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06-04-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL June 4, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 06-04-2013 Council Agenda AGENDA TUESDAY, JUNE 4, 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 Ken Mitschke, Word of Life Church) City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Workshop • Discussion, consideration and/or possible action regarding franchises for municipal solid waste collection, recycling, household hazardous waste collection, and disposal programs, including a possible franchise with Republic Services (J. Bierschwale/K. Tapley) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to 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. 06-04-2013 City Council Agenda Page - 2 - Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 28, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-44 – Consideration and/or action approving a Resolution accepting the Semiannual Report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. James/L. Busch) Roll Call Vote Confirmation Requests and Announcements 3. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 5. Requests by Mayor and Councilmembers to City Manager and Staff for information. 6. 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. 06-04-2013 City Council Agenda Page - 3 - Reconvene into Regular Session 7. 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 30th DAY OF MAY 2013 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor 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: June 4, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on May 28, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of May 28, 2013. ATTACHMENT Minutes –regular meeting May 28, 2013 05-28-2013 Minutes Page - 1 - MINUTES REGULAR MEETING May 28, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 28, 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 Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Sydney Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Chief of Staff Bob Cantu City Attorney Samantha Dyal 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 Greg Ligon with Journey Fellowship Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter led a moment of silence in memory of this weekend’s loss of Avron Adams, former student of Samuel Clemens High School. 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, May 29, 2013 – Helping a Hero Program Dedication – 1:00 p.m. - 2909 Mistywood Lane. • Saturday, June 15, 2013 – Schertz Community wide rummage sale, bake sale and raffle auction benefiting the families in Moore Oklahoma – 8:30 a.m. Civic Center. • Saturday, June 15, 2013 – rescheduled date for the Doggie Dash, Pickrell Park at 11:00 a.m. Mr. Harris stated that Schertz-Seguin Local Government Corporation (SSLGC) recently received a $400,000 grant for a motorized vehicle trail system in Gonzales County. • Announcements and recognitions by City Manager (J. Kessel) 05-28-2013 Minutes Page - 2 - Mayor Carpenter recognized City Manager John Kessel who gave special appreciation to all the first responders who assisted in the search for Avron Adams on Saturday and Sunday. Mr. Kessel recognized EMS, Fire, Police, Parks, Public Works and a number of outside agencies. He stated Chief Covington ran the incident command, along with Battalion Chief Timke, Chief Harris coordinated with the family, and David Harris handled the press, along with Corporal Patrick. He stated there were Fire Departments, Police Departments, EMS and support from Universal City, Selma, STRAC, and DPS (via helicopter). He stated he knows he is leaving out many, many others, but he did want to specifically say these folks did their jobs exceptionally well. 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: • Ms. April Miller, 1196 FM 78, who provided information on upcoming events at Kung Jung Mu Sul of Schertz, inviting members of Council to attend. 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 Fowler who requested that items 2 and 3 be removed from the consent agenda for individual action. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 21, 2013. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro- Tem Edwards, to approve the minutes of the May 21, 2013 regular meeting. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried. 05-28-2013 Minutes Page - 3 - 2. Resolution No. 13-R-42 – Consideration and/or action approving a Resolution authorizing the acceptance of a Permanent Drainage Easement in the Arroyo Verde Subdivision and authorizing a Drainage Easement Agreement with the Arroyo Verde Homeowner’s Association, Inc., and other matters in connection therewith. (J.Bierschwale/S. Willoughby/J. Hooks) The following caption was read into record: RESOLUTION NO. 13-R-42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PERMANENT DRAINAGE EASEMENT IN THE ARROYO VERDE SUBDIVISION AND AUTHORIZING A DRAINAGE EASEMENT AGREEMENT WITH THE ARROYO VERDE HOMEOWNER ASSOCIATION, INC. AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this item stating that the East Dietz Creek runs through the Arroyo Verde subdivision within a drainage easement and the 100 year FEMA floodplain. The developer elected to leave this area in a natural state and dedicated it to the Homeowner’s Association for maintenance. The City no longer allows these types of areas to be left natural and privately owned. The unimproved channel is eroding due to high velocities upstream of the bridge and slower flows downstream of the bridge are causing silt build-up. This area needs to be improved by widening the channel and removing the build-up of silt and installing erosion control matting to protect the channel from further erosion. This erosion will eventually cause damage to the bridge and could result in damage of property from flood waters. Action requested of Council is to enter into an agreement with the Arroyo Verde HOA for a Permanent Drainage Easement allowing for the improvements and proper maintenance of the channel in the existing easement. This will provide for the health, safety, and welfare of the residents of the Arroyo Verde community and ensure that the section of the E. Dietz creek channel that runs through the subdivision is maintained efficiently to protect life and property from the risk of flood damage. Mr. Willoughby stated that the Arroyo Verde HOA provided the City with 60 percent signatures approving this agreement and recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler, to approve Resolution No. 13-R-42. The vote was unanimou, with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried. 3. Resolution No. 13-R-43 – Consideration and/or action approving a Resolution authorizing the acceptance of one (1) Permanent Waterline Easement and one (1) Temporary Construction Easement in the Arroyo Verde Subdivision and authorizing a Waterline Easement and Temporary Construction Easement Agreement with Arroyo Verde Homeowner’s Association, Inc., and other matters in connection therewith. (J. Bierschwale/S. Willoughby/J. Hooks) 05-28-2013 Minutes Page - 4 - The following caption was read into record: RESOLUTION NO. 13-R-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF ONE (1) PERMANENT WATERLINE EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT IN THE ARROYO VERDE SUBDIVISION AND AUTHORIZING A WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH THE ARROYO VERDE HOMEOWNER’S ASSOCIATION, INC. AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Verinder, to approve Resolution No. 13-R-43. 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. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees – Consideration and/or action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (B. Dennis/B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item stating that the Interview Committee met on May 17, 2013 to consider appointment and reappointments to the various Boards, Commission, and Committees. Based on the recommendation of the Interview Committee action requested of Council is to reappoint and appoint members to the various Boards, Commission and Committees. Staff recommends the reappointments as follows: • Board of Adjustment o Frank McElroy o Christopher Montgomery o Mark Tew • Economic Development Corporation o Tim Brown o Angelina Kiser o Roy Richard • Historical Preservation Committee o David Roman o Barbara Hall o Cynthia Palmer o Pete Perez o Diana Webb o James Webb • Library Advisory Board 05-28-2013 Minutes Page - 5 - o Juan Thorn o Laura Wilson o Ruth Tienor o Patty Lovelady o Margaret Riley o Mary McAllister o Patti Dilworth • Parks and Recreation Advisory Board o Mustapha Debboun o Mark Davis o Floy Simmons o Harriett Higgs o Terry Armstrong o Johnie McDow • Planning and Zoning Commission o David Richmond o Christian Glombik o Richard Braud • Traffic Safety Advisory Commission o Stephen Bish o Bill Bowers Ms. Dennis stated that the following boards have vacancies: Planning & Zoning Commission (P&Z) - 2 Alternate Positions Transportation Safety Advisory Commission (TSAC) - 1 Regular Position and 2 Alternate Positions The board agreed to recommend to Council the following actions regarding the appointment of individuals to various boards and/or commissions with a term expiration date of May 2015, as of vacancies that exist on Planning & Zoning and Transportation Safety Advisory Commission: • Planning & Zoning o Yolanda Suarez, Alternate #1 Term to expire May 2015 o William Rumfelt, Alternate #2 Term to expire May 2014 • Traffic Safety Advisory Commission o Max Hernandez - Regular Member Term to expire May 2015 o Eric Haugen, - Regular Member, Term to expire May 2015 o John Cook, Alternate #1, Term to expire May 2015 05-28-2013 Minutes Page - 6 - Mayor Carpenter stated that for all who are here this evening and have volunteered to serve for the first time or have volunteered to serve again, this City and this Council is indebted to you for volunteering. Council does not have all the answers, and the service that is rendered by the various boards, committees, and commissions is invaluable. Mayor and Council applauded the volunteers. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Antuna, to approve the appointments and reappointments as recommended by the Interview Committee, and read by the City Secretary. 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 the workshop item and regular agenda items 1 through 4. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated that with the recent events he requested an item be placed on a future agenda to discuss drainage issues around the City. Mayor Carpenter, Councilmembers Fowler and Antuna concurred. Council concurred that we need to have a collective voice utilizing the members of the Northeast Partnership, the collection of cities in Guadalupe County in an effort in petitioning the Army Corps of Engineers, the State and Federal Government for assistance. Mayor Carpenter stated that when we speak with a collective voice we get more attention at the Federal and State level. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 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 05-28-2013 Minutes Page - 7 - • 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: • Thursday, May 16, 2013, attended a meeting in Cibolo and discussed the Andre Booker Foundation. Mayor Pro-Tem Edwards stated that Andre was a student at Clemens High School that went on to play at Texas State and the University of Houston. He stated this young man was an all-state running back. The foundation is to remember and reflect on our youth. • Monday, May 27, 2013, attended his son’s Basketball Tournament in Dallas. They came in 2nd place out of 500 teams. Mayor Carpenter recognized Councilmember Fowler who stated he received a phone call on Monday regarding the flags being moved down to half staff in the morning and then in the afternoon the flags were raised, the caller wanted to know why. He stated that he had checked into this and that protocol was that the flags were to be flown at half staff in the morning and then later raised to full staff. Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following events: • Wednesday, May 22, 2013 - Schertz Chamber After Hours Mixer – RE/MAX in Selma. • Thursday, May 23, 2013 – Cibolo Valley Local Government Corporation Workshop. • Sunday, May 26, 2013 – EMS Week 2013 Banquet Awards and Casino Night. • Monday, May 27, 2013 - City of Cibolo Memorial Day Event. Mayor Carpenter recognized Councilmember Antuna who stated as he mentioned earlier he is concerned with the flooding this past weekend and wants the City to work with surrounding cities to voice concerns. He is looking forward to a constructive dialog with all agencies. Councilmember Antuna also thanked all the first responders. Councilmember Antuna in recognition of Memorial Day thanked all those who serve and who have served. Mayor Carpenter recognized Councilmember Verinder who stated he attended the following events: • Thursday, May 23, 2013 - Cibolo Valley Local Government Corporation Workshop. • Monday, May 27, 2013 – spent the day with his daughter and son-in-law who are active duty military stationed at Fort Sam Houston. He thanked all those serving and who have served and sacrificed their time. Mayor Carpenter stated he was on-site Saturday during the search and rescue efforts and that every member of staff and all outside agencies did an outstanding job in a difficult circumstance. Mayor Carpenter thanked everyone. 05-28-2013 Minutes Page - 8 - Mayor Carpenter stated he attended on Saturday the 108th Anniversary Mass of Saint Joseph’s Chapel off of FM 482. This is a historic site that was designated; the Chapel was built by German settlers in 1905. Mayor Carpenter stated that he has received a few emails and wanted to assure everyone that having come from Memphis, Tennessee; he is not a Memphis Grizzlies fan, never has been or will. Mayor Carpenter stated he is a Spurs fan and was thrilled they swept the Grizzlies. Lastly, Mayor Carpenter stated that he will not be in attendance at the next Council meeting due to attending his son’s confirmation. Executive Session Council did not meet. Reconvene into Regular Session 9. 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 6:38 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 4, 2013 Department: Engineering Subject: Resolution No. 13-R-44 - approving the Semiannual Report filed by the Capital Improvements Advisory Committee for expenditures from October 1, 2012 through March 31, 2013 BACKGROUND Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAC) to file semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing impact fees. Section 90-158 of the City’s Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate-type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. The report being presented covers October 1, 2012 through March 31, 2013. It is anticipated that the next report will be presented to Council in November 2014. Goal To accept the Semiannual Report on the revenue and expenditures relating to the water and wastewater impact fees as filed by the City of Schertz Capital Improvements Advisory Committee (CIAC). Community Benefit To ensure compliance with State Law and the City’s Code of Ordinances and to ensure that impact fees are being collected and spent appropriately. Summary of Recommended Action Approve the resolution accepting the semiannual report as made up of the draft minutes for the May 22, 2013 CIAC meeting, the Capital Recovery Balance – Summary, the Capital Recovery Project Expenditure Summary, and the Expenditure Report Exhibit as filed by the CIAC. FISCAL IMPACT None RECOMMENDATION Approval of Resolution 13-R-44accepting the Semiannual Report as filed by the Capital Improvements Advisory Committee. ATTACHMENT(S) Resolution 13-R-44 Exhibit A: Capital Improvements Advisory Committee Semiannual Report 50459012.1 A-1 RESOLUTION NO. 13-R-44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Capital Improvements Advisory Committee has reviewed the revenue and expenditures relating to the established Capital Recovery Fees in accordance with the Capital Improvements Plan for the City of Schertz; and WHEREAS, the City Council accepts the Semiannual Report as filed by the Capital Improvements Advisory Committee in accordance with Texas Local Government Code Chapter 395; then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby accepts the Semiannual Report with respect to the progress of the Capital Improvements Plan for the City of Schertz, Texas for the period of October 1, 2012 through March 31, 2013 as shown in the attached Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50459012.1 A-2 PASSED AND ADOPTED, this ____ day of _________, 2013. CITY OF SCHERTZ, TEXAS Mayor Pro Tem, Cedric Edwards ATTEST: City Secretary, Brenda Dennis (CITY SEAL) DRAFT Capital Improvements Advisory Committee Minutes May 22, 2013 The Capital Improvements Advisory Committee convened on Wednesday, May 22, 2013 At 6:00 pm in the Council Chambers, 1400 Schertz Parkway, Bldg. 4 Schertz, Texas Members Present: Members Absent: Richard Braud David Richmond Bert Crawford Ernest Evans, Jr. Michael Dahle Dr. Mark Penshorn Christian Glombik Ken Greenwald Tim Brown Staff Present: Brian James, Executive Director of Development Robert Galindo, Assistant Finance Director Michelle Sanchez, Director of Development Services Patti White, Development Services Administrative Assistant Lesa Wood, Senior Planner Larry Busch Jr., Engineer in Training 1. Call to order at 6:00 p.m. by Mr. Greenwald 2. Seat alternate to act if required. None 3. Consider and act on the minutes for the February 27, 2013 meeting. Mr. Greenwald requested a motion to accept the February 27, 2013 minutes as presented. Motion made by Mr. Crawford and seconded by Mr. Dahle. All in favor. Motion passed. 4. Hold a public hearing, consider and file the semiannual report evaluating the progress of the city on achieving the capital improvements program and identifying any problems in implementing the plans or administering the capital recovery fees. Mr. Greenwald recognized Brian James, Executive Director of Development who explained this report covered the first six months of this fiscal year ending in March and summarized the report staff provided for the committee. Oct. 1, 2012 to March 31, 2013 Impacts Fees Water Sewer Total Beginning Impact Fee Balance *$2,953,706.10 $2,850,443.72 $5,804,149.82 Revenues: Impact Fees 385,821.00 219,586.68 605,407.68 Fund Transfers 0.00 0.00 0.00 Investments Gain/Loss 2,275.61 4,496.65 6,772.26 Reimbursements 0.00 0.00 0.00 DRAFT Expenses: Capital Recovery Study Review (2,047.50) (2,047.50) (4,095.00) CCMA-NorthCliffe Impact Fees 0.00 0.00 0.00 Auditor/Accounting Service 0.00 0.00 0.00 Investment Management Fee 0.00 (2,133.49) (2,133.49) East Oak Water Pump - Advertising (264.64) 0.00 (264.64) East Oak Water Pump - Engineering (2,495.00) 0.00 (2,495.00) S. WW Treatment Plant – Pre-Design 0.00 (82,262.17) (82,262.17) Woman Hollering Creek Treatment Plant 0.00 0.00 0.00 Schaefer Road Water Line 0.00 0.00 0.00 ______________________________________________ Total Revenue Over / (Under) Expense 383,289.47 137,640.17 520,929.64 Ending Impact Fee Balance 3,336,995.57 2,988,083.89 6,325,079.46 * Beginning Water Impact fee includes loan for water meters of $465,714.79 ********************** Public Hearing opened at 6:06 p.m. There were no questions from the public; Mr. Greenwald closed the Public Hearing at 6:07 p.m. Mr. Crawford wanted clarification that the change in the amount from $607,465.21 to $465,714.79 as noted by the asterisk indicated that a payment was made to the loan amount for the water meter purchase and asked why it was not addressed more clearly in the report for water. Mr. James explained that this report is the most appropriate way staff felt we could satisfy state law, follow acceptable accounting practices, and be transparent showing we have this loan out for the water meters. Going forward, we can work to get this loan amount paid off so the report will be easier to reconcile. Mr. Greenwald asked for additional comments. There were no further questions or concerns from the commissioners. Motion to accept the Semiannual Report on the Capital Improvements program and forward to City Council was made by Mr. Dahle and seconded by Mr. Crawford. All in favor. Motion carried. 5. Adjournment: Mr. Greenwald adjourned the meeting at 6:12 p.m. _______________________________________________ Chairman, Capital Improvements Advisory Committee ____________ Recording Secretary Oct. 1, 2012 to Mar 31, 2013 ************** IMPACTS FEES ************** Water Sewer Total Beginning Impact Fee Balance *2,953,706.10 2,850,443.72 5,804,149.82 Revenues: Impact Fees 385,821.00 219,586.68 605,407.68 Fund Transfers 0.00 0.00 0.00 Investments Gain/Loss 2,275.61 4,496.65 6,772.26 Reimbursements 0.00 0.00 0.00 Expenses: Capital Recovery Study Review (2,047.50)(2,047.50)(4,095.00) CCMA-NorthCliffe Impact Fees 0.00 0.00 0.00 Auditor/Accounting Service 0.00 0.00 0.00 Investment Management Fee 0.00 (2,133.49)(2,133.49) East Oak Water Pump - Advertising (264.64)0.00 (264.64) East Oak Water Pump - Engineering (2,495.00)0.00 (2,495.00) S. WW Treatment Plant - Pre-Design 0.00 (82,262.17)(82,262.17) Woman Hollering Creek Treatment Plant 0.00 0.00 0.00 Schaffer Road Water Line 0.00 0.00 0.00 Total Revenue Over/(Under) Expense 383,289.47 137,640.17 520,929.64 Ending Impact Fee Balance 3,336,995.57 2,988,083.89 6,325,079.46 * Beginning Water Impact fee includes loan for water meters of $465,714.79 Capital Recovery Project Expenditure Summary 1.) East Oak Water Pump - Expenditures relating to the advertisement and additional engineering services for the upgrade of an existing pump and addition of one new high service pump at our water plant on East Live Oak Rd. This project was bid out and received only one bid that did not meet the expectations. Additional engineering on the project is related to preparation for rebidding. 2.) S. WW Treatment Plant – Pre-design - Expenditures relating to engineering design and studies for the construction of a wastewater treatment plant to serve areas of the southern portion of the City. 3.) Capital Recovery Study Review - Expenditures on a study to verify the City is in compliance with the state statutes regarding our Capital Recovery Fees and our Capital Improvements Plan. 1 50648339.1 Agenda No.: Workshop Session CITY COUNCIL MEMORANDUM City Council Meeting: June 4, 2013 Department: Executive Director Operations Subject: Workshop item regarding franchises for municipal solid waste collection, recycling, household hazardous waste collection, and disposal programs, including a possible franchise with Republic Services BACKGROUND Goal The City of Schertz (the “City”) received the attached letter from Republic Services requesting a franchise agreement with the City for industrial waste and recycling services. The City staff believes that the City Council should review the request and determine whether the City should entertain requests (including this request) for additional franchise agreements for municipal solid waste collection, recycling, household hazardous waste collection, and disposal programs. Community Benefit It is in the public interest and necessary to protect the health and safety of the citizens of Schertz to have municipal solid waste collection and disposal services available in the City. Summary of Recommended Action Discussion of options regarding additional franchise agreements. FISCAL IMPACT None expected. Any additional franchise agreements for municipal solid waste collection, recycling, household hazardous waste collection, and disposal programs should be at the same rate schedule as the existing franchise agreement with Cibolo Waste Incorporated, dba Bexar Waste Inc. In addition staff will have additional duties to collect and manage the billing for another franchise provider. 50648339.1 RECOMMENDATION Discussion of options regarding potential additional franchise(s) (including the requested Republic Services franchise) for municipal solid waste collection, recycling, household hazardous waste collection, and disposal programs. Staff suggests no additional franchise be issued at this time. Current provider Bexar Waste Inc. is doing an exceptional job. ATTACHMENT(S) Letter from Republic Services dated April 16, 2013 requesting a franchise agreement with the City for industrial waste and recycling services.