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06-18-2013 Agenda with Backup MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL June 18, 2013, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 06-18-2013 Council Agenda AGENDA TUESDAY, JUNE 18, 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 John Bowling – Community Bible Church) Proclamations • Proclamation recognizing Small Business week. (Mayor Carpenter/M. Titterington) 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 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. 06-18-2013 City Council Agenda Page - 2 - 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 11, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-39 – Discussion and consideration and/or action approving a Resolution authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy and other matters in connection therewith. (B. James/G. Logan) 3. Resolution No. 13-R-49 – Consideration and/or action approving a Resolution authorizing a Cooperative Purchasing Agreement with the Harris County Department of Education (HCDE), and other matters in connection therewith. (J. Bierschwale/R. Duprat-Waldo) Discussion and Action Items 4. Ordinance No. 13-T-18 – Consideration and/or action approving an Ordinance authorizing a budget adjustment to transfer personnel budget funds from Engineering Department to the Information Technologies Department; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (B. James/M. Clauser) 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 • Recognition of actions by community volunteers • Upcoming City Council agenda items Executive Session 06-18-2013 City Council Agenda Page - 3 - 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 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Section 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Attorney. 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, 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 14th DAY OF JUNE 2013 AT 2:30 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 06-18-2013 City Council Agenda Page - 4 - 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 18, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on June 11, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of June 11, 2013. ATTACHMENT Minutes –regular meeting June 11, 2013 06-11-2013 Minutes Page - 1 - MINUTES REGULAR MEETING June 11, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 11, 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 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 Councilmember George Antuna was absent. 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. Councilmember Fowler 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 of Support David Harris who announced the following upcoming events: • Wednesday, June 12, 2013 – Blood Drive 8:00 a.m. to 1:15 p.m. Parking lot at City Hall. • Friday, June 14, 2013 – Bluebonnet Palace – Mayor Carpenter will be playing along with the Gary Glenn & the 20X Band. Band starts at 8:00 p.m. • Saturday, June 15, 2013 – Schertz Community-Wide Rummage Sale, bake sale, raffle, and silent Auction, Schertz Civic Center, 8:30 to 3:30 p.m. All proceeds go to victims of the recent tornadoes near Oklahoma City. For more information please call Sherrie Sharp – 210- 886-8408. There will also be a special booth to accept donations of pet food and supplies. • Saturday, June 15, 2013 – 12th Annual Wilenchik Memorial Doggie Dash starts at 8:00 a.m. Pickrell Park. • Announcements and recognitions by City Manager (J. Kessel) 06-11-2013 Minutes Page - 2 - Mayor Carpenter recognized City Manager John Kessel who recognized Ms. Lesa Wood who was promoted to Senior Planner. Mr. Kessel also recognized Mr. Larry Busch, Engineer In Training who recently received his Certified Floodplain Managers Certificate. Presentations • Introduction of the FY 2013-14 Sweetheart Court (D. Harris/E. Matlock) Mayor Carpenter recognized Client Affairs Specialist Erin Matlock who introduced the 2013-14 Schertz Sweetheart Court: Miss Schertz – Katie Gibbons, Miss Jubilee – Sydney Fischer, Miss Friendly – Ariel Villarreal – Schertz Sweetheart Court. Executive Director of Support David Harris stated that later on the agenda Council will be approving a resolution approving the Sweetheart Advisory Group which consists of the following members: Mr. Steve White, Mr. Don Taylor, Ms. Carla Vetter, Ms. Jenifer Anderson, Ms. Heather Dizon, Ms. Melba Erlanson, and Ms. Lindsey Musch. Mr. Harris also recognized City Support Members: Ms. Mary Spence, Ms. Linda Ervin, Mr. Joe Villarreal and himself, as well as Council Liaison David Scagliola. Workshop • Presentation/discussion and direction regarding amendments to the Unified Development Code (UDC) regarding Landmark Property designations and Historic Overlay Districts; survey results of Coat of Arms Survey; and upcoming Landmark Property Designations. (B. James/D. Weirtz) Mayor Carpenter recognized Executive Director of Development Brian James and Chair of the Historical Preservation Committee Dean Weirtz. Mr. James stated staff has been working with the Schertz Historical Preservation Committee (SHPC) on two potential changes to the Unified Development Code (UDC). The first is to change the name of the historical Landmark Designation Program to Landmark Property Designation Program. The second change would amend the UDC to provide criteria for a Historic Overlay District. Mr. James provided the following information: Proposed changes to the Unified Development Code (UDC) Staff has been working with the Schertz Historical Preservation Committee (SHPC) on two potential changes to the UDC. The first, which was mentioned by Chairman Dean Weirtz, involves changes to Section 21.4.9 Designation of Historic Landmarks, Creation of Historic Districts and Certificates of Appropriateness. The City Council has been designating Historic Landmarks based on the recommendation of the SHPC for some time. The program was intended to recognize structures important the community’s past, but was not intended to trigger any additional regulations. Chapter 442 of the Government Code/Section 315.006 of the Texas Local Government Code does impose additional regulations on structures and properties designated as historic by a local government. This was not the intent of the City of Schertz designation. It is recommended that the UDC be amended to alter the title of the designation to landmark property with the stipulation that the property is not to be considered a “historic structure or 06-11-2013 Minutes Page - 3 - property” per section 315 of the Texas Local Government Code. Staff supports this amendment to the UDC. The draft proposed amendment is attached as section 21.4.9. The second change being proposed by the SHPC is to amend a number of sections of the UDC to add provisions for a historic overlay district. The changes include criteria for establishing the historic overlay district on properties as well as restrictions on alterations to structures/property without first obtaining a certificate of appropriateness. Under the proposed change, the SHPC shall review and approve or deny requests for certificates of appropriateness. If they deny a request, the applicant may appeal to City Council. To be clear, the changes being proposed at this time are to establish the regulations necessary to create a historic overlay district, not to actually zone any property as such at this time. The majority of the changes are to section 21.5.12 Historic Overlay District, but also include changes to sections 21.5.9 and Article 16 Definitions. The SHPC feels that having regulations for a historic overlay district is consistent with their mission and critical to preserving historic properties in the City of Schertz. Staff has some concerns creating the overlay district regulations at this time. While the changes do not actually designate property, doing so in the future which will impose additional restrictions on altering structures can be a contentious issue, especially among long time homeowners who feel the City is overstepping their authority. Staff also feels additional training is necessary for staff, commission members and the community to fully understand the basis for considering alterations to historic structures. Regarding the proposed Coat of Arms and previous discussions with Council staff created a short online survey to gauge public opinion. Coat of Arms Survey The Schertz Historical Preservation Commission worked to develop a draft Coat of Arms that was presented previously to the City (see attached). Staff conducted a web survey to gauge public opinion with regard to the Coat of Arms. The majority of the approximately 100 respondents like the Coat of Arms and did not feel any elements needed to be added or eliminated. The most comment suggestion for changes seemed to be that it was “too busy” and that items should be eliminated, but there was not an overwhelming consensus as to what to eliminate. As such staff and the commission chair feel the Coat of Arms should be adopted as proposed and utilized for ceremonial purposes and will place an item on a future agenda to establish it as the City’s Coat of Arms. The Schertz Historical Preservation Committee is recommending two properties be designated as Landmark Properties upon adoption of the amendment to UDC mentioned above. The first is the property at 509 Main Street – One Main Plaza Building (see attached). The second is the property at 511 Main Street – the former Schertz State Bank Building (see attached). Council concurred with staff to change the name of the Historical Landmark Designation Program to the Landmark Property Designation Program. Council and staff provided their comments and concerns regarding approving a proposed Historic Overlay District and the effect this could impose on homeowners wanting to improve their property. Council’s biggest concern was the flooding issues in the area and that this issue takes priority. 06-11-2013 Minutes Page - 4 - Council and staff discussed the proposed draft of the Coat of Arms. Staff will continue to work on a final Coat of Arms and bring an item to Council in the future for approval. Mayor Carpenter moved to the Hearing of Residents section of the agenda. 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 citizens who spoke: • Ms. Clare Layton, 12231 Lost Meadows Drive, who spoke on the proposed Coat of Arms. Ms. Layton provided suggestions of utilizing the creativity of our local high schools art departments to design a Coat of Arms, ask the students to submit their work. The winner would receive a monetary prize, and a chance to have their artwork displayed in the City. Ask the students to submit a design for the Coat of Arms, and Council would determine the finalist. She also asked for women to be represented on the Coat of Arms. • Mr. Grumpy Azzoz, 528 Wayward Pass, who requested Council consider an exclusive contract with Bexar Waste and bring the item forward. Mr. Azzoz also requested better language be provided on the agenda items so that the citizens can better understand what is being considered. Mr. Azzoz addressed his concern as to why the City Manager and City Attorney sit on the dais. • Mr. Brad Bailey, Randolph Metrocom Chamber of Commerce, who spoke on the exciting changes being made at the Chamber and to continue to provide information to the business community to keep them involved. He stated it was a time to involve the local businesses, promote economic development and tourism. Workshop • Presentation/discussion and direction regarding the City of Schertz Code of Ordinances, Chapter 54 – Nuisances, Section 54-22(b)(3) – Any sign, notice, pole, post, basketball goal, and any other obstructions placed or painted upon any sidewalk, street, or in any public right- of-way within the corporate limits of the City. (J. Bierschwale/B. Todd) Mayor Carpenter recognized Executive Director of Operations John Bierschwale who introduced this item stating that this item is regarding complaints received regarding a basketball goal in the street and kids playing in the street. The anonymous caller said her house and vehicle had been hit by the basketball and she was tired of hearing it. She complained to the HOA, but was told to call the City for compliance. It was found that this 06-11-2013 Minutes Page - 5 - address had previous violations for the same offense. In order to put this issue into the full context, there are three separate issues that must be considered. The first relates to safety, the second relates to nuisance, and the third relates to citizen enjoyment of their neighborhoods. Ideally, the proper solution should not create a safety or nuisance concern while allowing all citizens the greatest enjoyment of their neighborhoods. Staff discussed the Nuisance Ordinance Section 54-22 as it relates to any sign, notice, pole, post, basketball goal, and any other obstruction placed or painted upon any sidewalk, street or in any public right-of-way within the corporate limits of the City. Council provided their comments and expressed concerns regarding the placement of basketballs goal in the street. They discussed issues of safety, rights of property owners, and the right of enjoyment of their neighborhoods. Council agreed this should not be included in the Nuisance Ordinance. Council referred this item to the Traffic Safety Advisory Commission for review, and to then bring their recommendations back to Council. • Presentation/discussion and possible action regarding the Water/Wastewater Rate Study and Long-Term Financial Plan. (J. Bierschwale/S. Willoughby/Dan Jackson) Mayor Carpenter recognized Mr. Dan Jackson with Economists.com provided a brief PowerPoint reviewing our water and sewer rates and recommend a five-year rate schedule based on projected water and sewer projects and maintenance expenses, including rate increases from CCMA, SSLGC, and CVLGC. Included in this study was cost savings based on benefits of selling water to SAWS. Mr. Jackson stated that he had briefed the Council on April 16, 2013 regarding the City’s Water/Wastewater Rate Study. Council asked for additional information and rate scenarios to be brought back in June. Mr. Jackson stated the City’s goal is to have a 5-year rate schedule that will result in a balanced budget with minimal increases as allowed. He stated staff recommends Council approve the 5-year Water/Wastewater rate schedule as presented and add the new rates to the FY 2013-14 Fee Schedule. Council provided their comments and expressed a concurrence to move forward with the five-year plan as presented. Mayor carpenter recognized Councilmember Scagliola who requested agenda item number two (2) be removed from the consent agenda for separate action. Consent Agenda Items 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. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 4, 2013. (J. Kessel/B. Dennis) Recommend approval. 3. Resolution No. 13-R-46 – Consideration and/or action approving a Resolution authorizing the appointment of the Schertz Sweetheart Advisory Group, and other matters in connection therewith. (D. Harris/E. Matlock) 06-11-2013 Minutes Page - 6 - The following was read into record: RESOLUTION NO. 13-R-46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPOINTMENT OF THE SCHERTZ SWEETHEART ADVISORY GROUP, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 13-R-47 – Consideration and/or action approving a Resolution authorizing the revised By-laws of the Schertz Sweetheart Advisory Group, and other matters in connection therewith. (D. Harris/E. Matlock) The following was read into record: RESOLUTION NO. 13-R-47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE REVISED BY-LAWS OF THE SCHERTZ SWEETHEART ADVISORY GROUP, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Edwards, who moved, seconded by Councilmember Fowler to approve the consent agenda items 1, 3, and 4. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Verinder voting yes and no one voting no. Motion Carried. Discussion and Action Items 2. Resolution No. 13-R-45 – Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Ford Engineering, Inc., relating to Engineering, Design, and Hydraulic Study for the Maske Road Waterline Project, and other matters in connection therewith. (J. Bierschwale/S. Willoughby) The following was read into record: RESOLUTION NO. 13-R-45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND HYDRAULIC STUDY FOR THE MASKE ROAD WATERLINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated the City is in the process of constructing the Soccer Complex on Maske Road and no waterline exists and the Complex requires water service. He also stated Public Works also needs to extend a water line from the high pressure zone to the 20” water line that delivers water to Universal City to improve the flow. Staff has determined that Ford Engineering is qualified to provide the engineering and design services for the project in the amount of $65,905. The cost break down of the project is as follows: 06-11-2013 Minutes Page - 7 - Budget Estimate Engineering $ 65,905 Construction $600,000 Legal $ 1,000 Advertising $ 4,500 Other Prof. Services $ 5,000 Project Total $676,405 Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Fowler to approve Resolution No. 13-R-45. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Verinder voting yes and no one voting no. Motion Carried. 5. Resolution No. 13-R-48 – Consideration and/or action approving a Resolution authorizing changes in the employee compensatory time policy as contained in the City of Schertz Employee Policy Handbook. (J. Kessel/J. Smith) The following was read into record: RESOLUTION NO. 13-R-48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE COMPENSATORY TIME POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK. Mayor Carpenter recognized Human Resource Director Josh Smith who introduced this item, stating that staff has performed their due diligence in ensuring the proposed changes to personnel policy are appropriate through the following process: 1. Benchmark best practices of other municipalities in the South-Central Texas Region. 2. Solicit input from key stakeholders and Subject Matter Experts (SME’s) 3. The development of an ad-hoc review committee consisting of individuals from various departments to ensure the policies fit the unique needs, culture, and values of the City of Schertz. 4. Vet policies through other review committees consisting of: Administrative Assistants, Department Heads, City Management, City Employment Attorney, and finally the City Council. Summary of changes included: Compensatory Time (Comp Time) Policy • Clarifies who is eligible • Establishes accrual schedules for non-exempt employees • Solidifies how comp time is carried over • Communicates appropriate usage of comp time • Communicates appropriate payouts for comp time 06-11-2013 Minutes Page - 8 - Mayor Carpenter recognized Mayor Pro-Tem Edwards, who moved, seconded by Councilmember Scagliola, to approve Resolution No. 13-R-48. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, 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 agenda items 1 through 5. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro-Tem Edwards who congratulated his son, Cedric Jr. for graduating Magna Cum Laude and his appointment to the United States Military Academy at West Point. Mayor Carpenter recognized Councilmember Fowler who stated he attended the Employee Picnic on Sunday. He thanked everyone involved. Mayor Carpenter recognized Councilmember Scagliola who also stated he attended the Employee Picnic on Sunday. He also stated that on Tuesday, June 11, 2013, he along with others conducted interviews for the Deputy City Secretary Position. 06-11-2013 Minutes Page - 9 - Mayor Carpenter recognized Councilmember Verinder who stated last week he was able to go out with the Executive Director of the Schertz-Seguin Local Government Corporation doing field site visits and received valuable information on some of their programs. Mayor Carpenter stated that we have a threat to our water system as an application has been filed from Post Oak Clean Green, Inc., proposing a landfill. Mayor Carpenter stated that the Northeast Partnership for Economic Development will be meeting on Thursday to pass a resolution opposing the permit application. Executive Session Council did not meet in Executive Session 10. 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 8:48 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: _________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 18, 2013 Department: Parks, Recreation and Community Services Subject: Resolution No. 13-R-39 Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy BACKGROUND The City’s Parks, Recreation and Community Services Department has developed a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy (the “Policy”). This “Policy” was developed after the Department was approached by a local corporation that wanted to provide developmental funding for several City of Schertz Parks, Recreation, and Community Services Department facilities. The “Policy” identifies several categories that would qualify for naming rights and endorsements by the City Council of the City of Schertz: • Category 1. Parks and Recreation Facilities/property includes real estate, buildings, park roads, or whole parks. The naming rights will be for a period not to exceed ten (10) years unless the donor (or company) goes out of business at which time the naming rights will be rescinded. If the donation provides 100% of the cost of construction, the donor (or company) retains the naming rights for a period not to exceed ten (10) years. If the donor (or company) goes out of business prior to that time, the naming rights are rescinded. If the donor (or company) makes annual (incremental) payments over the course of the naming rights period and misses a payment, or goes out of business, the naming rights are rescinded. The City Council will approve all Category 1 requests for naming rights. • Category 2. Memorials/physical items include gardens, monuments, memorials, rooms, furniture or collections, as well as, smaller items such as trees, benches, paving stones at specific sites, or individual items within larger collections. Given the types of items associated with this category, the naming rights for these items would be of an indefinite duration. Category 2 requests will be approved by the Parks Advisory Board following the recommendation of the Director of Parks, Recreation, and Community Services. • Category 3. Branding and Special Programs/Activities includes sponsorships of time-specific activities or endowments for on-going projects or initiatives. Examples might include, but are not limited to: youth sports team uniforms (seasonal); booths at city wide events; an exhibition booth display; sponsorship of an annual golf benefit tournament; etc. Category 3 requests will be approved by the Parks Advisory Board following the recommendation of the Director of Parks, Recreation, and Community Services. It is important to note that all potential donations for naming rights, regardless of category, will be fully vetted through the City of Schertz management and legal staff before moving forward with this process. This will be accomplished in each case to ensure that both the donor and the gift are appropriate and consistent with the City of Schertz mission statement. Goal Identify and utilize alternative sources of funding for existing, future, and proposed city and community facilities and projects, enhancing city wide efforts beyond traditional funding sources while developing partnerships with local benefactors, businesses, and corporations. Community Benefit This “Policy” is not intended to circumvent City of Schertz standard operating procedures/means to maintain or improve parks, recreational, and community facilities. Rather, this “Policy” provides for the enhancement of community facilities through donations provided by local benefactors and corporations. Summary of Recommended Action Review and approve Resolution No.13-R-39 the Parks, Recreation and Community Services Naming Rights and Endorsement Policy. FISCAL IMPACT None. This action will approve the acceptance of individual, organizational, and corporate funding donations for existing and future parks, recreational, and community services facilities. RECOMMENDATION Approve Resolution No. 13-R-39 authorizing a Parks, Recreation and Community Services Department Naming Rights and Endorsement Policy. ATTACHMENT Resolution No. 13-R-39 CITY COUNCIL MEMORANDUM AGENDA NO. 3 City Council Meeting: June 18, 2013 Department: Purchasing & Asset Management Subject: Resolution No. 13-R-49 - Interlocal Agreement Harris County Department of Education BACKGROUND The City participates in several purchasing cooperatives throughout the State of Texas. This participation has resulted in saving money, manpower and advertising costs for the City. Goal To provide diverse avenues for sound purchasing practices for the City. Community Benefit Participation in cooperative purchasing organizations minimizes the cost of purchasing goods and services for the City Staff. It provides the best price and best value with the widest selection for large and small dollar purchases. Utilization of purchasing co-ops enhances good fiscal stewardship and results in dollar savings by offering reduced prices and saving valuable staff time. Summary of Recommended Action Review and approve Resolution No. 13-R-49 allowing City Staff to participate in cooperative purchasing with the Harris County Department of Education (HCDE). FISCAL IMPACT Measurable only in the cost savings and manpower savings to the City over an unspecified period of time. RECOMMENDATION Approval of Resolution No. 13-R-49 ATTACHMENT(S) Resolution No. 13-R-49 and the current list of goods and services provided to the members of HCDE. Agreement RESOLUTION NO. 13-R-49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COOPERATIVE PURCHASING AGREEMENT WITH THE HARRIS COUNTY DEPARTMENT OF EDUCATION (HCDE), AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a cooperative purchasing agreement in substantially the form, attached hereto as Exhibit A (the “Agreement”) with the Harris County Department of Education (the “Company”) relating to providing the best value and widest selection for all City purchases; now, therefore, 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 the Company in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50506221.1 - 2 - PASSED AND ADOPTED, this 18th day of June, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 18th, 2013 Department: Engineering (173) and Information Technologies (853) Subject: Ordinance No. Ordinance No. 13-T-18 Budget Adjustment to provide of funds for the transfer of an open position of Administrative Assistant from the Engineering Department to the Information Technologies Department (Final Reading) BACKGROUND Efficient and effective operations of the Information Technologies Department in support of the core priorities as identified by Council and put into practice by Management, are crucial to the success of those endeavors. As the City continues to grow the abilities and resources needed to manage the City’s technologies grows as well. The Information Technologies Department’s manpower resources were reduced two budget cycles ago when the open position for Administrative Assistant was de-funded. Since that time administrative duties have been performed by the Department’s technical staff. City Management has determined that in order to better achieve its goals, it has become necessary restore that position to the Department. It was determined that the best way to do so is to transfer a position of Administrative Assistant from the Engineering Department to the Information Technologies Department. This transfer will have no fiscal impact on the City and minimal changes to the Engineering Department as sufficient administrative support is available from Public Works. In order to provide necessary funds for the project, the City’s 2012-13 Budget must be amended to show a transfer in the amount of $12,836.00 to the Information Technologies Department (853) from the Engineering Department (173). Goal Provide a transfer of funding to facilitate the transfer of a position of Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853). Community/City Benefit Providing the Information Technologies Department with much-needed administrative help will improve the Department’s ability to manage the City’s technology systems. This transfer will fill a gap in personnel that has been in place for the last 2 budget cycles, relieving the burden of day-to-day administration that currently is placed on the IT technical staff. Summary of Recommended Action Approve transferring $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853) for the transfer of the position of Administrative Assistant. FISCAL IMPACT This action will transfer $12,836.00 from the Engineering Department (173), to the Information Technologies Department (853). The balance for the General Fund will not change. RECOMMENDATION Approve Ordinance Number 13-T-18 final reading authorizing a budget amendment transferring $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853). ATTACHMENT(S) Ordinance No. 13-T-18 ORDINANCE NO. 13-T-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO TRANSFER PERSONNEL BUDGET FUNDS FROM ENGINEERING DEPT TO THE INFORMATION TECHNOLOGIES DEPARTMENT; 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 has determined that it is in the City’s best interest to transfer an open position for Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853); and WHEREAS the CITY needs to adjust the Budget to transfer remaining personnel funds of approximately $12,836 related to the open Administrative Assistant position to the Information Technologies Department (853), from the Engineering Department (173); and WHEREAS, City staff recommends that the City Council of the City adjust the Budget to approve the transfer of funds from the Engineering Department (173) to the Information Technologies Department (853); and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the transfer of funds from the Engineering Department (173) to the Information Technologies Department (853), for the transfer of an open position of Administrative Assistant, 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 to transfer $12,836.00 from the Engineering Department (173) to the Information Technologies Department (853), to fund the transfer of the open position of Administrative Assistant from the Engineering Department (173) to the Information Technologies Department (853). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 18th day of June, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ day of June, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL)