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05-07-2013 Amended Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 7, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 05-07-2013 Council Agenda AMENDED AGENDA TUESDAY, MAY 7, 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 Wil Deahl – Crosspoint Fellowship Church) Presentations • Proclamation National Police Week (Mayor Carpenter/Chief Hansen) City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Workshop • P25 Radios – Presentation and discussion regarding possible purchase of P25 Radios. (Chief Covington/J. Santoya) 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. 05-07-2013 City Council Agenda Page - 2 - 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 23, 2013. (J. Kessel/B. Dennis) 2. 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/J. Hooks) Final Reading 3. 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. (J. Kessel/B. James) Final Reading Discussion and Action Items 4. Ordinance No. 13-T-16 – Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to Fund 314 (Hotel Tax) for modification of concession stands; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (D. Harris/M. Spence) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees 05-07-2013 City Council Agenda Page - 3 - • 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 9. Take any action deemed necessary as a result of the Executive Session. Adjournment CERTIFICATION I, SARAH GONZALEZ, EXECUTIVE ASSISTANT 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 3rd DAY OF MAY 2013 AT 12:45 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. Sarah Gonzalez Sarah Gonzalez, Executive Assistant 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. 05-07-2013 City Council Agenda Page - 4 - 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: May 7, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on April 23, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of April 23, 2013. ATTACHMENT Minutes –regular meeting April 23, 2013 04-23-2013 Minutes Page - 1 - MINUTES REGULAR MEETING April 23, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 23, 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 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 Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. 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. Presentations • Proclamation National Crime Victims Week (Dixie Bane – Guadalupe County Children’s Advocacy Center) Mayor Carpenter read and presented the proclamation to Dixie Bane with the Guadalupe County Children’s Advocacy Center. Ms. Bane invited everyone to an evening of Advocacy and Awareness, Thursday, April 25, 2013, Schertz United Methodist Church at 5:30 p.m. • Presentation/discussion and direction regarding the Final Report from the EMS Consultant (J. Bierschwale/D. Wait) Council requested more time to review the report and receive information and to ensure the questions Mayor Pro-Tem Edwards sent to the consultant are provided well before the May 7, 2013 Council meeting. Council concurred to discuss this item in two weeks. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) 04-23-2013 Minutes Page - 2 - Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: Thursday, April 25, 2013 – Volunteer Fair and Open House, 6 pm, Schertz Civic Center. Tuesday, April 30, 2013- Hal Baldwin Scholarship application deadline. Applicants must live in Schertz. On May 14, 2013 City Council will determine a winner and on May 21, 2013 City Council will present the scholarship to the winner at Council meeting. Thursday, May 2, 2013 – Sweetheart Court Coronation, Schertz Civic Center-5:45 pm. Saturday, May 4, 2013 –Randolph Area Christian Assistance Program (RACAP) celebrates 30 years of operation, 1pm to 3:30 pm, 307 Pfeil. Non-perishable food donations accepted. Thursday, May 9, 2013 – Designer Purse Bingo fundraiser hosted by Guadalupe County Children’s Advocacy Center, Schertz Civic Center, 7pm – 9pm. Executive Director of Operations John Bierschwale stated that in light of the events in the City of West, the City of San Antonio has requested the Schertz Ambus be available during the Flambeau and Battle of Flowers Parade event. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel stated he received a thank you and recognition email from a family member who recently rented one of the parks pavilions. In the email they expressed their thanks to Parks Worker Chris Stier for his assistance. They complimented the facility and were very impressed how Chris assisted them. City Manager John Kessel complimented Police Chief Michael Hansen on a new pinning ceremony program he has put together to recognize new officers. Mr. Kessel stated the first ceremony was conducted Monday for Officer Armstrong. Management, Family, Friends and various Police Department personnel were present for the event. Mr. Kessel stated that Chief Hansen has started a new tradition for the officers and it has been well received. 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. 04-23-2013 Minutes Page - 3 - 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. Grumpy Azzoz, 528 Wayward Pass, who stated he wanted to put to rest rumors regarding his voter registration. He had also signed up to address the EMS report, but since the report discussion is being tabled this evening, he will address his questions later. 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. Mayor Carpenter recognized Councilmember Verinder who requested that agenda item 1 be removed for separate action. 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) The following caption was read into record: 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 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) The following caption was read into record: 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 Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve the consent agenda items 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. 04-23-2013 Minutes Page - 4 - Discussion and Action Items 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) Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler to approve the minutes of the Joint and Regular Meeting of April 9, 2013. The vote was 4-0-1, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola and Antuna voting yes, and no one voting no, and Councilmember Verinder abstaining. Motion Carried. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve the minutes of the Regular Meeting of April 16, 2013. 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 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) The following caption was read into record: ORDINANCE NO. 13-S-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-15 BY REZONING APPROXIMATELY 2.010± ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB), OUT OF THE FRANCISCO RODRIGUEZ SURVEY, NO. 99, SECTION 2, CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF FM 482 AND OLD NACOGDOCHES ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Development Services Director Michelle Sanchez who introduced this item stating that 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. 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 04-23-2013 Minutes Page - 5 - of cultivated cropland, orchards/vineyards, pasture, woodlots, wetlands, undeveloped land and sparsely populated areas that are still distinct from more urbanized areas. Ms. Sanchez stated 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. Mayor Carpenter opened the public hearing and the following spoke in favor of the rezoning: • Mr. Dean Weirtz, 4301 Monument Pass • Mrs. Sharlene Fey, 6028 FM 482 Mayor Carpenter recognized the following spoke against the rezoning: • Mr. Kyle Cox, 2615 Bunker • Mr. David Richmond, 2921 Bent Tree As no one else spoke, Mayor opened this item up for Council discussion. Mayor and Council discussed this item in great length voicing their concerns with the rezone request as it relates to the City’s Comprehensive Land Use Plan in the particular area. Mayor and Council discussed possible other zoning uses that could possibly fit, i.e., Neighborhood Services, Planned Development District. Mayor and Council were intrigued with the idea, but stated that GB Zoning is not appropriate in that area. Council requested staff to work with the applicant for a possible solution. Council chose to take no action on the zoning request. No action taken. 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 The following caption was read into record: 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 Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Verinder to approve Ordinance No. 13-D-14 on first 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. 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; 04-23-2013 Minutes Page - 6 - repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. (B. James/M. Spain) First Reading The following caption was read into record: 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 Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13-S-15 on first 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. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1 through 6. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who welcomed back City Attorney Katherine Tapley, who is returning from maternity leave. Mr. Kessel also stated that this evening is City Attorney Michael Spain’s last meeting. Mr. Kessel stated that the City is planning a retirement celebration sometime in May and that invitations will be sent out. Mr. Kessel personally thanked Mr. Spain for his service to the City over the years. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who asked about the status of finding a Contractor for the Employee Climate Survey that was requested. City Manager John Kessel stated that he sent Council an email with a handful of options that were outlined and has received comment back from some of the Councilmembers. Mr. Kessel stated that HR 04-23-2013 Minutes Page - 7 - Director Josh Smith is recommending a contract with Saint Mary’s University that will be both cost and organizationally effective. Mr. Kessel stated that if Council is agreeable to utilizing Saint Mary’s University, he will get with Mr. Smith to work out the details and bring forward information on their services. Council agreed to have the City Manager finalize the Contractor options and bring an item forward for consideration at a future meeting. 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 following events: • Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting • Friday, April 19, 2013 – Lion’s Club Casino Night • Saturday, April 20, 2013 – Absolute Jazz Mayor Pro-Tem Edwards thanked Mr. Spain for his institutional knowledge and guidance over the years. Mayor Carpenter recognized Councilmember Fowler who publically thanked Mr. Spain for his service to the City. Councilmember Fowler also stated that he recently observed the EMS and Police Departments working together on a sensitive situation where a death had occurred. He complimented their professionalism as well as their compassion. Mayor Carpenter recognized Councilmember Fowler thanked Mr. Spain for his service to the City. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following events: • Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting • Saturday, April 20, 2013 – Wounded Warriors fund raiser at Hooligan’s • Saturday, April 20, 2013 – Absolute Jazz Councilmember Scagliola stated that he is not going to say goodbye, but see you later. Councilmember Scagliola stated Mr. Spain is like a lucky penny – he keeps showing up and at the right time. Mayor Carpenter recognized Councilmember Antuna who stated he attended the MPO meeting yesterday and they passed a resolution approving the new makeup of the Board, with 04-23-2013 Minutes Page - 8 - the addition of Board members, 2 from Guadalupe County and 2 from Kendall County and 2 from Comal County. Councilmember Antuna thanked Mr. Spain for all he has done for the City. Mayor Carpenter recognized Councilmember Verinder who stated he attended the following events: • Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting • Saturday, April 20, 2013 – Absolute Jazz Councilmember Verinder stated that even though he has worked with Mr. Spain for a short time, he had written down a few comments: what a great example, dedicated and knowledgeable individual. Councilmember Verinder thanked Mr. Spain. Mayor Carpenter stated that the deployment of the Ambus recently to the City of West is a great vote of confidence and a great compliment to the City of Schertz. He expressed how proud he was of the premium quality of responders. Mayor Carpenter stated he attended the following events: • Thursday, April 18, 2013 – Baptist Hospital Tour and Ribbon Cutting • Saturday, April 20, 2013 – Library Volunteer Luncheon • Saturday, April 20, 2013 – Absolute Jazz Mayor Carpenter expressed his appreciation to City Attorney Michael Spain for his tenure, stating that he is the only one he knows that has had a single job for the twenty-five years. Mayor Carpenter recognized City Attorney Michael Spain who came forward expressing his sincere honor and pleasure to serve as City Attorney for the last 25 years. Mr. Spain thanked everyone for their kindness shown him over the years and the past few months as Interim City Attorney. He commented that he is constantly impressed with everyone’s professionalism and is gratified to see the City’s orderly and impressive growth. Mayor Carpenter stated that as there are no items for Council to consider for the April 30, 2013 date, there will be no meeting; the next meeting is scheduled for May 7, 2013. Executive Session City 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 8:06 p.m. 04-23-2013 Minutes Page - 9 - __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 7, 2013 Department: City Attorney Subject: Ordinance No. 13-D-14 - Drainage Easements- Vehicular Traffic Final 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, and approved on First Reading at the City Council meeting of April 23, 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 City Council Memorandum Page 2 maintained, the Director of Public Works or his designee are authorized to consent to such access. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 13-D-14 on final 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 7th day of May, 2013. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50631222.1 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 7, 2013 Department: Development/Planning & Inspections Subject: Ordinance No. 13-S-15 - Authorizing Cemetery Applications—Final 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. City Council approved this on first reading at their meeting of April 23, 2013. 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 final reading ATTACHMENT(S) 50631222.1 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 7th day of May, 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: Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 7, 2013 Department: Public Affairs Subject: Ordinance No. 13-T-16 – Budget Adjustment to Fund 314-Hotel Tax to fund modifications to the Schertz Ball Park concession stand kitchen. (First Reading) BACKGROUND The Buffalo Valley Youth Association (BVYA) is seeking $10,000 from the Hotel Tax Fund to purchase and install a fire suppression vent-a-hood in the Schertz Ball Park concession stand. The Fire Marshal said that this unit is needed in order for BVYA to continue to offer hamburgers and fries. This request is not a budgeted item and staff recommends taking this from the Hotel Tax fund reserves. Sufficient funds exist to fund this request. BVYA has made many enhancements to the stand in recent years including new floor drains, new flooring, paint, enhancements to the electric system, new stainless steel tables, a new fountain drink machine, a new three-compartment sink and plumbing, and have relocated the ice machines and water lines. All these additions will enhance the facilities to make the facilities more marketable for tournaments for use by out of town guests. Many of these out of town guests will stay in our hotels. This item has been reviewed by the Fire Marshal, Health Inspector, and Building Inspection personnel and they concur that the fire suppression vent-a-hood is appropriate. Building Inspections reminds the applicant that permits will need to be pulled before the installation. Staff recommends approval. Goal To provide ventilation and fire suppression in the Schertz Ball Park concession stand and to enhance the marketability of the facility to tournaments. Community Benefit This request will benefit BVYA and their strategic goal to market the facilities to tournaments with teams from out of town thereby generating additional revenues for the enhancement of youth sports programs in our community. Summary of Recommended Action Staff recommends Council approve the ordinance authorizing a budget adjustment to the Hotel Tax Fund 314, transferring $10,000 from reserves. FISCAL IMPACT City Council Memorandum Page 2 This action will approve transferring $10,000 from reserves in Fund 314—Hotel Tax. Current balance in reserves is approximately $390,000. This item was not a budgeted item. RECOMMENDATION Staff recommends Council approve Ordinance 13-T-16 First Reading ATTACHMENTS Ordinance 13-T-16 ORDINANCE NO. 13-T-16 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND 314 (HOTEL TAX) FOR MODIFICATION OF CONCESSION STANDS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2012-2013 (the “Budget), which provides funding for the City’s operations throughout the 2012-2013 fiscal year; and WHEREAS, the City needs to adjust the Budget to move $10,000.00 from reserves for the request of use of the Hotel Occupancy Tax Funds to B.V.Y.A. for modification to concession stands in the Schertz Ball Park; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve using reserves from the Hotel Tax Fund 314; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the use of reserves from the Hotel Tax Fund 314, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall move $10,000.00 from the Hotel Tax Fund 314 reserves to fund the request of the B.V.Y.A. Program for modification to concession stands at the Schertz Ball Park. 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 50558021.1 - 2 - 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 7th day of May, 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) 1 Public Safety Radio Replacement Project 2 History ◆800 MHz •Cellular •Public Safety •Mixed together ◆Rebanding •Places public safety frequencies contiguously •Cellular and Not Cellular (Nextel) separate •Reduced Interference for Public Safety 3 History ◆Narrow banding •Applies to VHF, UHF, and 700 MHz •Doubles available frequencies •More to come ◆Project 25 (P25) •Common technical standard •Interoperability •Open architecture •Vendor/manufacturer neutral 4 Our Current Situation ◆Harris Radios •Vendor proprietary •P25 Phase 1 compliant and narrow banded •Single band 800MHz •Not compatible with P25, Phase 2 •Not compatible with 700 MHz Our Current Situation ◆Live Oak System •One tower (in Live Oak) •P25, Phase I •Linked to LCRA (700 MHz) •Schertz, Cibolo, Universal City, Selma, Live Oak, Converse •Some coverage issues for Schertz 6 Our Current Situation ◆San Antonio/Bexar County System •Proprietary •San Antonio Police, San Antonio Fire, Bexar County Sheriff, and Bexar County Fire Depts. •Schertz Fire has; Schertz EMS and PD do not 7 What Changed/Why Now Live Oak Upgrading to P25, Phase II •Go live 1 January 2015 •Phase I radios will not work COSA/BC Converting to P25, Phase II •1 January 2015 VHF Users converting to digital (P25) •Existing VHF radios not compatible 8 Proposal ◆Move to P25 Phase 2 now ◆37 Fire Radios (some multiband) ◆33 EMS Radios (some multiband) ◆87 Police Radios ◆5 Marshal’s Office Radios ◆5 Animal Control Office Radios 9 Benefits ◆Continuity with existing partners/responders ◆Expanded radio coverage •Ability to utilize ALL LCRA towers (right now we must reach the Live Oak tower) •Improved Officer Safety within and across multiple coverage areas 10 Benefits •Interoperable across widest possible coverage (AACOG/LCRA) •Mutual aid with Bracken, New Braunfels, Comal County, Guadalupe County, Wildland Deployments 11 Cost ◆Dispatch Consoles are compatible ◆Total radios replaced (handhelds, mobiles, base stations) 167 ◆Total cost for hardware is $750,653 (quote as of 2012) ◆Annual subscriber fees are $40,080 (no change expected) ◆Expect 3 year warranty on new hardware 12 Financing ◆Tax Notes ◆Total of $800,000 ◆Term of 5 years ◆Interest rate 1.30% ◆Debt Service payment $166,000 per year ◆Interest & Sinking Fund 13 Thank You