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11-01-2016 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL NOVEMBER 1, 2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable AGENDA TUESDAY,NOVEMBER 1,2016AT 6:00P.M. Call to Order –City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) New Employee Recognitions: Facility Services: Events Attendants Charis Kempen and Blanca Ramirez. (D. Wait/J. Harshman/J. Villarreal) Proclamations Municipal Court Week Pancreatic Cancer Awareness Day City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. 11-01-2016 Council Agenda 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 upto speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered 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 of the Mayor or a Councilmember. Minutes 1.–Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 25, 2016. (J. Kessel/B. Dennis) Boards, Commission, Committee Appointments and Resignations – 2.Consideration and/or action ratifying the appointment of Mr. John Sullivan as a Regular Member to the Transportation Safety Advisory Commission. (Mayor/Council) Ordinance No. 16-T-36 3.–Consideration and/or action approving an Ordinance authorizing Final Reading a budget adjustment to fund street crossing improvements on Elbel Road. (D. Wait/D. Letbetter) Discussion and Action Items Resolution No. 16-R-84– 4.Consideration and/or action approving a Resolution authorizing expenditures not to exceed $86,000 with TAPCO, Inc., for Crosswalks and other related equipment for the street crossing improvement project on Elbel Road.(D. Wait/D. Letbetter) Resolution No. 16-R-83 5.-Consideration and/or action approving a Resolution authorizing the program and expenditures of the City of Schertz Economic Development Corporation as provided for in the Economic Development Incentive Agreement between the City of Schertz Economic Development Corporation and Advanced Stores Company, Incorporated. (J. Kessel/K. Kinateder) Roll Call Vote Confirmation Requests and Announcements 6.Announcements by City Manager Citizen Kudos Recognition of City employee actions 11-01-2016 City Council AgendaPage- 2 - New Departmental initiatives Future Agenda Item Request for City Council: 7.Thisis an opportunity for City Council members to request that items be placed on a future agenda.No discussion of the merits of the item may be taken at this time.Should a Council Member oppose placement of the requested itemon a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 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 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 th BULLETIN BOARDS ON THIS THE28DAYOFOCTOBER, 2016AT4:30P.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 BrendaDennis,CitySecretary 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 _______________, 2016. ____________________________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 authorizedby 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 therein may be legally 11-01-2016 City Council AgendaPage- 3 - discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General knownto 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 CarpenterCouncilmemberFowler –Place 1 Audit CommitteeInterview Committee for Boards and Commissions Interview Committee for Boards and CommissionsSchertz Housing Board Liaison Investment Advisory CommitteeRandolph Joint Land Use Study (JLUS) Executive TIRZ II BoardCommittee Schertz Seguin Local Government Corporation Councilmember Azzoz –Place 2CouncilmemberJohn –Place 3 Animal Control Advisory CommitteeLone Star Rail District Sweetheart Advisory Committee Mayor Pro-TemEdwards –Place 4CouncilmemberThompson–Place 5 Audit CommitteeAudit Committee Hal Baldwin Scholarship CommitteeInvestment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 11-01-2016 City Council AgendaPage- 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting:November l, 2016 Department:City Secretary Subject:Minutes BACKGROUND The City Council heldaRegular Meeting on October 25,2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approvethe minutesof theRegular Meeting ofOctober25,2016. ATTACHMENTS Regular Meeting of October 25, 2016. MINUTES REGULAR MEETING October 25, 2016 ARegular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 25, 2016, at 6:00p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4,Schertz, Texas. The following members present to-wit: Mayor Michael CarpenterMayor Pro-Tem Cedric Edwards Councilmember Jim FowlerCouncilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present:Executive Director Brian James Executive Director Dudley WaitAssistant to the City Manager Sarah Gonzalez City Attorney Charles ZechCity Secretary Brenda Dennis Call to Order –City Council Regular Session Mayor Carpentercalled the meeting to order at 6:00p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Fowler) Councilmember Fowlerprovided the opening prayer followed by the pledges of allegiance to the flags of the United States andthe State of Texas. Presentation Presentation regarding the Fire Prevention Poster Contest Winners. -(D. Wait/D. Covington) Mayor Carpenter recognized Fire Chief David Covington who provided the following information regarding the first Fire Prevention Poster Contest. He stated that they had over 80 entries from the surrounding schools and recognized the following individuals who narrowed it down to the top 10 finalists: City Manager John Kessel, Executive Director Dudley Wait, Superintendent SCUCISD Dr. Greg Gibson, Councilmember Robin Thompson, Fire Chief David Covington and Mayor Michael Carpenter who provided information on the Mayor’s Choice. Winners: K-4 stnd 1place –Deyton Boney (2grade –Rose Garden Elementary.) ndth 2Place –Deja Smith (4grade –Schertz Elementary) rdnd Tie for 3place –Daniella Anderson (2Grade –Rose Garden Elementary)and Brady th Morrison (4Grade –Sippel Elementary) thth 5-8grade stth 1place –Trace Furlong (5grade –Wilder intermediate) 10-25-2016 Minutes Page-1- Mayor’s Choice rd Samantha Swift (3grade-Cibolo Valley Elementary) Each student was recognized and awarded a trophy. Mayor and Council thanked all those that participated. Presentation regarding the Library Foundation Miniature Golf Event -. (B. James/M. Uhlhorn) MayorCarpenter recognized Library Director Melissa Uhlhornwho statedshe was here this evening to publically acknowledge members of the Library Foundation along with staff members who successfully held a fund raising event entitled T-Off, 18 Hole MiniatureGolf Coursein June at the Library. Members of the Foundation include: Ms. Gail Douglas, Ms. Sandy Keiser, Mr. JoLott, Mr. Jerry Mendenhall and Ms. Joyce Debuysere. The Foundation pledged $5,000 and met their goal;the money raised will be used for electronic resources for the Library. Ms. Uhlhorn presented Foundation members present with a certificate of appreciation and stated that since the event was successful they are planning another event next June. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) MayorCarpenterrecognized Assistant to the City Manager Sarah Gonzalezwho provided the following announcements: Thursday, October 27, University Health System Groundbreaking, 601 Runnels Ave, San Antonio at 10:00 a.m. Invitation by Commissioner Calvert, Judge Nelson Wolff, and Vice-Chair Bexar County Hospital District Board of Managers. Thursday, October 27 , Guadalupe Valley Family Violence Shelter &Regional Crime Victim Liaison, Candlelight Vigil honoring victims & survivors of domestic violence, Pickrell Park Small Pavilion, 6-7 p.m. For more info call 210-619-1250. Friday, October 28 , Coffee with The Chamber, 1730 Schertz Pkwy, 7:30-9:30 a.m. Coffee provided by Emily’s Place of Cibolo. Saturday, October 29 , Trunk or Treat and Movie in the Park -Event kickoff 5:00 PM. Movie at 7:30 PM Safe trick-or-treating, costume contest, spooky hay ride, pumpkin patch photos, Halloween maze and Movie in the Park featuring Hocus Pocus. Presented by Schertz Parks and Recreation. Contact Fire Marshal John Perry X 1313 for more information. Monday, October 31 , Halloween Festival –Schertz United MethodistChurch Parking Lot, 3460 Roy Richard Drive, 5-8 p.m. family friendlyHalloween celebration with games, prizes, food, candy give-a-ways. Tuesday, November 1 – City Council meeting 6:00 p.m. Thursday, November 3 – Sneak Peak event at the Natatorium5:00 p.m. to 7:00 p.m. 10-25-2016 Minutes Page-2- SAVE THE DATE: th Friday, November 4 , 6Annual Hal Baldwin Golf Tournament/Scholarship, Olympia Hills Golf & Event Center, 8 a.m.--Check-in, 10:00 a.m.--Shotgun start. Councilmembers interested in playing please contact the City Secretary’s Office. th Lastly, early voting has begun andcontinues through November 4, Election Day is th November 8. Information on early voting sites as well as Election Day sites can be found on the election banner on our website. Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who statedhe wanted to give a shout out to Permit Technician Debbie Krause who recently passed her Permit Technician Certification. He stated that this was an extensive test and congratulated her on the accomplishment. Mr. Kessel stated that today several of us were at the Playscape and we received a giant check.GVEC has a Power-up Grant Program where you can round up your electric bill and they use those funds from the rounding up portion to provide funding forvarious projects within the community. One of our recent employees,Assistant Parks Director Lauren Shrum and members of the Parks Department applied for that grant and they were granted $20,000 towards the start of a restroom facility for the families that use the Playscape. We are excited and this is a good start to a fairly expensive project. Mr. Kessel also announced that the City of Cibolo has announced their 2016 Holiday parade to be held on Saturday, December 10, 2016. Information will be available should you wish to participate or contact the City of Cibolo. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: Mrs. Maggie Titterington, The Chamber President who provided the following announcements: -Friday, October 28, Coffee with the Chamber –Coffee provided by Emily’s Place, Chamber Welcome Center 7:30 to 9:30 a.m. -Friday, November 11, The Chamber along with the MAC Committee and City of Schertz is sponsoring a Veterans Day Ceremony, Schertz Veterans Memorial Plaza at 9:00 a.m. -Saturday, November 12, 2016 Awards Banquet, no monthly November Chamber Luncheon. -Tuesday, December 6, 2016, last Luncheon for the year. At that meeting The Chamber will be revealing the Golf Classic funds that were raised. Additional comments, she has been working with the City of Schertz Executive Director BrianJames and Director of Planning and Development Services Lesa Wood and is excited as 10-25-2016 Minutes Page-3- they have things on the horizon as they are looking at the possibility of stripping Main Street to safely get cars parked during the holiday season.They are still working on getting Wicked Voodoo Coffeeat Arlan’s Market. Arlan’sMarket wants to create a drive through and a deli shop in conjunction. They are working with the City on this. Ms. Titterington publically thanked Mr. Gil Durant, Chief Building Inspector and Robin Thompson of The Chamber who assisted in helping with Wellmed securing gas testing requirements. The ribbon cutting for WellMed will be coming upin November. Consent AgendaItems The Consent Agenda is considered 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 of the Mayor or a Councilmember. Minutes 1.–Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 11, 2016. (J. Kessel/B. Dennis) Boards, Commission, Committee Appointments and Resignations – 2.Consideration and/or action ratifyingthe appointment of Ms. Cindy Vigil as an alternate member to the Library Advisory Board and ratify the resignation of Mr. Eric Haugen from the Parks & Recreation Advisory Board and Transportation Safety Advisory Commission. (Mayor/Council) Ordinance No. 16-S-34 3.–Consideration and/or action approving an Ordinance on a request to rezone approximately 8 acres of land generally located at the Northwest Corner of FM 1103 and Old Wiederstein, from Single Family Residential/ Agriculture, (R-A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres of land out of the Rafael Final Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. Reading (B. James/L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 16-S-34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIALZONING MAP BY REZONING APPROXIMATELY 8 ACRES OF LAND FROM SINGLE-FAMILY RESIDENTIAL /AGRICULTURAL DISTRICT, (R-A) TO NEIGHBORHOOD SERVICES DISTRICT (NS). MayorCarpenter recognized Mayor Pro-Tem Edwards who moved, seconded by The vote was Councilmember Thompson to approve consent agenda items 1-3as presented. unanimous with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items City of Schertz 2017 Master Calendar 4.–Consideration and/or action regarding the ) approval of the City of Schertz 2017 Master Calendar. (J. Kessel/S. Gonzalez 10-25-2016 Minutes Page-4- MayorCarpenter recognized Assistant to the City Manager Sarah Gonzalez who stated each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. This year, staff recommends to continue the “Council on the Go” meeting series, as it was a successful community outreach tool and well receivedby the public. We propose these stthth meetings to be held on the following dates: February 21, April 18and May 162017. Upon approval, staff will secure locations in different areas of the city and plan accordingly. During the year City Council attendsmultiple retreats which are notated on the Calendar: rdth Strategic Planning Retreat –3Friday in January (January 20) thth Pre-Budget Retreat –4Friday in March (March 24) thth Budget Retreat–4Friday in July (July 28) stst Teambuilding Retreat –1Friday in December (December 1) Additionally, the proposed schedule for the Council Orientation dates are listed at the bottom of the page and will begin at the November 21, 2016 meeting. All above changes are reflected on the 2017 Master Calendar. Staff recommends Council approval of the Master Calendar with the following considerations: Cancel the January 3, 2017 Council Meeting due to New Year’s Holiday th Cancel the July 4, 2017 Council Meeting due to 4of July Holiday Cancel the October 3, 2017 Council Meeting due to Texas National Night Out Cancel the November 7, 2017 Council Meeting due to Election Day Cancel the December 26, 2017 Council Meeting due to December Holidays Schedule a November 20, 2017 Council Meeting to canvass election results and swear-in new Councilmembers Schedule a December 19, 2017 Council Meeting due to December Holidays MayorCarpenter recognized Mayor Pro-Tem Edwardswho moved, seconded by The vote was Councilmember Azzozto approvethe City of Schertz2017Master Calendar. unanimous with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Resolution No. 16-R-81– 5.Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with A.U.C. Group LP for the Lease of a Pre- packaged Sewer Treatment Plant to expand waste water capacity at the Woman Hollering Treatment Plant. (D. Wait) The following was read into record: RESOLUTION NO. 16-R-81 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH 10-25-2016 Minutes Page-5- A.U.C. GROUP LP FOR THE LEASE OF A PRE-PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who statedin 2006 when the Sedona Subdivision was established off of Lower Seguin Road, the City entered into an agreement to provide a temporary waste water treatment plant located near Woman Hollering Creek until a permanent waste water plant could be constructed. As Sedona transitioned to CrossVine the City maintained this commitment including agreeing to expand this temporary plant as necessary to provide treatment capacity as the development expanded. The current pre-packaged treatment plant (train) has a regulated treatment capacity of 46,000 gallons a day. Current waste water flows surpassed 75% of this capacity in June, 2016 and TCEQ regulations require that a plan to expand the treatment capacity be developed. The plan is to place a second train with an additional 46,000 gallons a day capacity to increase the total treatment capacity for CrossVine at 92,000 gallons. Since June, the waste water flows have continued to increase and it is anticipated that the flows will surpass the current train’s treatment capacity in early 2017. Cibolo Creek Municipal Authority (CCMA) currently operatesthis plant for the City. CCMA has worked to locate a second train that can be leased by the City. This train is currently available and work to prepare the site and install the second train will begin immediately once the proposed lease is approved and signed. With the current and planned continued development in CrossVine, it is anticipated that we will need to provide further expansion to this temporary treatment plant before the new permanent waste water treatment plant is constructed and operationaloff of Trainer Hale Road.The fiscal impact will be a total two year cost of $511,700. This includes design, engineering, site preparation and the actual lease cost of the second train ($10,400 per month) plus a $60,000 setup fee. These funds will be paid from the sewer fund. Staff recommends approval.Mr. Wait addressed comments and questions from Council. MayorCarpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- The vote was unanimous with Mayor Tem Edwardsto approveResolution No. 16-R-81. Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Resolution No. 16-R-78 6.–Consideration and approval of a Resolution approving a Bond Resolution previously adopted by the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of bonds designated as “Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water Development Board Swirft Project Financing)”; acknowledging that these obligations were sold to the Texas Water Development Board pursuant to a financing agreement; ratifying, reconfirming, and readopting the provisions of a Regional Water Supply contract executed between the City of Schertz, Texas, the City of Seguin, Texas, and the Schertz/Seguin Local Government Corporation; authorizing the Mayor, the City Manager, and the City Secretary of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all 10-25-2016 Minutes Page-6- documents in connection with this transaction; and other matters in connection therewith (D. Wait/J. Walters/M. McLiney/A. Friedman) The following was read into record: RESOLUTION NO. 16-R-78 APPROVING A BOND RESOLUTION PREVIOUSLY ADOPTED BY THE BOARD OF DIRECTORS OFTHE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF BONDS DESIGNATED AS “SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE BONDS, NEW SERIES 2016 (TEXAS WATER DEVELOPMENT BOARD SWIRFT PROJECT FINANCING)”; ACKNOWLEDGING THAT THESE OBLIGATIONS WERE SOLD TO THE TEXAS WATER DEVELOPMENT BOARD PURSUANT TO A FINANCING AGREEMENT; RATIFYING, RECONFIRMING, AND READOPTING THE PROVISIONS OF A REGIONAL WATER SUPPLY CONTRACT EXECUTED BETWEEN THE CITY OF SCHERTZ, TEXAS, THE CITY OF SEGUIN, TEXAS, AND THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION; AUTHORIZING THE MAYOR, THE CITY MANAGER, AND THE CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF SCHERTZ, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH he Schertz Seguin Mayor Carpenter recognized Executive Director Dudley Waitwho statedt Local Government Corporation (SSLGC) was founded in 1999 as a non-profit water supply corporation by the cities of Schertz and Seguin. This partnership has successfully delivered high quality drinking water to both cities since 2003. During this time, as the City of Schertz has grown and SSLGC has contracted with other communities for both drinking water as well as transporting other entities drinking water, it has become obvious that time for expansion has arrived. For the last five years, the SSLGC has been planning and beginning development on two projects. The first is a second well field located in Guadalupe County, just over the border nd from our Gonzalez well fields. This 2field will eventually deliver an additional 5-6,000 acre feet of drinking water which will become necessary for Schertz to continue to provide adequate levels of drinking water to its citizens. Additionally, in 2011, SSLGC entered into an agreement to treat and transport 12,000 acre feet of water for the San Antonio Water System (SAWS). The SAWS water, from their own well field, currently takes up approximately 50% of the pipeline capacity inthe 36” pipeline that runs from the south of Seguin to Schertz. Transporting this water has had a significant financial value to both Cities over the last 5 years, but Schertz is beginning to struggle with enough pipeline capacity to move adequate water to Schertz during the high peak summer nd project that SSLGC is preparing to undertake is the building and months. As a result, the 2 installation of a second pipeline to be a minimum diameter of 36” as well. 10-25-2016 Minutes Page-7- This second pipeline will insure that we haveadequate pipeline capacity to meet our future water needs through SSLGC and CVLGC and will allow us to sell excess water to other communities for many years to come. On August 30, 2016, the City Council approved an interlocal agreement between the Cityof Schertz and the City of Seguin that outlined the cost allocation agreement between both cities for the repayment of funding obtained from the Texas Water Development Board. In addition, the City Council authorized the SSLGC Board of Directors to obtain funding through the SWIRFT program for the Guadalupe Project and Parallel Pipeline Project in the total amount of $66,500,000 comprised of both a Low Interest Loan in the amount of $43,670,000.00 and a TWDB Participation loan in the amount of $22,830,000.00. In addition, the City Council approved a resolution in support of SSLGC moving forward with their application for funding from the State. At this time, the funding has been approved by the Texas Water Development Board and the attached Resolutions and associated documents authorize the sale of the bonds necessary through the Texas Water Development Board. The SSLGC Board took action on approving these funding agreements on October 20, 2016. The City of Seguin is slated to obtain City Council approval on November 1, 2016. The City of Schertz is a member of the SSLGC. It is through the SSLGC that the City provides water to its citizens. Approval of this funding application will ensure the future water needs of the city are met. This actionwill have a fiscal impact on the City of Schertz by increasing wholesale water rates. These rate increases are necessary to continue to provide water that is needed in the future. Mr. Wait recognized Financial Advisory Mark McLiney, SAMCO Capital Markets, Inc., who came forward providing information on the final interest rates regarding the $43,670,000 Contract Revenue Bonds, New Series 2016 (Texas Water Development Board SWIRFT Project Financing and the $22,830,000 Texas Water Development Corporation Board Participation Program 2016 answering questions from Council. Staff recommends approval. Mayor Carpenter stated that a few weeks prior,this project would not have been possible without the hard work of our Executive Director Dudley Wait and members of the Executive Staff who met with the City of Seguin to finalize and secure this project. MayorCarpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro- Tem Edwards that the City Council approveResolution No. 16-R-78 approving a Bond Resolution previously adopted by the Board of Directors of the Schertz/Seguin Local Government Corporation authorizing the issuance of Bonds designated as “Schertz/Seguin Local Government Corporation Contract Revenue Bonds, New Series 2016 (Texas Water The vote was unanimous with Mayor Pro- Development Board SWIRFT project financing. Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10-25-2016 Minutes Page-8- Resolution No. 16-R-79 7.–Consideration and/or action approving a Resolution authorizing a grant application to FEMA for Assistance to Firefighters Grant to fund Fire equipment. (D. Wait/D. Covington/K. Long) The following was read into record: RESOLUTION NO. 16-R-79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A GRANT APPLICATION TO FEMA FOR ASSISTANCE TO FIREFIGHTERS GRANT TO FUND FIRE EQUIPMENT Mayor Carpenter recognized Fire Chief David Covington who statedSchertz Fire Rescue seeks to use Assistance to Firefighters Grant funds to purchase Wildland personal protective equipment (PPE).The Fire Department responds to wildland and grass fires on Interstate 35, Interstate 10, highways 3009, 1516, 2252, 78, and 482, as well as other undeveloped land across the City of Schertz. In addition, SFR participates in numerous mutual aid agreements including regional and statewide responses. Proper personal protective equipment protects firefighters during wildland and grass fire operations. If awarded this grant, SFR personnel will be placed in PPE that provides not only a higher level of wildland protection but also allows for a cooler option than Rescue PPE gear. Equipment is expected to cost $20,475.00, of which $18,427.50 will be federal funds and $2,047.50 will be City funds. The City’s funds will be paid from the Fire Department’s operating budget.Staff recommends approval. MayorCarpenter recognized Mayor Pro-Tem Edwardswho moved, seconded by The vote was unanimous Councilmember Thompson to approveResolution No. 16-R-79. with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Resolution No. 16-R-80 8.–Consideration and/or action approving a Resolution authorizing expenditures in excess of $50,000, as approved in the FY 2016-17 budget, for the City’s Vehicle Replacement Program, and Communication Equipment. (D. Wait/J. Kurz) The following was read into record: RESOLUTION NO. 16-R-80 ARESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF$50,000, AS APPROVEDIN THE 2016-2017 FISCAL YEAR BUDGET, FOR THE CITY’S VEHICLE REPLACEMENT PROGRAM, AND COMMUNICATION EQUIPMENT ANDOTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Human Resources Director Jessica Kurzwho statedthe City has taken a comprehensive approach in developing a cost-effective fleet replacement program. Best practice fleet operations have been integrated into the existing program and the City has developed systematic policies and procedures for determining whena vehicle requires 10-25-2016 Minutes Page-9- replacement. In support of this program, Council approved a funding mechanism that was authorized in the FY 2016-17 budget for the City’s Vehicle Replacement Program. The City has historically purchased vehicles from vendors belonging to purchasing cooperatives. This has allowed the City to procure vehicles through best-value and capitalize on volume discounts. For FY 2016-17, The City anticipates the purchase and outfitting of the following vehicles from Caldwell Country Chevrolet and Silsbee Ford. DepartmentVehicleBudgeted AmountVendor Police Department-OperationsSUV (7)$290,000Silsbee Ford Police Department-CVLCar (1)$24,000Silsbee Ford Fire DepartmentTruck (1)$30,000CaldwellCountry Chevrolet EMS DepartmentSUV (1)$34,000Caldwell Country Chevrolet Animal ServicesTruck (1)$38,000Silsbee Ford StreetsTruck (1)$38,000Silsbee Ford Facility ServicesTruck (1)$34,000Silsbee Ford The City’s practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. Though exact amounts for each vehicle are not yet known, it will not exceed the budgeted amount. Thus, staff is requesting approval to spend up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City’s Vehicle Replacement Program in FY 2016-17. In other related purchases, Police, Fire and EMS will be purchasing emergency telecommunication equipment from Motorola and request approval to spend up to $85,000 in FY 2016-17. A proactive fleet replacement programs provides for long-term planning and prudent fiscal stewardship. Purchasing cooperatives assist local governments in reducing costs through volume purchasing. Additionally, City resources are conserved and purchasing efficiencies are maximized through use of a streamlined procurement process. Staff recommends that Council authorize expenditures up to $64,000 with Caldwell Country Chevrolet and up to $424,000 with Silsbee Ford, as part of the City’s Vehicle Replacement Program in FY 2016-17, and up to $85,000 with Motorola for related equipment purchases. MayorCarpenter recognized Mayor Pro-Tem Edwards who moved, seconded by The vote was unanimous Councilmember Thompsonto approveResolution No. 16-R-80. with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Ordinance No. 16-D-35 9.–Consideration and/or action approving an Ordinance amending the City Code of Ordinances by revising Section 86-118 maximum limits in School Zones, establishing a school zone for the Founders Classical Academy, providing an effective date First and Final Reading and declaring an emergency. (B. James/K. Woodlee/C. Palomo) The following was read into record: 10-25-2016 Minutes Page-10- ORDINANCE NO. 16-D-35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CITY CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86-118, MAXIMUM LIMITS IN SCHOOL ZONES, AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY Mayor Carpenter recognized Executive Director Brian James who statedthe Texas Department of Transportation (TxDOT) has requested that a school zone be established on FM 1518 for the Founders Classical Academy of Schertz. Currently, a school zone does not exist for the Academy. It is recommended to protect school children and drivers during hours of heavy traffic associated with FM 1518 and the Founders Classical Academy. The school zone is recommended to have a reduced speed limit of 35 miles per hour and to extend 400 feet on either side of the entrance of the School (Exhibit A).The Transportation Safety Advisory Committee (TSAC) recommended approval of this at their October 6, 2016 meeting.Staff recommends approval. MayorCarpenter recognized Councilmember Azzoz who moved, seconded by The vote Councilmember Fowlerto approveOrdinance No. 16-D-35, first and final reading. was unanimous with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Ordinance No. 16-T-36 10.–Consideration and/or action approving an Ordinance authorizing First Reading a budget adjustment to fund street crossing improvements on Elbel Road. (D. Wait/D. Letbetter) The following was read into record: ORDINANCE NO. 16-T-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND STREET CROSSING IMPROVEMENTS ON ELBEL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Public Works Manager Doug Letbetter who statedthis project will provide improvements to crosswalks onElbel Road to stop traffic when pedestrians desire to cross the street. And, unlike our current system in place, this will provide direction to the pedestrians. This will insure that traffic has been signaled to stop before clearing pedestrians to walk and to provide time between walk signals to allow traffic to flow better during heaving pedestrian traffic periods. These signals will be installed at Elbel and Westchester Roads, replace the current system, and at the Elbel Road and tennis courts crossing near the Post Office. Both of these crosswalks are used throughout the school year and around the entire year as folks traverse this recreation corridor in our community. 10-25-2016 Minutes Page-11- Funds for the street crossing improvements on Elbel Rd. and sidewalk/ADA ramps will be paid from Child Safety Fund Account which had a balance of $182,567 at the beginning of FY2015-16. Each year this account grows as the city collects more in child safety fees than it can expend in any one year. Anticipated balance after the FY 2015-16 contribution and the project expenditures would be $139,436. This is an acceptable expense under article 102.014 (g) of the Code of Criminal Procedure. Staff recommends approval. MayorCarpenter recognized Mayor Pro-Tem Edwardswho moved, seconded by The vote was Councilmember Thompsonto approveOrdinance No. 16-T-36, first reading. unanimous with Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Resolution No. 16-R-82 11.–Considerationand/or action approving a Resolution authorizing a Subdivision Improvement Agreement with Comal Independent School District. (B. James) The following was read into record: RESOLUTION NO. 16-R-82 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT WITH COMAL INDEPENDENT SCHOOL DISTRICT TO ALLOW THE FILING OF THE FINAL PLAT FOR MIDDLE SCHOOL #6 PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Brian James who stated this is an example where an agreement with a developer has been granted to allow plats to be filed allowing the developer to construct the public improvements at the same time that they areconstructing the building. They are currently experiencing a great deal of growth in the Comal area and anticipate pulling in over 1,000 additional students each year. Given the way they have to bond facilities for schools, they often experience a very short time frame to begin construction. In order to open in the Fall of 2018, they need to start construction now. Staff has been working diligently with the school district to keep the permit process flowing forward. The issue here is, normally to start pulling a building permit you have to file a plat. To file the plat you have to have constructed the public improvements (water, sewage, drainage, streets) to serve it. Because they are on such a short time frame, this has not been done yet. In fact, they arestill working on designing the public improvements. They are asking Council to grant a waiver to allow the plats to be filed without the public improvements in. Then the P&Z Commission can approve it as well. A number of factors have created challenges for the applicant in submitting civil drawings. First, the property is not located within the City’s Certificate of Convenience and Necessity (CCN) for water service. Rather, the CCN is held by the Green Valley Special Utility District. Comal ISD has requested that Green Valley release the property to allow Schertz to serve it. While Green Valley has indicated a willingness to release the property from their CCN,that has not yet occurred. Comal ISD understands that if the release does not occur they will have to provide adequate water flows and pressures to serve the property. With regard to sewer, Comal ISD needs to acquire an offsite sewer easement to bring sewer to the property. Lastly, 10-25-2016 Minutes Page-12- Comal ISD’s engineer is in process of submitting a traffic impact analysis (TIA) as part of working with staff and TxDOT to determine the extent of street improvements. At this point staff is asking for approval of the subdivision approval agreement, which is non- standard. Tomorrow night it will go to P&Z for approval. This will allow our staff to issue a foundation-only permit next week which is what they need to get going on that foundation to move it forward. Since this is noncombustible construction, they would even be allowed to go beyond that until they get the water in. Mr. James addressed comments and questions from council and stated they would continue to provide updates to council quarterly. MayorCarpenter recognized Councilmember Thompson who moved, seconded by The vote was unanimous with Councilmember Fowler to approveResolution No.16-R-82. Mayor Pro-Tem Edwards,Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognizedCity Secretary Brenda Denniswho provided the roll call votes for agenda items 1-11. Requests and Announcements 12.Announcements by City Manager Citizen Kudos Recognition of City employee actions New Departmental initiatives No further announcementswere provided. Future Agenda Item Requestfor City Council: 13.This is an opportunity for City Council members to request that items be placed on a future agenda.No discussion of the merits of the item may be taken at this time.Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Azzoz who stated he had received a call from a senior complaining about the trains and the horns at all hoursalong the track and FM 3009. He wanted to know if we could have an item on an upcoming agenda to address this issue. Mayor Carpenter concurred stating that staff had provided information in the past regarding the possibility of installing quiet zones and the cost and would alsobelike an update. 14.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 10-25-2016 Minutes Page-13- Recognition of actions by City employees Recognition of actions by community volunteers Mayor Carpenter recognized CouncilmemberFowler who stated he attended the Parks and Recreation meeting and was pleased to know that they are working on rules for naming future parks. Councilmember Fowler also provided information on the recent success of the Love Where You Live project at Mobil Villa Estates. He stated that in December he is hoping to recognize all those volunteers involved in the projects that have been accomplished. Mayor Carpenter recognized Councilmember Azzoz who thanked Mr. Fowler for everything he and his volunteer group havedone for the citizens. Mayor Carpenter recognized Councilmember Thompson who stated he wanted to commend Acting Finance Director James Walters who does an excellent job with a subject that can be less than interesting sometimes. He also wanted to thank the street crews regarding the work they have done with the yellow flashing lights on Schertz Parkway. Traffic flow is much smoother now. Mayor Carpenter stated that City Manager John Kessel said that is largely due to Public Works Manager Doug Letbetter. Executive Session Mayor Carpenter recessed the regular meeting at7:31p.m. into executive session under the following section: 15.City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospects. Project E-025 Project E-026 Reconvene into Regular Session Mayor Carpenter reconvened back into the regular sessionat 8:07 p.m. 15a.Take any necessary action based on discussions held in closed session under Agenda Item number 15. No action was taken. Adjournment Mayor Carpenteradjourned the meeting at 8:08p.m. 10-25-2016 Minutes Page-14- ________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary 10-25-2016 Minutes Page-15- Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting:November 1, 2016 Department:City Secretary Subject:Boards, Commissions and Committee Member Appointments/resignations BACKGROUND With the recent resignation of Mr. Eric Haugenfrom the Transportation Safety Advisory Commission, we reached out to the Chair Mr. Stephen Bish requesting that he contactAlternate Member John Sullivan of his interest to serve as a regular member.Mr. Sullivan indicated that he was willing to serve as a regular member. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the appointment of Mr. John Sullivan as a Regular Member to the Transportation Safety Advisory Commission. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting:November 1, 2016 Department:Streets/Finance Subject:OrdinanceNo. 16-T-36 –An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to fund street crossing improvements on Elbel Road(Final Reading) BACKGROUND This project will provide improvements to crosswalks on Elbel Road to stop traffic when pedestrians desire to cross the street. And, unlike our current system in place, this will provide direction to the pedestrians. This will insurethat traffic has been signaled to stop before clearing pedestrians to walk and to provide time between walk signals to allow traffic to flow better during heavingpedestriantraffic periods. These signals will be installed at Elbel and Westchester Roads, replace the current system, and at the Elbel Road and tennis courts crossingnear the Post Office. Both of these crosswalks are used throughout the school year and around the entire year as folks traverse this recreation corridor in our community. City Council approved this on first reading at their meeting of October 25, 2016. FISCAL IMPACT Funds for the street crossing improvements on Elbel Rd. andsidewalk/ADAramps will be paid from Child Safety FundAccountwhich had a balance of $182,567 at the beginning of FY2015- 16. Each year this account grows as the city collects more in child safety fees than it can expend in any one year. Anticipated balance after the FY 2015-16 contribution and the project expenditures would be $139,436. This is an acceptable expense under article 102.014 (g) of the Code of Criminal Procedure. RECOMMENDATION Staff recommends that the City Council approve the final reading ofOrdinance No. 16-T-36, approving the budget adjustment to extend the sidewalk and make improvements to the street crossings on Elbel Road. ATTACHMENT Ordinance16-T-36 ORDINANCE NO. 16-T-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ABUDGET ADJUSTMENT TO FUND STREET CROSSING IMPROVEMENTS ON ELBEL ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;ANDPROVIDING AN EFFECTIVE DATE City WHEREAS, pursuant to Ordinance 16-T-29,the City of Schertz (the “”) adopted the Budget budget for the City for thefiscalyear 2016-2017(the “), which provides funding for the City’s operations throughout the 2016-2017fiscal year;and WHEREAS, the City needs to increasethe Budget to authorize expenditures of$85,631 for new school crossing lights and ADA ramps in front of the GVEC substation and modifying the crossing lights on Elbel Rd. and Westchester Dr.; and WHEREAS, the City needstoincrease revenue to recognize a transfer from the Child Safety Fund of$85,631; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the additional revenue and expenseforthe street crossing improvements; and WHEREAS, the City Council of the City has determined that it is in the best interestof the City to adjust the Budget for the street crossing improvement, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget by $85,631for thestreet crossing improvements on Elbel Road. Section 2. The City shall recognize the additional$85,631in revenue from a transfer from the Child Safety Fund. 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 Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinancesand 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 5. This Ordinance 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 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 suchinvalid provision. Section 7. 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 8.This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRSTREADING, the 25thday ofOctober2016. PASSED, APPROVED and ADOPTED ON SECOND READING, the 1stday of November2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting:November 1, 2016 Department:Streets Subject:Resolution 16-R-84 –An Resolutionby the City Council of the City of Schertz, Texas authorizing expenditures not to exceed $86,000with TAPCO, Inc.for lighted crosswalk improvements, street sign maintenance and other related equipment for plannedstreet improvementprojects BACKGROUND At the City Council meeting on Tuesday, October 25, 2016 City Council was briefed on a budget adjustment to purchase necessary equipment to improve two crosswalks on Elbel Road. This project will provide safety and lighting improvements fortwo crosswalks on Elbel Road.The improved signals willstop traffic when pedestrians desire to cross the street, andunlike our current system in place,will provide direction to the pedestrians. This will insurethat traffic is signaled to stop before signalingpedestrians to walk.This system will alsoprovide time between walk signals to allow traffic to flow better during heavingpedestriantraffic periods. These signals will be installed at Elbel and Westchester Roads, replacingthe current lighted crosswalk system, and at the Elbel Road and tennis courts crossingnear the Post Office. Both of these crosswalks are used throughout the year both during schooland as pedestrianstraverse this recreation corridor in our community. The crosswalks and other related equipment will be purchased from TAPCO, Inc., a Texas SmartBuy cooperative vendor. In accordance with TexasGovernment Code§§ 791.001, participation in cooperative purchasing allows the City to enjoyefficienciesand cost savings, while complying with State bidding requirements. The City’s practice is to seek authorization from Council when expenditures with avendor exceed $50,000 in one fiscal year.Total equipment cost for the crosswalkproject will not exceed $81,000. Additionally, the City’s Streets Department will also have a need to purchase overhead sign clamps from TAPCO, Inc. These clamps are necessary to install and maintain City signage along F.M. 3009 and F.M. 78. The cost of these clamps will not exceed $5,000. COMMUNITY BENEFIT To provide the best value to residents for crosswalks and other related equipment for the street improvements. This project will also greatly enhance public safety for pedestrians. FISCAL IMPACT Funds for the street crossing improvements on Elbel Rdwere approved with Ordinance 16-T-36, and will be paid from the Child Safety FundAccount.This is an acceptable expense under article 102.014 (g) of the Code of Criminal Procedure. The dollars for the overhead sign clamps were an approved budgeted expense in the Fiscal Year 2017 budget. RECOMMENDATION Staff recommends that the City Council approve Resolution 16-R-84,authorizing expenditures not to exceed $86,000with TAPCO, Inc.for lighted crosswalks, overhead sign clampsand other related equipment. ATTACHMENT Resolution No. 16-R-84 RESOLUTION NO. 16-R-84 ARESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES NOT TO EXCEED $86,000WITH TAPCO, INC.FOR CROSSWALKSAND OTHER RELATED EQUIPMENTFOR THE STREET IMPROVEMENTS PROJECT ON ELBEL ROADAND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Cityof Schertz(the “City”)has identified a need forstreet crossing improvements for two crosswalks onElbel Road, and funds are available and appropriated for such projects in the Child Safety Fund Account; and WHEREAS, the City’s Street Department has a need to buy overhead sign clamps for general maintenance along roadways throughout the City; and WHEREAS, City staff has determined that TAPCO, Inc.,a Texas SmartBuy cooperative vendor, will provide the best-value to the City for the crosswalksand other related equipment; and WHEREAS, City resources are conserved and purchasing efficiencies are maximized through the use of cooperative programs whichsatisfythe Texas state law requirement of local governments to seek competitive procurement for the purchase of goods or servicesover $50,000. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes expenditures up to $86,000with TAPCO, Inc.in FY 16-17 for crosswalks and other related equipment required for the street crossing improvement project on Elbel Road. 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 Chapter551, 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. st PASSED AND ADOPTED, this1day of November, 2016 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, CitySecretary (CITY SEAL) -2- Agenda No.5 MEMORANDUM City Council Meeting:November 1, 2016 Department: Economic Development Subject: Resolution No. 16-R-83 Authorizing programs and expenditures to fund anEconomic Development Incentive Agreement with Advance Stores Company, Incorporated. BACKGROUND Advance Stores Company, Incorporated (“ASC”) is a subsidiary of Advance Auto Parts, Inc. Advance Auto Parts is a national automotive parts company and member of the U.S. Fortune 500. As of January 2, 2016,the company operated a total of 5,171 stores and 122 branches; and served approximately 1,300 independently-owned stores in the United States, Canada, Puerto Rico, and the U.S. Virgin Islands and employs approximately 74,000 people. ASC plans to operate a warehouse and distribution center at 9850 Doerr Lane in Schertz, Comal County, Texas. The Schertz facility will serve as a key Texas distribution hub and will deploy products throughout its vast retail network. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT As part of an Economic Development Incentive Agreement withthe City of Schertz Economic Development Corporation (SEDC), ASC must employ a minimum of 100 full- time employees with benefits, create a minimum annual payroll of $2,486,000, and maintain a minimum of $32,276,670 in taxable real and personal property. In exchange the SEDC will provide a $150,000 grant upon commencing operations in Schertz. Starting in 2019, the SEDC will also provide atotal of six-year real and personal property tax rebate grant of 65% for three years followed by 50% for an additional 3 years. FISCAL IMPACT The Economic Development Incentive Agreement and associated grants will be paid by the SEDC. It isanticipated that the $150,000 grant will be paid during the 2018calendar year and the six-year real and personal property tax annual grants will begin in 2019. The City of Schertz will realize all real and personal property tax proceeds associated with the project and will be made available for the City’s General Fund. STAFF RECOMMENDATION Staff recommends that the City Council authorize the expenditures as listed in the Agreement. SEDC BOARD RECOMMENDATION The SEDC Board of Directors met on October 27, 2016at their regular board meeting to consider, discuss and act on the Economic Development Incentive Agreement with Advance Stores Company, Incorporated, amotion was made by Mr. Richard. Seconded by Ms. Chainto recommend approval of the program and expenditures by City Council and to authorize the Board President to execute the agreement after Council’s authorization.The motion passed unanimously. ATTACHMENT(S) Resolution No. 16-R-83 Economic Development Incentive Agreement (Advance Stores Company, Incorporated) RESOLUTION NO. 16-R-83 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITURES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEENTHE CITY OF SCHERTZ TEXASECONOMIC DEVELOPMENT CORPORATIONAND ADVANCED STORES COMPANY, INCORPORATED;AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Development Corporation Act of 1979, as amended (Section 501.001 et seq, Texas Local Government Code, formerly the Development Corporation Act of 1979) (the “Act”) authorizes a development corporation to fund certain projects as defined by the Act and requires development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditures on behalf of a business enterprise under a project; and WHEREAS, Section 501.158 of the Act requires an incentiveagreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by the corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, the City of Schertz Economic Development Corporation (“SEDC”) Board approved the Economic Development Incentive AgreementAdvance Stores Company, Incorporated.set forth on Exhibit Aattached hereto and incorporated herein (the “Agreement”) betweenthe SEDC, and Advance Stores Company,Incorporated(the “Company”), pursuant to the Act, at the SEDC’s Board meeting on October 27, 2016; and WHEREAS, Section 501.073 of the Act requires that the corporation’s authorizing unit to approve all programs and expenditures of a corporation; and WHEREAS, the SEDC has recommended that the City authorize the program and expenditures associated therewith; and NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1.The City Council herebyauthorizesthe program and expenditures as provided for inthe Economic Development Incentive Agreement with Advance Stores Company,Incorporatedasset forth inExhibit 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 Texasand 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 Chapter551, 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. ST PASSED AND ADOPTED, this1day ofNovember, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A ECONOMIC DEVELOPMENTINCENTIVEAGREEMENT Advance Stores Company, Incorporated.