined in the Comprehensive Land Plan as areas of cultivated cropland, orchards/vineyards, pasture, woodlots, wetlands, undeveloped land and sparsely populated areas that are still distinct from more urbanized areas. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is not consistent with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change conflicts with the Future Land Use map. • Impact of Infrastructure: The Future Land Use Plan (FLUP) designates the subject property for rural development because of the lack of public infrastructure. The subject property has no public wastewater lines currently constructed in the area and the water is governed by Green Valley Special Utility District. The proposed zoning would have a minimal impact on the existing and planned water and wastewater systems. The site is adjacent to FM 482 which is designated as a proposed 120’ right-of-way on the master thoroughfare plan. • Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by residential/agriculture uses which is currently consistent with the Comprehensive Land Use Plan. The newly proposed north Schertz sector plan is proposing the area as Rural Development based on community input from citizens in the area. The rezoning request is not compatible with the existing and potential adjacent land uses. The rezoning request appears to have a minimal impact on the public infrastructure, facilities or services; however, the rezoning request it is not consistent with the Comprehensive Land Plan as it relates to the Future Land Use Map or consistent with the existing land uses in the area. The Future Land Use Map identifies the subject property as Rural Development and staff is concerned with the potential negative impacts that the permitted uses in the General Business District will have on the surrounding properties. The General Business District (GB) is intended to provide suitable areas for non-residential development and offers a wide variety of retail and service establishments. Therefore, there are permitted uses in the GB district that are not appropriate adjacent to residential use areas such as heavy equipment sales and service and sales of manufactured homes which would include outdoor displays as a result staff recommends disapproval. City Council Memorandum Page 3 FISCAL IMPACT None RECOMMENDATION This item was tabled at the April 9, 2013 meeting. Council moved to table the item and continue the public hearing once the Commission acted on the request. The Planning and Zoning Commission opened the public hearing and tabled the request at the March 27, 2013 meeting. On April 10, 2013, the Commission continued the public hearing and offered a recommendation of disapproval based on the inconsistency with the Comprehensive Land Plan. Staff recommends disapproval of the zoning request based on the inconsistency with the Comprehensive Land Plan as it relates to the Future Land Use Map and the potential negative impacts to surrounding properties. ATTACHMENT Ordinance No. 13-S-13 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 23, 2013 Department: City Attorney Subject: Ordinance No. 13-D-14 - Drainage Easements- Vehicular Traffic First Reading BACKGROUND Several residents of Savannah Square Unit 2 Subdivision (which abuts Deerhaven off FM 3009) have expressed a concern with the City’s recently adopted restrictions on driving within drainage easements (Ordinance No. 13-D-02 was approved on January 15, 2013). Ordinance No. 13-D-02 amended Chapter 86 of the Code of Ordinances relating to Traffic and Motor Vehicles. The Ordinance prohibits driving over drainage easements with limited exceptions. A drainage easement crosses 23 homeowners’ properties, and a fence divides the easement from the rest of the homeowners’ properties. Each homeowner is responsible for maintaining the easement on his or her property. Some of the homeowners have gates in their fence, through which they can roll a lawnmower or wheel barrow. Other homeowners have no such access. Periodic maintenance may require access to the easement by a riding lawnmower, a pick -up, or a small trailer, but the ordinance generally does not permit vehicular traffic over a drainage easement. Note: This matter was discussed with City Council in a workshop session on April 16, 2013. Goal Retain reasonable controls on proper use of drainage easements without adversely affecting private property rights. Community Benefit Maintain unobstructed and undamaged but appropriately maintained privately-owned drainage easements. Summary of Recommended Action Ordinance No. 13-D-14 adds an additional exception to Section 86-61 of the Code of Ordinances to permit operation of a small motor vehicle, such as a passenger car or a light pickup truck, with or without an attached utility trailer, a riding lawnmower, or similar small utility vehicle; (ii) for purposes of conducting periodic maintenance and/or upkeep of a public drainage way, drainage easement, of drainage right-of-way (containing no concurrent general right of access) located on private property; (iii) by the owner of such private property or his/her agent; and (iv) with the consent of all owners of the private property in such drainage way, easement, or right-of-way required to be crossed in order to access the area to be maintained. If any drainage way, easement, or right-of-way belonging to the City must be crossed to access the area to be maintained, the Director of Public Works or his designee are authorized to consent to such access. City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 13-D-14 on first reading. ATTACHMENT Ordinance No. 13-D-14 50631230.1 ORDINANCE NO. 13-D-14 AMENDING SECTION 86-61 OF THE CODE OF ORDINANCES, TRAFFIC AND MOTOR VEHICLES, RELATING TO DRIVING IN DRAINAGE EASEMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz, Texas (the “City”) has previously adopted Ordinance No. 13-D-2 restricting driving in drainage easements, drainage ways, and drainage rights-of-way by the addition of Section 86-57 through 86-62 to Chapter 86—Traffic and Motor Vehicles—Article II—Operation of Vehicles Generally, to the Code of Ordinances of the City; and WHEREAS, the City Council finds it to be in the public interest to amend Section 86-61 of the Code of Ordinances to add an additional exception to such restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. Section 86-61 of the Code of Ordinances is hereby amended by the addition of subsection (d), Section 86-61 to hereafter read as follows: “Sec. 86-61. Exceptions: Public safety and maintenance vehicles and vehicles operated by property owners; Proof of authorization. The foregoing limitations and prohibitions contained in sections 86-58. and 86-59. shall be subject to the following exceptions for permitted uses, which shall be strictly construed: (a) Operation of a motor vehicle on private property by the owner of such private property; (b) Operation of public safety vehicles on any lands, public or private; (c) Operation of maintenance and service vehicles of the City, Guadalupe County, Bexar County, Comal County, CCMA, or GBRA, as well as any other authorized public bodies, including the contractors and agents thereof, on the land, easements, and rights-of-way of such public bodies; and (d) (i) Operation of a small motor vehicle, such as a passenger car or a light pickup truck, with or without an attached utility trailer, a riding lawnmower, or similar small utility vehicle; (ii) for purposes of conducting periodic maintenance and/or upkeep of a public drainage way, drainage easement, or drainage right-of- way (containing no concurrent general right of access) located on private property; (iii) by the owner of such private property or his/her agent; and (iv) with 50631230.1 - 2 - the consent of all owners of the private property in such drainage way, easement, or right-of-way required to be crossed in order to access the area to be maintained. If any drainage way, easement, or right-of-way belonging to the City must be crossed to access the area to be maintained, the Director of Public Works or his designee are authorized to consent to such access. Any person operating any motor vehicle or off-highway motor vehicle on unimproved land with the written approval of the owner thereof shall have such written approval in his or her possession and available for inspection at all times while operating the motor vehicle or off-highway motor vehicle on such lands.” Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50631230.1 - 3 - PASSED ON FIRST READING, the 23rd day of April, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of __________, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50631222.1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: April 23, 2013 Department: Development/Planning & Inspections Subject: Ordinance No. 13-S-15 - Authorizing Cemetery Applications—First Reading BACKGROUND In 2011, the State Legislature amended Section 711.008 of the Texas Health and Safety Code to allow certain communities, including Schertz, to approve by ordinance criteria for persons to file a written application to establish a cemetery. Communities that wish to take advantage of the statute must do so and applications must be filed with the City before September 1, 2014. The ordinance shall prescribe the information to be included in the application. The City Council may then approve an application by ordinance allowing a cemetery if it determines the cemetery does not adversely affect public health, safety, and welfare. Goal Consider commencing a process to permit the establishment of cemeteries in the City. Community Benefit Allow for a process to consider applications for a cemetery. Summary of Recommended Action Ordinance No. 13-S-15 establishes a form of cemetery application, a process for reviewing and action on an application, and a schedule for such review and action. FISCAL IMPACT $5,000 fee would be payable to the City to defray staff costs for processing an application. RECOMMENDATION Approval of Ordinance No. 13-S-15 on first reading ATTACHMENT(S) Ordinance No. 13-S-15 Section 711.008(h), Texas Health and Safety Code. 50628183.2 ORDINANCE NO. 13-S-15 AUTHORIZING AN APPLICATION PROCESS FOR DEVELOPING AND OPERATING A CEMETERY IN THE CITY OF SCHERTZ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 711.008(h) of the Texas Health and Safety Code, as amended (the “Act”), authorizes the City of Schertz (the “City”) to permit the establishment or use of cemeteries located in the boundaries of the City; and WHEREAS, the Act requires the City by ordinance to prescribe the information to be included in a written application (a “Cemetery Application”) to establish or use a cemetery in the City; and WHEREAS, the Act further requires that a Cemetery Application must be filed with the City Council of the City; and WHEREAS, pursuant to the Act, all Cemetery Applications must be filed with the City Council not later than September 1, 2014; and WHEREAS, the Act further requires that, following receipt and consideration of a Cemetery Application for a particular cemetery, the City by ordinance may authorize the establishment or use of such cemetery within the City if the City Council determines and states in such ordinance that the establishment or use of such cemetery does not adversely affect public health, safety, and welfare; and WHEREAS, the City Council shall consider such an ordinance following receipt of a recommendation by City staff and the Planning and Zoning Commission; and WHEREAS, this Ordinance prescribes the information to be included in a Cemetery Application and the process by which a Cemetery Application shall be received, considered, and acted upon; and WHEREAS, the adoption of this Ordinance is in the best interests of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. (a) The City Council hereby amends the City of Schertz Development Services Planning and Zoning Division Development Manual (the “Manual”) by adding the Cemetery Application attached hereto as Exhibit A in the Zoning section of the Manual. 50628183.2 - 2 - (b) Completed Cemetery Applications shall be filed with the City Council of the City by delivery of the Cemetery Application and the required fee to the City Secretary. The City Secretary shall promptly deliver a complete copy of such Cemetery Application to the Development Services office of the City. The City Secretary shall stamp the Cemetery Application with the date and time of receipt and deposit the Cemetery Application fee with the Finance Department of the City. No Cemetery Application will be accepted by the City after September 1, 2014. (c) In considering a Cemetery Application, the City Council will consider the degree to which the proposed cemetery complies with at least the minimum design standards in the United States Department of Veterans Affairs National Cemetery Administration Facilities Design Guide in effect on the date of filing of the Cemetery Application and the cemetery’s compatibility with the goals and objectives of the City’s Comprehensive Land Plan. Note: If, after the City’s approval of the Cemetery Application, final pre-construction/site plans submitted to the City for the cemetery do not comply with the design in the approved Cemetery Application, the cemetery will not be permitted, and the Owner will be deemed to have withdrawn the Cemetery Application. (d) The development or use of a cemetery within the boundaries of the City are subject to all ordinances and regulations of the City including but not limited to the Unified Development Code of the City. (e) No cemetery shall be developed or operated within the City unless the developer or operator, as applicable, shall receive from all state and local jurisdictions all licenses and permits required for such development or operation when required. The developer or operator, as applicable, shall promptly upon receipt deliver to the City a copy of all such licenses and permits issued by all entities other than the City. (f) The fee for receiving and processing a Cemetery Application is $5,000. (g) The requirements of this Ordinance may be modified only by adoption of an amending ordinance approved by the City Council. 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. 50628183.2 - 3 - Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 23rd day of April, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of __________, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50628183.2 EXHIBIT A CEMETERY APPLICATION FORM [See attached] 50628183.2 1 CASE NUMBER: _______________________ CITY OF SCHERTZ CEMETERY APPLICATION Completion of an application does not constitute acceptance of the application by the City of Schertz. Placement on a Planning & Zoning Commission and/or a City Council agenda with a staff recommendation of approval will constitute acceptance (but not approval) of the application. Approval of the application by an ordinance adopted on final reading by the City Council shall constitute the City’s official approval of the application. Name of Current Property Owner: ____________________________________________________________________________ Name of Owner Contact Person: ________________________________________________________________________________ (Print Name and Title) Street Address, City, State, Zip: _________________________________________________________________________________ Ph#: ___________________________ Fax#: __________________________ E-Mail: ______________________________ Owner’s Authorized Agent: __________________________________________________________________________________ (Company Name/Contact Person/Title) Street Address, City, State, Zip: _________________________________________________________________________________ Ph#: ________________________ Fax#: __________________________ E-Mail: ______________________________ Engineer’s Name / Company / Contact Person: _________________________________________________________________ (Company Name/Contact Person/Title) Street Address, City, State, Zip: _________________________________________________________________________________ Ph#: ________________________ Fax#: __________________________ E-Mail: ______________________________ Name of proposed Cemetery: _________________________________________________________________________ General Location of Property: ______________________________________________ Total Acreage: ____________ Lot: ________ Block: _________ Address: _______________________________________________________ NOTE: If no address has been assigned, please provide an Address Request Form (see Development Manual) with this application. Survey Name: _________________________________________ Abstract#: ____________ Tract # ___________ Existing Use: __________________________________ Current Zoning: ___________________________________ Requested Zoning (if applicable): __________________ Required application fee has been paid to the City  yes 50628183.2 2 INDIVIDUAL OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF __________ § BEFORE ME, a Notary Public, on this day personally appeared ________________________________________________, the undersigned Owner, who, under oath, stated the following: “I hereby certify that I am the owner of this property, and all information submitted herein is true and correct.” _______________________________________________________ Owner’s Signature SUBSCRIBED AND SWORN TO before me, this ______ day of ____________ 20____. (SEAL) _______________________________________________________ Notary Public in and for the State of Texas ENTITY OWNER ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF __________ § BEFORE ME, a Notary Public, on this day personally appeared __________________, the _______________ of _____________________, a __________ ______________, who, under oath, stated the following: “I hereby certify that the entity named below is the Owner of this property, and all information submitted herein is true and correct.” _______________________________________________________ Owner’s Name _______________________________________________________ Owner’s Officer’s Name, Signature, and Title SUBSCRIBED AND SWORN TO before me, this ______ day of ____________ 20____. (SEAL) _______________________________________________________ Notary Public in and for the State of Texas Office Use Only Date Submitted ______________________________ Check No: ________________________________ Receipt No: _____________________________ Date Distributed: ___________________________ Parkland fees: _________________Date___________ Tree Mitigation: ________________Date_________ Date Accepted/ Rejected: ______________________ 10-Day Ltr: ________________________________ 45-Day Ltr: ______________________________ LGL Notice________________________________________________ PH Notices: _________________________________ # ___________________ PZ: ________________________________________________________ CC: _____________________________________________________________ 50628183.2 3 COMPLETENESS REQUIREMENTS (all items must be checked and attached): This checklist (signed by the Owner or the Owner’s authorized Agent) Required fees paid to the City and breakdown of fee calculations on a separate sheet Cemetery application signed by owner and notarized Legal Metes and Bounds (field notes) on an 8 ½” by 11” sheet including surveyor seal and signature 15- Black line or blue line copies at (18" by 24") exhibits folded with title block shown in front One 11" by 17" reduction of exhibit folded to no larger than 8 ½" by 11" with title block shown on front Mailing labels with name and address of all property owners within 200-feet of the site Tree survey, mitigation and tree removal permit if trees will be removed from the site Traffic Impact Analysis Determination form Completed application for street name approval (if cemetery includes proposed public streets) One (1) CD containing a digital copy of the plan in PDF format Agent Authorization Letter, as required Certified copy of a Tax Certificate for the subject property Ow n e r St a f f No t A p p l i c a b l e TECHNICAL REQUIREMENTS (all items under Owner must be checked and attached) 1 Title block located in lower right corner with cemetery name or survey name and abstract number, and preparation date 2 Name, address, and telephone number of owner, agent, and surveyor 3 North arrow and scale appropriate for the level of detail (1"=100' or 1"=50'), include graphical scale location/vicinity map 4 Legend, if abbreviations or symbols are used 5 Property boundary and dimensions 6 Existing and requested zoning boundary lines 7 A 200-foot notification boundary. 8 Show the following information of all properties within the 200-foot notification area: a) Land use b) Zoning c) Subdivision name (if applicable) d) Owner name, property ID#, and address (provided on current tax rolls) e) Recording information 9 Total gross and net acreage of the proposed cemetery 10 Location of existing rights-of-way and easements with filing information 11 Location and width of planned and existing public thoroughfares, streets, or county roads within and adjacent to the property and location and width of planned and existing private roadways within the proposed cemetery 12 If exhibit contains proposed thoroughfares add note: “The thoroughfare alignments shown on this exhibit are for illustration purposes and do not set the alignment. Alignment is determined at time of final plat.” 13 Distances to nearest cross streets 14 Topography at five (5) foot contours or less 15 Existing and proposed FEMA-100 year floodplain areas, or a note that no 100-year floodplain exists on the property Agreed: Owner’s or Agent’s Signature: _______________________________________ Printed Name: ___________________________________________________ 50628183.2 4 General Cemetery Application Processing Schedule 1. Preapplication conference with Development Services (at least 14 days before filing application). 2. Owner files complete application with City Secretary. 3. Notice of Completeness or Non-Completeness issued to Owner (within 14 business days after receipt of application); if application is deemed not complete, Owner must deliver a corrected and complete application not later than 14 days after date of Notice of Non-Completeness or application is deemed withdrawn). 4. Staff review of application (within 60 days after date of Notice of Completeness). 5. Notice of Recommended Approval or Denial issued to Owner (not later than 31st day after date of Notice of Completeness). 6. Schedule consideration of application on agenda of Planning & Zoning Commission meeting (at least 10 days after Notice of Recommended Approval or Denial. 7. Public notice of application in City’s official newspaper at least 15 days before Planning & Zoning Commission meeting. 8. Mail notice of the application to surrounding property owners. 9. Schedule consideration of application and (if applicable) zoning change on agenda of the second City Council meeting after final action by Planning & Zoning Commission. 10. City Council approves or rejects application. Acknowledgement: Owner’s or Agent’s signature: Printed Name: