Loading...
01-10-2012 Agenda PacketSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 01-10-2012 Council Agenda AGENDA TUESDAY, JANUARY 10, 2012 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session – 6:00 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) 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 5 minutes. 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 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 January 3, 2012. 2. Ordinance No. 12-M-02 – Consideration and/or action approving an Ordinance authorizing the adoption of GASB 54 Fund Policy Standards and applications, and related matters in connection therewith. Final reading (J. Kessel/J. Santoya) 01-10-2012 City Council Agenda Page - 2 - 3. Resolution No. 12-R-02 – Consideration and/or action approving a resolution designating and naming the City’s official newspaper of record. (J. Kessel/B. Dennis) 4. Resolution No. 12-R-03 – Consideration and/or action approving a resolution regarding the renewal of the Interlocal Agreement between the City of Schertz and Bexar County regarding fire protection services. (J. Kessel/D. Covington) Executive Session Called under Section 551.071 Texas Government Code 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. Reconvene into Regular Session 5. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 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 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 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 6th DAY OF JANUARY 2012 AT 3:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL 01-10-2012 City Council Agenda Page - 3 - TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis Brenda Dennis, 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 _______________, 2012. ____________________________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 Baldwin Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board – Lone Star Alamo Area Council of Governments Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Mayor Pro-Tem Scagliola – Council Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Antuna - Place 3 Audit Committee Councilmember Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Carpenter – Place 5 TIRZ II Board Hal Baldwin Scholarship Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 10, 2012 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on January 3, 2012. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of January 3, 2012. ATTACHMENT Minutes Regular meeting January 3, 2012. 1-3-2012 Minutes MINUTES REGULAR MEETING January 3, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 3, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember George Antuna Councilmember Cedric Edwards Councilmember Michael Carpenter Staff Present: City Manager John Kessel Assistant City Manager John Bierschwale Assistant City Manager David Harris Chief of Staff Bob Cantu City Attorney Michael Spain City Attorney Katherine Tapley City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance and wished everyone a Happy New Year. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. City Events • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council of the upcoming reopening/dedication of the Post Office, January 10, 2012, at 10:00 a.m. Hearing of Residents Mayor Baldwin recognized the following who spoke: • Mr. Steve Layton, 12231 Lost Meadows Drive, who addressed Council regarding Sedona flooding issues. • Ms. Tammy Teague, 1308 Circle Oak Drive, who addressed Council regarding Oak Forest speeding, road conditions, and sidewalk issues. Mayor Baldwin recognized Police Chief Don Taylor who provided factual information regarding the speeding issues. Mayor Baldwin recognized City Manager John Kessel who 1-3-2012 Minutes provided factual information regarding traffic safety issues as well as indicated that he would have the Public Works department look into her concerns regarding drainage and sidewalks. • Mr. Bruce and Mrs. Faye Touve, 5213 Brookline who provided Council with updated information on the Fairhaven issues. • Mrs. Diana Taylor, 5505 Columbia Drive, who addressed Council on the Fairhaven/Pulte situation. • Mr. Ken and Mrs. Angela Russell, 6034 Mule Deer, who addressed Council on the Fairhaven/Pulte situation. • Mr. Bryan Benavides, 5237 Brookline, who addressed Council on the Fairhaven/Pulte situation and information regarding his house. • Mr. Ryan Travis, 3605 Storm Ridge, who addressed Council on his concerns regarding his house in the Fairhaven Subdivision. • Mr. Ian McIntosh, 6100 Sennen Cove, who addressed Council on his concerns regarding his house in the Fairhaven Subdivision. Mayor Baldwin stated that the City’s hands are tied with Pulte and a buy-out, but that the City will continue to spur Pulte to get the issues resolved. He stated that Council, staff, and the City Attorney supports the homeowners’ position. Mayor Baldwin recognized City Manager John Kessel who stated that he has met personally with numerous citizens who have come in. He stated that our role is to facilitate meetings with Pulte and the homeowners, and sit down and continue to meet with Pulte. Mr. Kessel encouraged the homeowners to work directly with Pulte and the City will as well. Mayor Baldwin recognized City Manager John Kessel who indicated there were several individuals in the audience who are here for a particular item and suggested with the permission of the Mayor and Council that they move to agenda item 6 at this time. Discussion and/or Action Items 6. Ordinance No. 12-S-01- Conduct a public hearing and consider and act upon a request to rezone approximately 788.8577± acres of land out of 852.2± acres of land which is zoned Planned Unit Development District (PUD) from Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed use development. The 788.8577± acres of property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading (M. Sanchez) The following caption was read into record: ORDINANCE NO. 12-S-01 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE OFFICIAL ZONING MAP 1-3-2012 Minutes ORDINANCE NO. 08-S-07 BY REZONING APPROXIMATELY 788.8577± ACRES OF LAND OUT OF 852.2± ACRES OF LAND WHICH IS ZONED PLANNED UNIT DEVELOPMENT DISTRICT (PUD) FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD) GENERALLY FOR MIXED USE DEVELOPMENT. THE 788.8577± ACRES OF PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187 COUNTY BLOCK 5059, AND ALSO A PORTION OF THE E.R. EVANS SURVEY NO. 80, ABSTRACT NO. 216, COUNTY BLOCK 5060, AND ALSO A PORTION OF THE GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO. 424, COUNTY BLOCK 5058, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, GENERALLY LOCATED WEST OF FM 1518 AT LOWER SEGUIN ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Baldwin opened the public hearing and recognized Director of Development Services Michelle Sanchez who introduced this item stating the original approximately 850-acre Sedona Subdivision was established as a Planned Unit Development (PUD) on August 16, 2005, and amended on May 24, 2006. In August 2011, a reformulated Sedona Subdivision development team approached the City about the possibility of "upgrading" the remaining approximate 790 acres of the subdivision's standards and plans outlined in the Planned Unit Development (PUD) document in an attempt to better respond to changing market conditions. At the same time, the City recognized this as an opportunity to create a Master Planned neighborhood—the first in the City—that would set the tone of development in the Southern Sector of Schertz. Project Description Since August, staff has been fast-tracking the revised Sedona Trails Planned Development District (PDD) with the developers to create a Master Planned development. Highlights of this reformulated development are as follows: • Creation of clustered development with a village concept and greater open space • Focus on variety, community, and healthy lifestyles • Defining a themed master plan with key design elements (color palettes, continuity of landscaping, lighting, street signs, wall materials, architectural elements) • Community focal points consisting of pocket parks, playscapes, and HOA amenity centers • An expanded trail network and greenbelt park system • Embracing and implementing key Gateway Planning concepts important to the South Schertz area including FM 1518, Woman Hollering Creek, cluster style development, and neighborhood business district 1-3-2012 Minutes These major design elements are continued within the overall master plan, including "must build" streets, open spaces, trails, and design elements. Process and Steps Sedona Trails will be divided into three phases, the timing of which will be presented to the Planning and Zoning (P&Z) Commission and City Council over the course of the next year. Module I is the current packet for your consideration. This module sets the tone or theme for future modules and includes infrastructure-major entry features, drainage, water/wastewater, amenity center, parks, and road and trail systems. Initial development will be concentrated in the "middle" 182 acres of the subdivision and will almost exclusively focus on single family residential. Module II is to be considered by the P&Z Commission and Council approximately two months from now. This module will focus on architectural standards for a much more intensive development area and will expand the subdivision by focusing on the North 108 acres (approximately Lower Seguin Road and FM 1518). Anticipated uses include multi-family apartments, townhomes, garden/patio homes, and a diverse commercial/service district. Module III will go before the P&Z Commission and Council toward the end of 2012. It will focus on the southern-most 499 acres and, currently focuses on single family residential, commercial, and office uses. The existing approximate 61 acre (171 lots) Lennar Homes Subdivision will remain under the terms of the current PUD as last amended in May 2006. The Sedona TIRZ may be reconsidered in the future to allow for the construction and equipping of a relocated Fire/EMS station. This may require an expansion of the City portion of the payback period to fund those kinds of improvements. Benefits to the community In summary, this project will allow for a diversity of housing choices including more housing product types; thus allowing for people to remain in the community as their housing needs change throughout their lifetime. For instance, one could raise a family in a single family home, downsize to a townhome or garden home once the children have gone off to college, then move to an independent senior living community, then on to an assisted living community, meanwhile allowing for the maintenance of friendships and connectivity to the same area. Further, the community will have a common design theme in architecture, trails and parks, and infrastructure. Additionally, the project advances the vision of the South Schertz planning efforts. 1-3-2012 Minutes The Planning and Zoning Commission will be meeting to consider this item just prior to Tuesday’s Council meeting and a recommendation will be provided at the City Council meeting. Time frame is as follows: January 3, 2012 P&Z Public Hearing Recommendation January 3, 2012 City Council Public Hearing and First Reading of Ordinance January 10, 2012 City Council Final Reading of Ordinance Mayor Baldwin recognized City Manager John Kessel who stated that this was a unique process and very successful. He stated City staff has been meeting weekly since August. Different staff members were brought in on the front end of the process. Mayor Baldwin recognized Manager Chris Price, Schertz 1518 Limited Partnership, who stated that in 2007 changing conditions started stressing developers, partnerships, and finances. All the builders of the original project were lost. During the years that followed they began new research and formed new partnerships to look at the market today. They went out and met with new developers. Mr. Price stated they have been met with the City and with Gateway Planning for the idea to transform Sedona into a Master Planned Community. Gateway provided information as to how this would fit in the City’s Master Plan. Mr. Price stated that the right set of circumstances, including good timing and momentum, have put Sedona Trails on is course. Mr. Price provided information regarding the development that has already taken place. Mr. Price introduced Mr. Roy Bechtel, Landscape Architect, who provided more detailed highlights of the plan in regards to the architectural design possibilities within the development and answered questions. He stated that this has been an amazing, most creative process he has ever been involved with. He commended the whole team for the tremendous process. He stated the plan fully embodies three community module plans: 1 is more residential, 2 is site plan intensive, and 3 is the village that will evolve with mixed uses. He stated that one of the most important visual boards presented this evening was the must build program that involves roads and trail network plan. Mr. Bechtel thanked everyone for their leadership and the manpower of the team involved in the project. Mayor Baldwin recognized the following citizens who spoke: • Mr. Robert Brockman, 1000 Elbel Road, who asked, doesn’t the City own property in the area that will be used for a Fire/EMS station? Factual information was given to Mr. Brockman that the City is discussing relocating the station. 1-3-2012 Minutes • Mrs. Diana Taylor, 5505 Columbia Drive, who asked about the noise level. Factual information was given to Mrs. Taylor who stated that restrictions will be in place for double paned glass, which complies with ACUZ. • Mr. Michael Dahle, 9120 E. FM 1518, who expressed his approval for this project. As no one else spoke, Mayor Baldwin closed the public hearing and opened it up for Council comments. Mayor Baldwin recognized Councilmember Edwards who asked if they could hear from Mr. David Richmond, Chair of the Planning & Zoning Commission. Mayor Baldwin recognized Mr. David Richmond, Chair of the Planning & Zoning Commission who came forward stating that the Planning & Zoning Commission unanimously approved this item. He echoed all the positive comments that had been provided this evening. Mr. Richmond agreed with Mr. Bechtol that the Sedona Trails planning process is rare. Mayor and Council thanked everyone involved in the process and stated they are excited and this type of project was exactly what the City was looking for. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve Ordinance No. 12-S-01 on first reading. The vote was unanimous. Motion carried. 5. Ordinance No. 11-S-36 – Consideration and/or action approving an ordinance upon a request to rezone approximately 9.99± acres of land from General Business District (GB) to Apartment/Multi-Family Residential District (R-4). The property is more specifically described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway. First Reading (M. Sanchez) (This item was postponed at the Council meeting of December 6, 2011.) The following caption was read into record: ORDINANCE NO. 11-S-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11-S-15 BY REZONING APPROXIMATELY 9.99± ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO APARTMENT/MULTI-FAMILY RESIDENTIAL DISRICT (R-4) KNOWN AS SCHERTZ PARKWAY APARTMENTS. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, SCHERTZ, TEXAS. Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating Council will consider and act upon a request from Anthony Eugenio, to rezone approximately 9.99 acres of land from General Business 1-3-2012 Minutes (GB) to Apartment/Multi-Family (R-4) located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway. The intended use of the property after rezoning would be for an apartment complex. This property is currently undeveloped. This item was presented to Council by Public Hearing on December 6, 2011, at which time the Council unanimously voted to postpone the consideration of the ordinance first reading until January 3, 2012, to allow the applicant and staff to meet and discuss creating a Planned Development District (PDD). Staff met with the applicant December 15, 2011. The applicant presented a plan that showed apartments on the subject site and possible general business and medical/professional office on other properties owned by the Applicant in the Live Oak Hills subdivision down Schertz Parkway at Wiederstein Road. The Applicant says this portion of the plan would require changes to the Live Oak Hills properties’ covenants to allow for these uses; property covenants are controlled by the property title and not the City. Discussion was held regarding converting the proposed apartment use on the 9.99 acre site to a PDD in which medical/professional office can exist on the site. The applicant was encouraged to meet again with staff before the Council meeting to further refine a plan of action. Ms. Sanchez stated that the applicant wished to withdraw his request and resubmit. Mayor Baldwin recognized Mr. Eugenio who provided follow-up comments. Mayor and Council encouraged Mr. Eugenio to work with staff to come up with good common goals. Council took no action. Worksession Items A. Discussion regarding the City Council Rules of Procedure (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that at the request of Councilmember Michael Carpenter this item be placed on the agenda for periodic discussion, and recognized Councilmember Carpenter who stated that when he asked for this item to be placed on the agenda, there were three areas which he wanted to cover and address with the Council. He indicated that since he put this on the agenda two areas of concern had already been remediated. One, which we have stopped doing, and the other being utilizing a consent agenda, which we have been doing since then. Two out of the three have been dealt with. The only other area which he had requested last year was that we would have on the agenda the entity, individual, or office that has requested the item and then add the presenter name as an addition. Councilmember Carpenter explained why he would like to see the entity’s name of who placed the item on the agenda, and the name of the staff presenter who would be presenting the item. Mayor and Council discussed limiting the consent agenda to second readings or items believed non-controversial. Council reviewed the following for possible consideration: 1-3-2012 Minutes • Article 11. Citizen’s Rights: 11.1 – rewording “however, preference will be given to those persons who have notified the City Manager in writing by 12:00 noon on the Wednesday immediately preceding such Council meeting of their desire to speak in order that the subject they wish to address be placed on the agenda, and they will be recognized by the presiding officer without further action.” • 11.2 – Manner of addressing the Council – Time Limit - Possibility of changing the five minute limit of persons to be heard to three minutes. • Article 5. Order of Business 5.1 (b) Order of listing items; Sponsor and Responsible Staff. Names of person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. It was the consensus of Council to bring back the above recommended changes to the Rules of Procedure for modification. Consent Agenda 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 December 20, 2011. 2. Ordinance No. 12-M-02 – Consideration and/or action approving an Ordinance authorizing the adoption of GASB 54 Fund Policy Standards and applications, and related matters in connection therewith. First reading (J. Santoya/R. Galindo) The following caption was read into record: ORDINANCE NO. 12-M-02 AN ORDINANCE AUTHORIZING THE ADOPTION OF GASB 54 FUND POLICY STANDARDS AND APPLICATIONS; AND RELATED MATTERS IN CONNECTION THEREWITH. 3. Resolution No. 12-R-01 – Consideration and/or action approving a Resolution authorizing a Memorandum of Understanding with Cibolo Valley Local Government Corporation (CVLGC), and other member cities and authorizing City payments to CVLGC. (M. Spain) The following caption was read into record: RESOLUTION NO. 12-R-01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITIES OF CIBOLO, CONVERSE, SEGUIN, AND SELMA, AND THE CIBOLO VALLEY LOCAL GOVERNMENT 1-3-2012 Minutes CORPORATION, AUTHORIZING THE PAYMENT OF THE CITY’S INITIAL CONTRIBUTION OF $250,000 REQUIRED UNDER SUCH AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH. 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. • Appointment of Mr. Gordon Rae as regular member to the Transportation Safety Advisory Committee (TSAC). Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tem Scagliola to approve consent agenda items 1 through 4. The vote was unanimous. Motion carried. Mayor Baldwin moved into executive session at 7:57 p.m. Executive Session Called under Section 551.071 Texas Government Code 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, and Section 551.074 personnel and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Mayor Baldwin reconvened into regular session at 9:42 p.m. Reconvene into Regular Session 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin asked City Attorney Michael Spain and City Manager John Kessel if they thought they should place an item on a future agenda to discuss the Fairhaven/Pulte situation. It was recommended at this time to not place this on an agenda as time is needed for the residents and Pulte to get together and have dialogue to resolve the matters. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. 1-3-2012 Minutes No requests given. 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 Baldwin recognized Mayor Pro-Tem Scagliola who stated that he attended three sweetheart events over the past two weeks. Mayor Baldwin recognized Councilmember Fowler who wished everyone a Happy New Year. 11. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager John Kessel who read a citizen kudos regarding the newly hired Waylin Caraway, street sweeper, who did an outstanding job, on his first day, cleaning Dove Meadows. Lastly, Mr. Kessel stated that it is officially 2012 and he and staff wished everyone a Happy New Year. Adjournment Mayor Baldwin adjourned the meeting at 9:58 p.m. ___________________________________ Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, MMC City Secretary 50472689.1 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 10, 2012 Department: Finance Subject: Ordinance 12-M-02 - GASB 54 Fund Balance Policy, Final Reading BACKGROUND The Governmental Accounting Standards Board (GASB) has adopted Statement 54, a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal year starting after June 15, 2010. GASB is recognized by governmental entities, the accounting industry, and the capital markets as the official source of generally accepted accounting principles (GAAP) for state and local governments. City Staff recommends formally adopting GASB 54 requirements and applying such requirements to its financial statements beginning with the audit of FY 2010-11. City Council approved this on first reading at their meeting of January 3, 2012. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 12-M-02 on final reading ATTACHMENT Ordinance No. 12-M-02 50472688.1 -1- ORDINANCE NO. 12-M-02 AN ORDINANCE AUTHORIZING THE ADOPTION OF GASB 54 FUND POLICY STANDARDS AND APPLICATIONS; AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, the Governmental Accounting Standards Board (“GASB”) is the independent organization that establishes and improves standards of accounting and financial reporting for state and local governments and is recognized by governments, the accounting industry, and capital markets as the official source of generally accepted accounting principles (GAAP) for state and local governments; WHEREAS, the Governmental Accounting Standards Board (“GASB”) has adopted Statement 54, a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal year starting after June 15, 2010; WHEREAS, the City Council (the “Council”) of the City of Schertz, Texas (the “City”) authorizes the implementation of GASB 54 requirements, and directs that such requirements be applied to its financial statements beginning with the October 1, 2010 to September 30, 2011 fiscal year; and WHEREAS, the City hereby finds and determines that the adoption of this Ordinance is in the best interests of the citizens of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Council hereby approves the adoption of the GASB 54 Standards Fund Balance Policy as attached in Exhibit A. Section 2. The Council delegates to the City Manager the responsibility to assign money in funds when authorized fund balance is available. Section 3. The Council hereby approves the definitions and procedures in Exhibit A. Section 4. The Council hereby approves the minimum General Fund Balance of a three-month reserve. If the reserve amount is less than the three-month reserve, the Council authorizes the City Manager to recommend a plan to build up the General Fund Balance to the minimum three-month reserve as soon as financially viable, which shall be within a five-year period. Section 5. All ordinances and resolutions, 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. 50472688.1 Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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 Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. 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 9. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. PASSED ON FIRST READING on the 3rd day of January, 2012. PASSED AND ADOPTED on second and final reading on the 10th day of January, 2012. CITY OF SCHERTZ, TEXAS By: Mayor ATTEST: City Secretary (SEAL OF THE CITY) 50472688.1 A-1 EXHIBIT A GASB 54 FUND BALANCE POLICY (see Attached) 50472688.1 FUND BALANCE POLICY The Fund Balance shall mean the gross difference between governmental fund assets and liabilities reflected on the balance sheet. The General Fund Balance shall maintain a minimum balance of three-month reserve. If the General Fund Balance is less than the three- month reserve, the City Manager will recommend a plan to build up the General Fund Balance up to the minimum three-month reserve as soon as financially viable and must be within a five-year period. The City shall report governmental fund balances per GASB 54 definitions in the balance sheet as follows: • General Fund-to account for all financial resources not accounted for and not reported in another fund. • Nonspendable-cannot be spent because they are either not in a spendable form or legally or contractually required to maintain intact such as inventory, prepaids and permanent funds. • Restricted–has constraints that are either externally imposed by creditors, grantors, contributors, and laws or imposed by constitutional provisions. • Committed – formally designated by formal council action. Action should occur prior to the end of the year, but the amount may be determined later. Can only be changed/removed by the same formal process. • Assigned-Designations of amounts intended for specific purposes. Set by the council or an official entity to which the council has formally delegated the authority to assign amounts. Special revenue, capital projects and permanent funds are assigned (except that any deficits are unassigned). An assignment cannot create a deficit unassigned balance. • Unassigned-residual amount in general fund only (except for deficits in any other governmental fund). • Special Revenue Fund-to account for the proceeds of specific revenue sources that are restricted or committed to expenditure for special purposes other than debt service and capital projects. • Debt Service-to account for all financial resources that are restricted, committed, or assigned to expenditure for principal and interest. Financial resources that are being accumulated for principal and interest maturing in future years should be reported in debt service funds. • Capital Projects Fund-to account for all financial resources that are restricted, committed, or assigned to expenditure for capital outlays. 50472688.1 • Permanent Funds-to account for resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government’s programs – that is, for the benefit of the government or its citizens. The City Council shall approve all commitments by formal action through ordinance. The action to commit funds must occur prior to fiscal year-end, to report such commitments in the balance sheet of the respective period, even though the amount may be determined subsequent to fiscal year-end. A commitment can only be modified or removed by the same formal action. The City Council delegates the responsibility to assign funds to the City Manager. Assignments may occur subsequent to year-end. The City Council will utilize funds in the following spending order: • Restricted • Committed • Assigned • Unassigned • Nonspendable 50295770.1 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 10, 2012 Department: City Secretary Subject: Resolution No. 12-R-02 – Designating the Official City Newspaper BACKGROUND On February 2, 2010, the City Council selected the Daily Commercial Recorder as the City’s newspaper of record for legal notices, with the City’s notices also to be published in the Northeast Herald for no additional charge. The Daily Commercial Recorder and the Northeast Herald agreed to the following pricing: Service Standard Prices Discounted Prices Offered to the City Savings Per line $2.81 $2.34 $0.47 Per inch $29.30 $21.80 $7.50 ¼ page $433.80 $327 $106.80 The pricing agreement is up for renewal. The publications have agreed to maintain the above pricing through December 2013. Resolution No. 12-R-02 continues the designation of the Daily Commercial Recorder as the City’s official newspaper and the Northeast Herald as the City’s secondary newspaper through December 31, 2013, pursuant to the above pricing. FISCAL IMPACT The pricing for City publications will remain the same through December 31, 2012. RECOMMENDATION Approval of Resolution No. 12-R-02 ATTACHMENT Resolution No. 12-R-02 50295795.1 A-1 RESOLUTION NO. 12-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DESIGNATING THE CITY’S OFFICIAL NEWSPAPER AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Ordinance No. 78-M-22 requires the City Council, by Resolution, to designate a public newspaper of general circulation in the City of Schertz as the City’s official newspaper; and WHEREAS, by Resolution No. 10-R-02, the City Council (i) designated the Daily Commercial Recorder for the publication of legal notices and other City notices and advertisements through September 30, 2010 and thereafter for the 2010-2011 fiscal year if the City Council takes no contrary action; and (ii) designated the Northeast Herald as the secondary newspaper for City publication; and WHEREAS, the Daily Commercial Recorder and the Northeast Herald have agreed to maintain the rates that they charge the City for publication of notices through December 31, 2013; and WHEREAS, the City Council has determined that it is in the best interest of the City (i) to continue the designation of the Daily Commercial Recorder as the City’s official newspaper for the publication of legal notices and other City notices and advertisements through December 31, 2013; and (ii) to continue the designation of the Northeast Herald as the secondary City publication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council of the City of Schertz, Texas, hereby (i) continues the designation of the Daily Commercial Recorder as the City’s official newspaper for the publication of all official legal notices and other City notices and advertisements through December 31, 2013; and (ii) continues the designation of the Northeast Herald as the secondary newspaper for City publications through December 31, 2013, pursuant to the terms approved by Resolution No. 10-R-02. Section 2. The City Secretary is directed to provide a copy of this Resolution to the Daily Commercial Recorder and the Northeast Herald to evidence the City’s continued designation of the Daily Commercial Recorder as the City’s official newspaper and the Northeast Herald as the City’s secondary newspaper. Section. 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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. 50295795.1 A-2 Section 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED, APPROVED, AND ADOPTED, this 10th day of January, 2012. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50295770.1 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 10, 2012 Department: Schertz Fire & Rescue Subject: Renewal of Interlocal Agreement Resolution No. 12-R-03- Renewal of Interlocal Agreement between the City of Schertz and Bexar County in regards to fire protection. BACKGROUND Attached you will find the renewal of our Interlocal Agreement between the City of Schertz and Bexar County in regards to fire protection. I have reviewed the document and there are no substantive changes from last year. The agreement requires the City of Schertz to provide fire and first responder services, for a fee, as a primary service provider in the unincorporated areas of Bexar County roughly west of Cibolo Creek, north of IH 10, and east and south of our city limits. Furthermore it requires us to provide secondary service to surrounding areas of East and Southeast Bexar County. Per the agreement, at no time does a call for service in Bexar County take precedence over any call for service within the city limits of Schertz. I recommend approval. FISCAL IMPACT The County agrees to pay the City of Schertz $1,756.48 per month for this service. RECOMMENDATION Adoption of Resolution No. 12-R-03 ATTACHMENT Resolution No. 12-R-03, with attached Interlocal Agreement between the City of Schertz and Bexar County in regards to fire protection. 50234811.1 RESOLUTION NO. 12-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WITH BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City enter into an interlocal agreement for fire protection services with the County of Bexar, a political subdivision of the State of Texas (the “County”), relating to fire protection services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the County pursuant to the Interlocal Agreement for Fire Protection Services attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the County 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. 50234811.1 PASSED AND ADOPTED, this 10th day of January, 2012. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50234811.1 A-1 EXHIBIT A INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES