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01-20-2015 Agenda with backup MEETING AGENDA City Council CITY COUNCIL January 20, 2015 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City COUNCIL PHOTOS 5:00 - 5:30 P.M. AGENDA TUESDAY, JANUARY 20, 2015 AT 6:00 P.M. Call to Order – City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem John) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Presentation/discussion and update regarding Food Trucks in the City of Schertz. (B. James/M. Sanchez/M. Harris/J. Hamilton) • Presentation and discussion and update regarding Street Improvements – past, present, and future. (Item requested by Councilmember Fowler) (B. James/K. Woodlee) 01-20-2015 Council Agenda • Presentation and updates regarding the Animal Adoption Facility. (M. Harris/S. Roman) 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. Workshop • Discussion and/or possible action regarding the City Council’s Code of Ethics. (Mayor/Council) • Discussion and/or possible action regarding the City Council’s Code of Conduct and Procedure related to voting and abstentions. (Mayor/Council/C. Zech) Discussion and Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular Meeting of January 13, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15-T-05 – Consideration and/or action approving an Ordinance authorizing a Budget Amendment to the Grant Fund 405 for the Award from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency. (First & Final) (J. Bierschwale/J. Correu) 3. Employee Compensation – Discussion and possible action regarding the City’s Employee Compensation Plan. (J. Kessel/Council) Roll Call Vote Confirmation Requests and Announcements 4. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions 01-20-2015 City Council Agenda Page - 2 - • New Departmental initiatives 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. 7. 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 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 16th DAY OF JANUARY 2015 AT 9:30 A.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 _______________, 2015. ____________________________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. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed 01-20-2015 City Council Agenda Page - 3 - therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 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 John – Place 3 Lone Star Rail District Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson Place 5 Audit Committee 01-20-2015 City Council Agenda Page - 4 - Workshop CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2015 Department: Mayor/Council Subject: Discussion regarding the City Council Code of Ethics BACKGROUND At the January 6, 2015 City Council meeting Councilmember Edwards stated that he felt that the Councilmembers should all sign their names to the Code of Ethics because it would give the document more weight. A copy of the City Council’s Code of Ethics is attached with a page added for each Councilmember to sign. FISCAL IMPACT None RECOMMENDATION Council to discuss and act if necessary. ATTACHMENT City Council Code of Ethics with signature page. 12-09-14 Final City Council Code of Ethics Introduction The City Council Code of Ethics (the “Codes”) applies onl y to the members of the City Council: the Mayor, the Mayor Pro-Tem and the other City Council members. Furthermore, all provisions of the Codes apply equall y to the Mayor, Mayor Pro-Tem and Cit y Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the Cit y Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and • working together to deliver the best outcomes for the long-term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board, Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 12-09-14 Final board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During Cit y Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conv ersation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 12-09-14 Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During Cit y Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City st aff. Such designation may occur at an y time, including prior to a Cit y Council meeting. City Council members shall not berate nor admonish staff members. d. During Cit y Council meetings, a Cit y Council member, once recognized, shall not be interrupted while speaking unless called to order b y the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, Cit y Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the Cit y Council. f. During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he/she has been directed b y Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 12-09-14 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby an y member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information Shared in Executive Session a. Council members shall keep all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the City Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, Cit y Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy-related or otherwise. b. No member of Council (specificall y including the Mayor, the Mayor Pro-Tem and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make an y demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or an y member of staff. c. No member of Council shall attempt to influence the City Manager, Cit y Secretary, Cit y Attorney, Cit y J udge (or J udges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 12-09-14 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, Cit y Secretary, City Attorney or the City Judge (or Judges) or an y member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums , explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfull y declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f. Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, Cit y Attorney or the City Judge (or Judges) or any m ember of staff, with the exception of times of emergency lawfully declared b y th e Mayor, during which time the Mayor ma y act independentl y until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. Violations 1. Violation of the Code of Ethics a. Council members are expected to abide b y the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 5 12-09-14 Final 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for an y of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, S ection 4.10 of the City Charter), Cit y Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self-incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during an y of the processes described in this policy, the Council may refer the matter, as appropriat e, to the Bexar, Comal or Guadalupe Count y District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Violations Any suspected violation or alleged violation b y a Council member must be reported to the Mayor. An y suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro-Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro-Tem regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 6 12-09-14 Final Procedure for Conducting Inquiries The role of leading an inquiry of an y Council member for an y violation or alleged violation of this policy lies with the Mayor, Mayor Pro-Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro-Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of Cit y Council have the obligation to govern themselves responsibly in the enforcement of an y violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediatel y. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case-b y-case basis. City Council, as a collective bod y, may change the order of the disciplinary steps li sted below, or ma y choose not to use any st ep, depending on the circumstances under revi ew. City Council members may take an y appropriate disciplinary action including, but not limited to: • Cautioning o Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. o A c autioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro-Tem with only one (1) member of Council present. • Correction o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 12-09-14 Final The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. o A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. o The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure o The act of placing a Council member under censure is an official and public reprimand of a City Council member b y the bod y of the City Council for multiple and/or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be ‘not in good standing’ with the body of the Council. o The censure of any Council member, including the Mayor, shall be administered in writing. o Censure may last up to sixty (60) days or as appropriately defined b y Cit y Council on a case b y case basis. o At the end of the censure period, the censure has expired and shall not be extended. o A Council member placed under censure ma y return to a good standing status once their censure period has ended. o The bod y of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. o All censure hearings shall be conducted in accordance with the Open Meetings Act. o Because censures are administered in writing, a censure must be publicl y voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 12-09-14 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 20th Day of January 2015. _____________________________ ____________________________ Michael R. Carpenter, Mayor Daryl John, Mayor-Pro-Tem, City Council Place 3 _____________________________ ______________________________ Jim Fowler, City Council Place 1 Grumpy Azzoz, City Council Place 2 _____________________________ _______________________________ Cedric Edwards, City Council Place 4 Robin Thompson, City Council Place 5 Page 9 Workshop B CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2015 Department: Mayor/Council Subject: Discussion regarding proposed abstention options BACKGROUND At the January 6, 2015, City Council meeting a discussion followed with City Attorney Charles Zech who explained the way the current city charter reads regarding voting and abstentions. It takes a vote of three to take any action. When an individual abstains, this actually acts as a ‘no’ vote; the reason for that is it counts toward the quorum for the purposes of a vote. He further clarified that three votes of ‘yes’ would be for any action and not just limited to ordinances and/or resolutions. According to the Texas Local Government Code law, when you have an actual conflict of interest, you are required to file a disclosure statement and abstain from voting. Under Roberts Rules and under case law when that occurs you are not counted toward the quorum for the purposes of the vote. This doesn’t help the City of Schertz because of the charter provisions that say it takes three (yes) votes for action to be taken. He plans on bringing this topic up at the next Charter Review Commission meeting for discussion. He will also bring up a ‘disaster clause’ issue with the commission. A number of other things also need to be addressed surrounding how to interpret and handle abstaining votes, tie votes, motions, seconds, and other unique situations. Council continued to discuss several different possible scenarios with the City Attorney. City Council authorized City Attorney Charles Zech and City Staff to outline some steps for handling abstaining votes along with recommendations for council to consider. City Staff worked with the City Attorney to review the City Council Rules of Conduct and Procedures regarding the proposed language. FISCAL IMPACT None RECOMMENDATION Council to discuss the proposed language and select option “A” or “B” for each of the sections. EXHIBIT Draft language regarding effects of abstention voting City Council Memorandum Page 2 Action on required Abstentions; Effect of non-required Abstentions. The following rules shall apply when a Council Member abstains from voting on an item: When the Council Member is Legally Obligated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local Government Code Chapter 171, a local ordinance or the City Charter then the Council Member shall leave the dais and exit City Council Chambers until such time as the debate and vote on the item has been concluded. The City Secretary shall record that the Council Member left the room and abstained from the vote in the official minutes and there shall be no other effect. When the Council Member as no Legal Obligation to Abstain from Voting. When the Council Member has no legal obligation to abstain from voting then the following rules shall apply: 1.a. When there are five Council Members present: Upon a vote of 2 ayes, the abstentions shall constitute nay votes; as a result, any combination of remaining votes being a combination of nays and abstentions the vote shall result in a tie and the Mayor shall vote to break the tie. 1,b. When there are five Council Members present: Upon a vote of 2 ayes, and the remaining votes being a combination of nays and abstentions, and as the vote failed to achieve three affirmative votes, the vote shall fail. 2.a. When there are four Council Members present: Upon a vote of 2 ayes, the abstentions shall constitute nay votes; as a result, 1 nay and an abstention the vote shall result in a tie and the Mayor shall vote to break the tie. 2.b. When there are four Council Members present: Upon a vote of 2 ayes, and as the vote failed to achieve three affirmative votes, 1 nay and an abstention the vote shall fail. 3. When there are three Council Members present: Abstentions shall have the effect of a “no” vote. 4. All abstentions are counted as “no” votes. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on January 13, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of January 13, 2015. ATTACHMENT Minutes – regular meeting January 13, 2015. MINUTES REGULAR MEETING January 13, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 13, 2015, 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 Carpenter Mayor Pro-Tem Daryl John Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Councilmember Cedric Edwards was absent. Call to Order Mayor Carpenter called the meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Thompson) Reverend Linda Montgomery provided 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 (J. Bierschwale/B. James) Director of Development Services Brian James provided the following information: • Wednesday, January 14, Services for Mayor Dalton, Jay F. Feibelman Garden Ridge Community Center, 9400 Municipal Parkway, 10:00 a.m. • Thursday, January 15, Chamber After Hours Mixer (hosted by All Battery Center), 8143 Agora Pkwy, Ste. #125, Selma, TX; 5:30-7:00 p.m. • Saturday, January 17, 5th Annual Selma/Schertz 5K Run (Salute to Service Members) – starts at 9:00 a.m. at Blue Bonnet Palace. Registration begins at 6:30 a.m. and run begins at 8:10 a.m. 1-13-2015 Minutes Page - 1 - • Monday, January 19, City Offices will be closed in observance of Martin Luther King Day. • Tuesday, January 20, Chamber Monthly Luncheon, Schertz Civic Center, 11:30- 1:00 p.m. Presentation: 2014 in Review & Updates for the 2015 year. • Tuesday, January 20, Individual and Group Council photos, City Council Chambers 5:30 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that IT Director Myles Clauser recently worked with the Dale Carnegie Association in San Antonio and he has brought a lot of our city staff along through that program. Mr. Kessel thanked Mr. Clauser. Mr. Kessel stated that what is interesting is that this association is trying to reach out to the greater San Antonio community and they have asked one of Mr. Clauser’s staff members, Senior Systems Engineer Kyle Gaertner, if he would be in one of their future TV commercials. Mr. Kessel stated that this is a great program and again thanked Mr. Clauser and Kyle for bringing it to the City. Hearing of Residents • Mr. Roger Scott, 14546 Schmidt Craft Lane, Schertz, who spoke regarding information needed in reference to the Annexation of the 69.111 acres located on Trainer Hale Road and on the item regarding the request to zone the acreage. Mr. Scott indicated that proper notification was not provided and stated all he was asking for was to be kept informed. • Ms. Maggie Titterington, Schertz Chamber President who provided information on the past and upcoming events of the Chamber. Ms. Titterington introduced Ms. Maria Gonzales and Mr. Kevin Gillin with the 2015 Schertz Chamber of Commerce Leadership Core. • Ms. Maria Gonzales, with the 2015 Schertz Chamber of Commerce Leadership Core, who came forward thanking the City for the opportunity to learn about municipalities and how they work. • Mr. Kevin Gillin also with the 2015 Schertz Chamber of Commerce Leadership Core, who also thanked the City of Schertz. Mayor Carpenter recognized the following individuals who were in the audience this evening: • Guadalupe County Commissioner Jim Wolverton • Col. Jodi Neff, 12th Flying Training Wing, Randolph AFB Mayor Carpenter moved to agenda item 10. Discussion and Action Item 1-13-2015 Minutes Page - 2 - 10. Resolution No. 15-R-06 – Consideration and/or action approving a Resolution in support of JBSA-Randolph by additional property sale and lease notice and limited expansion of Local Government Code Chapters 397 and 397A to the area surrounding JSBA- Randolph. (B. James/J. Wolverton) The following was read into record: RESOLUTION NO. 15-R-06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF JBSA-RANDOLPH BY ADDITIONAL PROPERTY SALE AND LEASE NOTICE AND LIMITED EXPANSION OF LOCAL GOVERNMENT CODE CHAPTERS 397 AND 397A TO THE AREA SURROUNDING JBSA-RANDOLPH Mayor Carpenter recognized Executive Director of Development Brian James who came forward introducing this item answering questions from Council. Mr. James stated that The San Antonio Region including the City of Schertz that surrounds JBSA-Randolph has experienced significant growth and development. The 12th Flying Training Wing Flight Operations may not be compatible with future development of property in the Runway Clear Zones (CZ), Accident Potential Zones (APZ), and High Noise Areas (65 decibels or greater), and these safety zones and noise areas (CZ) and (APZ) are subject to increased risk and/or high levels of aircraft noise on a daily basis. High Density Trainer Operations flown by the 12th Flying Training Wing 145 T-38, T-6, and T-1 aircraft are not compatible with high density urban development. The City of Schertz wishes to protect both the Community and the JBSA-Randolph training missions. The City of Schertz does not wish the Air Education and Training Command (AETC) to ever consider a need to move the 12th Flying Training Wing out of the San Antonio Metropolitan Area or the State of Texas should future incompatible developments occur within the Runway Clear Zones, Accident Potential Zones, or High Noise Zones of JBSA-Randolph. The City of Schertz, including Bexar, Guadalupe, and Comal Counties, are not fully able to consider an installation’s recommendations regarding development in order to ensure compatibility with Mission Requirements. There is currently no statute or other regulatory mechanism to compel property owners to notify purchasers that the property is located in a High Noise Zone and/or Accident Potential Zone. The provisions of the Texas Government Code Chapters 397 and 397A are not available to JBSA-Randolph or Municipalities or Bexar, Guadalupe and Comal Counties due to the limited application set forth in those Statutes. The City Council of the City of Schertz, Texas hereby requests that the Texas Legislature approve and submit to the Governor for passage of Legislation two amendments to address greater property owner awareness and future development compatibility in the area around Joint Base San Antonio – Randolph, including: 1-13-2015 Minutes Page - 3 - • Incorporating certain portions of Arizona Statute A.R.S. 28-8481 related to potential property ownership or lease notification such that any property owner whose property is located within a clear zone, accident potential zone or high noise area (65 decibels or greater) shall notify potential purchases of the property and potential leases or renters that the property is located in one of these zones; and • Sections 397.005 (b) and 397.006 of the Texas Local Government Code be amended to apply to the area around Joint Base San Antonio - Randolph. Mr. James stated that staff recommends Council approve Resolution No. 15-R-06 in support. Mayor Carpenter recognized Col. Jodi Neff, 12th Flying Training Wing, Randolph AFB who came forward thanking the City of Schertz for their support and appreciation on the measure, reiterating the safety of our citizens, and the opportunity to share in the responsibility. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Azzoz to approve Resolution No. 15-R-06. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. Mayor Carpenter moved back to the consent agenda items of the agenda. Consent Agenda Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 6, 2015. (J. Kessel/D. Schmoekel) 2. Ordinance No. 15-A-01 - Annexation – Consideration and/or action to discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I-10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (Final Reading Hearing) (B. James/L. Wood) The following was read into record: ORDINANCE NO. 15-A-01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF I-10, BEXAR COUNTY, TEXAS. 1-13-2015 Minutes Page - 4 - 3. Ordinance No. 15-S-02 – Consideration and/or action approving an Ordinance on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (Final Reading) (B. James/L. Wood) The following was read into record: ORDINANCE NO. 15-S-02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). 4. Ordinance No. 15-T-03 – Consideration and/or action approving an Ordinance authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase One of the Master Communications Plan, Improvements to the City Network Infrastructure. (Final Reading) (B. James/M. Clauser) The following was read into record: ORDINANCE NO. 15-T-03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY 5. Council Liaison Appointment to the Audit Committee – Consideration and/or action appointing Councilmember Thompson to the Audit Committee as a result of Councilmember Duke’s resignation. (Mayor/Council) The following was read into record: Item 5 appoints Councilmember Thompson to the Audit Committee. 6. Resolution No. 15-R-04- Consideration and/or action approving a Resolution authorizing the expenditure of the FY 2013 State Homeland Security Program Grant. (J. Bierschwale/M. Hansen/J. Correu) The following was read into record: 1-13-2015 Minutes Page - 5 - RESOLUTION NO. 15-R-04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXPENDITURE OF THE FY 2013 STATE HOMELAND SECURITY PROGRAM GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve consent items 1 through 6. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. Discussion and Action Item 7. Resolution No. 15-R-05 – Consideration and/or action approving a Resolution authorizing the acceptance of the 2015 Bexar Metro 911 Grant. (J. Bierschwale/M. Hansen/J. Correu) The following was read into record: RESOLUTION NO. 15-R-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2015 BEXAR METRO 911 GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Lt. John Correu who introduced this item answering questions from Council. Lt. Correu stated the City is requesting authorization for the acceptance for the fiscal year 2015 Bexar Metro 911 grant through Bexar Metro 911 for the project titled: SCUCISD Point to Point in the amount of $5,381.25 (75%) with matching funds in the amount of $1,793.75. We were awarded this grant and are now requesting acceptance of it. Staff recommends approval. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Resolution No. 15-R-05. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. 8. Resolution No. 15-R-02 – Consideration and/or action approving a Resolution appointing and reappointing Directors of the Reinvestment Zone Number Two, City of Schertz, Texas. (B. James/B. James) The following was read into record: 1-13-2015 Minutes Page - 6 - RESOLUTION NO. 15-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating the terms of the City’s appointees to the Tax Increment Reinvestment Zone (TIRZ) Number Two have expired. Per Ordinance 06-T-61 that designated the Zone, the City shall appoint Six Directors to the Zone’s Board of Directors. Bexar County shall appoint two Directors, the San Antonio River Authority shall appoint one Director and the State Representative and State House Representative shall also each appoint one Director. Staff recommends that John Bierschwale, Bob Cantu, Michael Carpenter, Chris Price, and Gary Inmon be reappointed and that David Richmond be appointed to fill the spot of George Antuna. All will be appointed for two year terms, through December 31, 2016. Staff recommends approval of Resolution 15-R-02 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve Resolution No. 15-R-02. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. 9. Resolution No. 15-R-03 – Consideration and/or action approving a Resolution authorizing a Historical Grant for the Main Street Program. (B. James/B. James) The following was read into record: RESOLUTION NO. 15-R-03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item answering questions from Council. Mr. James stated that as has been previously presented to the City Council, city s taff has been working with the Schertz Historic Preservation Committee on an incentive program for the Main Street Area. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is 1-13-2015 Minutes Page - 7 - offering incentives that will serve to improve existing properties and businesses within this area. The idea is to provide matching funds up to $20,000 per property to go towards the cost of renovations. The aim of the program is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz’ historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. Staff recommends approval of Resolution 15-R-03 creating the Historic Incentive Program for the Main Street Area. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve Resolution No. 15-R-03. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. 11. Resolution No. 15-R-07 – Consideration and/or action approving a Resolution accepting a petition requesting the City of Schertz to enforce its traffic regulations within the Carolina Crossing South Subdivision and authorizing the City Manager to enter into an Agreement with the Carolina Crossing South Homeowners Association for the purpose of traffic control. (B. James/J. Bierschwale/M. Hansen) The following was read into record: RESOLUTION NO. 15-R- 07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CAROLINA CROSSING SOUTH HOMEOWNERS ASSOCIATION FOR THE PURPOSE OF TRAFFIC CONTROL, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Deputy City Manager John Bierschwale who introduced this item answering questions from Council. Mr. Bierschwale stated that the City has received a petition for patrol and enforcement for the gated community of Carolina Crossing South. The petition has been confirmed by the GIS Department that all signatures are homeowners within the gated community. The Police Department does patrol the gated communities; however, there are no agreements with any gated community to enforce State or City traffic control laws, which impacts the Police Departments ability to conduct full traffic enforcement. 1-13-2015 Minutes Page - 8 - Carolina Crossing South is the first gated community to request traffic control patrol and enforcement within the City. Carolina Crossing South Home Owners Association Board and Signed Petitioners have agreed to the terms as stated in the Petition. The Resolution accepts the petition and authorizes the City Manager to execute an agreement between the HOA and the City detailing the obligations of the HOA as to liability and payment for enforcement of the traffic regulations. A separate ordinance will be considered by City Council for extending the traffic regulations of the City into the private subdivision. No fiscal impact because the traffic control enforcement will occur during routine patrols. Speed limit signs will be installed at the expense of the Home Owners Association in accordance with the Texas Uniform Traffic Control Standards. The current Public Works Department estimate is $422.85 to the HOA. Staff recommends approval. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve Resolution No. 15-R-07. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Azzoz, and Thompson voting yes and no one voting no. Councilmember Edwards was absent. Motion passed. 12. Employee Compensation – Discussion and possible action regarding the City’s Employee Compensation Plan. (J. Kessel/Council) Mayor Carpenter recognized Councilmember Azzoz who stated since his motion/vote failed last week, where do we go from here? Mayor Carpenter replied that it was at the pleasure of council. Mr. Azzoz stated he had done some more math and his suggestion to distribute the budgeted funds to the bottom 40% of the employees would keep us within the budget. He also agrees we should wait for the compensation and classification study which will probably be completed in approximately six months and by then we will be close to going into another fiscal year. Then we could bring the other 60% of employees to that plateau. He really would like to see us do this for the city’s employees and this money would most likely stay within our local economy. He feels this will help cut down on employee turnover. Mayor, Council and City Manager John Kessel continued with discussions about why we should really wait for the compensation and classification study in order to assure a solid sense of fairness to address salary inequities such as below market pay and compression. Mayor Carpenter clarified that the $300,000 that was budgeted for 2014 did not include raises for Cost of Living Adjustments (COLA) or performance merit raises. Also, it was pointed out that the cost of the compensation and classification study was budgeted separately from the $300,000. Additionally, City Manager John Kessel confirmed that as of this week, a firm has finally been selected to begin the study soon and that the city will be paying them in four 25% increments; an initial payment, two others after completion of two different phases, and then the last payment upon completion. They expect to 1-13-2015 Minutes Page - 9 - have the final contract ready for council approval at the January 27, 2015 city council meeting. Councilmember Azzoz made a motion to authorize City Manager John Kessel to disburse the budgeted $300,000 where he deems appropriate to the bottom 35 or 40 percent of the lowest paid employees. Councilmember Azzoz stated all he wants to do is take the money we have budgeted already for this fiscal year and disburse it now. He said he believes Mr. Kessel has all the tools he needs to make this decision. We would just be spending what we already have. Mayor Carpenter responded by saying it was city management that came and said they needed a study to get it right. To do it best would be to have this tool (the study). He believes in previous meetings the council has said, we need the study done and we need money to implement that study and agreed to set aside those funds and have so far not wavered from that path. Mayor Carpenter asked for a second on Councilmember Azzoz’s motion. As there was not a second, the motion failed. Councilmembers Fowler, Azzoz and Thompson continued discussion on this subject providing their viewpoints and asked questions. Mayor Carpenter recognized Councilmember Fowler who made a motion that we take the effort to look again at how we can spend this $300,000 without jeopardizing our long range plans. Councilmember Azzoz seconded the motion. Before calling for a vote, Mayor Carpenter pointed out to Council that this motion is asking city staff to conduct an exercise that will be completed by the study we have already funded. He would hesitate to ask staff to do work we are about to pay an outside firm to do for the purpose of not taking staff time away from their regular duties. Councilmember Fowler stated he was mainly concerned about what the impact of spending this money will have on our long range plans while knowing that it may not be fair to all our employees. Mayor Carpenter called for the vote. The vote was 2-2-0, with Councilmembers Fowler and Azzoz voting Yes, and Mayor Pro-Tem John and Councilmember Thompson voting No. The vote was a tie vote. Mayor Carpenter stated that the money we are being charged as stewards of belong to the taxpayers. The primary duty of council is to the taxpayers. When we decide to spend their money it is our responsibility to get it right the first time; however, we don’t always succeed. An example is some building errors we made in the past that we are having to rectify now. We need to do this right the first time so it fits into our long term plans so we don’t spend money without all the information we need to do it correctly. 1-13-2015 Minutes Page - 10 - Mayor Carpenter subsequently voted no to break the tie vote. Final vote was 2-3-0, with Councilmembers Fowler and Azzoz voting yes, Mayor Pro-Tem John and Councilmember Thompson and Mayor Carpenter voting no. Councilmember Edwards was absent. Motion Failed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote information for agenda items 1 through 12. Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements. 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. No items requested. 16. 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 Councilmember Fowler who stated he attended the following: o January 12, 2015, Ribbon Cutting w/Color Clay Studio, 17327 IH 35 N Councilmember Fowler also stated he has been attending the past few Schertz Housing Authority meetings and he complimented Ms. Mynette Benedict for her efficiency in operating the local chapter of the organization. 1-13-2015 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Thompson who commended the city’s Public Works and IT Departments for the excellent way they have been taking care of the Schertz Chamber Offices. Mayor Carpenter stated the Northeast Partnership (NEP) meets once a month and they are planning a trip to Austin sometime in February where as a group (representing 9 cities) they will take their interests and concerns to the state legislature, in particular those things identified by TML as potential legislation that might drive mandates to municipalities but that are not funded by the state. If there is anything coming out of the House or Senate in the way of bills that are filed that you would like the NEP to address let him know. If you want to join them on the trip to Austin, let him know that also. Adjournment Meeting was adjourned at 7:53 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary 1-13-2015 Minutes Page - 12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2015 Department: Police Department Subject: Ordinance No. 15-T-05 - An Ordinance by the City Council of the City of Schertz authorizing a budget amendment to the Grant Fund 405 to establish additional revenues and expenditures in the FY 2014-15 Budget. First & Final BACKGROUND The City was awarded a grant for $65,564 from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface. The City is not required to match any funds. The application for this grant was originally approved by council on 10-29-2013. This ordinance is to amend the Fiscal Year 2014-15 budget in the Grant Fund 405. Goal The goal is to provide essential data management software that will allow the police department to improve the effectiveness of investigations by sharing information with other communities and public safety agencies, tracking of criminal incidents and trends to improve investigations and prevent large scale incidents. Community Benefit The community will benefit from having the police use specialized software that will allow for data sharing information on criminal incidents and trends to assist solving investigations and preventing crime. Summary of Recommended Action Approve Ordinance 15-T-05 on the first and final reading. FISCAL IMPACT Ordinance 15-T-05 will amend the FY 2014-15 Budget by an additional $65,564 in the Grant Fund 405 revenues and expenditures. The city is not required to match any funds. Revenues 405-000-491256 Grant Reimbursement Police $65,564 Expenditures 405-000-532400 Computer Fees & Licenses $65,564 RECOMMENDATION Approval of Ordinance 15-T-05 first and final. ATTACHMENT(S) Ordinance 15-T-05 ORDINANCE NO. 15-T-05 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO THE GRANT FUND 405 FOR THE AWARD FROM THE FY13 STATE HOMELAND SECURITY PROGRAM THROUGH THE TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, pursuant to Ordinance 14-T-42, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2014-2015 (the “Budget), which provides funding for the City’s operations throughout the 2014-2015 fiscal year; and WHEREAS, the City needs to adjust the Budget by an additional $65,564 to recognize a grant award from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface; and WHEREAS, City staff recommends that the City Council of the City amend the Budget and approve the grant from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA); and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the grant from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) in the Grant Fund 405, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $65,564 from the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) grant award to fund the purchase of software and licenses. 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, APPROVED and ADOPTED ON FIRST AND FINAL READING, the ____ day of _____________, 2015. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 20, 2015 Department: Mayor/Council Subject: Discussion and possible action regarding the City’s Employee Compensation Plan. BACKGROUND This item was discussed at the City Council meeting of December 2, 2014, December 9, 2014, December 16, 2014, January 6, 2015, and January 13, 2015. Council requested that this item be placed back on the agenda for discussion. FISCAL IMPACT None RECOMMENDATION City Council to discuss and act if appropriate.