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02-13-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL February 13, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Davis) Presentation • Proclamation recognizing President George Washington Day. (M. Carpenter /T. Jones) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) 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 02 -13 -2018 Council Agenda officer, during the Dearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Update on the status of Fire Station #3. (D. Wait /K. Long) • Update regarding Crime Statistics. (D. Wait /M. Hanson /M. Bane) 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 Couneilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of February 6, 2018. (B. James /B. Dennis) 2. Ordinance No. 18 -M -06 — Consideration and/or action approving an Ordinance amending the City Council Code of Ethics; Section 2 Confidentiality of Information Shared in closed session. Final Reading (Mayor /Council) 3. Ordinance No. 18 -T -05 — Consideration and /or action approving an Ordinance of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017 -2018 Budget. Final Reading (B. James /J. Walters) Discussion and Action Items 4. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of January 23, 2018. (B. James //B. Dennis) 5. Resolution No. 18 -R -09 — Consideration and /or action approving a Resolution authorizing a professional services agreement with Lockwood, Andrews and Newnam Inc., relating to engineering design services for the City -Wide Rip Rap /underground drainage projects. (D. Wait /D. Letbetter) 6. Resolution No. 18 -R -12 — Consideration and/or action approving a Resolution authorizing a contract to J3 Construction for the Dietz Creek Concrete Rip Rap Project. (D. Wait /D. Letbetter) 7. Resolution No. 18 -R -13 — Consideration and/or action approving a Resolution authorizing expenditures over $50,000 with Hydro -Pro Solutions. (D. Wait /J. Hooks) 8. Resolution No. 18 -R -14 - Consideration and /or action approving a Resolution authorizing a Parkland Improvement Agreement with Triple H Development LLC, related to public parkland dedication and improvements for Hallies Cove Subdivision. (B. James /L. Wood/B. Cox) 9. Resolution No. 18 -R -15 — Consideration and/or action approving a Resolution adopting the 2018 City of Sehertz Strategic Plan. (S. Gonzalez) 02 -13 -2018 City Council Agenda Page - 2 - 10. Ordinance No. 18 -M -09 — Consideration and /or action approving an Ordinance amending and updating the City Council Rules of Conduct and Procedure. First Reading (M. Carpenter /Council) 11. Resolution No. 18 -R -16 — Consideration and /or action approving a Resolution authorizing an additional $6,896.1.0 from the Police Department Federal Forfeiture Funds to complete the purchase and construction of an Emergency Response Vehicle and associated equipment. (D. Wait /M. Hanson /M. Bane) 1.2. Resolution No. 18 -R -17 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to extend the contract of Jackson A &E Associates, Inc., our current owner's representative for facility construction. (D. Wait/D. Wait) 13. Ordinance No. 17 -S -50 — Conduct a Public Hearing and consideration and /or action on an amendment to the Code of Ordinance and Unified Development Code of the PH City of Schertz, establishing a Building and Standards Commission, providing a criminal. Penalty, providing for publication, and providing an effective date. Final Reading (B. James/ L. Wood/ E. Grobe) 14. Ordinance No. 18 -S -07- Conduct a Public Hearing and consideration and /or action PH on a request to zone approximately 7 acres of land to Single- Family :Residential District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. First Reading (B. James /L. Wood/B. Cox) 15. Ordinance No. 18 -S -08 - Conduct a Public Hearing and consideration and /or action. PH on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 9 Section 21.9.9 Tree Preservation and Mitigation. First Reading (B. James /L. Wood /C. Cox) 16. Resolution No. 18 -R -18 - City Policies — Consideration and /or action approving a Resolution approving Employee Policies related to Employee Conduct and Discipline in the Workplace. (D. Wait) - Fraternization Policy (Council approval required) - Prohibition on Harassment (Council approval required) - Prohibition on Sexual Harassment (Council approval required) - Reporting Sexual. Harassment or Harassment (Council approval required) - Credit Card Policy (no action required) - Social Media Policy (no action required) Roll Call Vote Confirmation Requests and Announcements 17. Announcements by the Acting City Manager. 18. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 1.9. Announcements by Mayor and Councilmembers 02 -13 -2018 City Council Agenda Page - 3 - • 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 20. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Use of Hotel Occupancy Tax Funds for electronic sign repair. (D. Wait) • Schertz Master Calendar update. (S. Gonzalez) 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 9th DAY OF FEBRUARY 2018 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. g1zENT�A DENN(S Brenda Dennis, City Secreta 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 , 2018. 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed 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 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. CKf11���Kf1 � � � Ys1a:T►Y►YC 02 -13 -2018 City Council Agenda Page - 4 - Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 02 -13 -2018 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on February 6, 2018. . HHZTG • ' • On RM Staff recommends Council approve the minutes of the regular meeting of February 6, 2018. ATTACHMENTS Regular Meeting of February 6, 2018 minutes MINUTES REGULAR MEETING February 6, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 6, 2018, 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 Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Charles Zech Mayor Pro -Tem David S Councilmember Ralph Ca Councilmember Cedric I Councilmember Bert Crc, Acting City Manager Brian Ja Assistant to the City Manager City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:01 p Opening Prayer and Pledges of Allegiance to the Flays of the United" States and State of Texas. (Councilmember Crawford) 11 • Public Works — Street Worker 1 — Trevor Garcia Mayor Carpenter, recognized Public Works Manager Doug Letbetter who introduced Mr. Garcia and provided a brief bio of his background. Mayor and Council welcomed him aboard the Schertz staff. Mr. Garcia thanked the Council for the opportunity to be here. Proclamation • Proclamation recognizing the Official Rodeo Season. (M. Carpenter /B. Hall /C. Gidden) Mayor Carpenter read the proclamation for Rodeo Season and presented it to Ms. Barbara Hall and her colleagues. Ms. Hall spoke a few words on behalf of the Ambassador 02 -06 -201.8 Minutes Page -1- Committee who has over 6,000 volunteers and staff /executive members. Because of the volunteers, rodeo patrons, and corporate sponsors, they have been successful in awarding over $186 million in educational commitment to the youth of Texas over the years. She invited everyone to take some time and attend the 691h annual San Antonio Stock Show and Rodeo being held February 8 -25 at the AT &T Freeman Coliseum grounds. Presentation • Planning and Community Development Website — Present Community Development website "What's Developing in Grobe) Mayor Carpenter recognized Planner I Emily Grote who introduced a new item on the Schertz website'j features an interactive map reflecting new commercial new residential subdivisions. They demonstrated some available. Mayor and Council thanked them both for a City Events and Announcements • Announcements of upcoming City Events (B Th Olympia Hills golf Coati Sunday, February 11th arding the Planning and . (B. James /L. Wood /E. GIS Coordinator Tony McFalls iur residents and other users. It ,lopment under, construction and he new features and information well done. James /D. Wait /S. Gonzalez) 61 eetmg 11.39 am and Conference Center Crescent Bend Nature Park Tuesday, February 13' City Council Meeting 6:00 pm Council Chambers 02 -06 -201.8 Minutes Page - 2 - Gonzalez who provided • Monday, February 19th City Offices Closed in Observance of President's Day Tuesday, February 20' Council on the Go 6:30 pm Ray Corbett Jr. High School 12000 Ray Corbett Drive Agenda topics of discussion: FM 1518 update Fire Station # 3 status FY 2017 -18 Budget updates Question /comment session Friday- Saturday, February 23rd -24th Fill a bag with books for $4.00 per bag Saturday, February 24th 7:00 am - 8:45 am registration /packet pick up 9:00 am line up for 5K & Opening Ceremony Kids Freedom Fun Run is free for ages 2 -10 $30 Online registration by February 23rd, After Race party with live music, vendors, food, drinks, silent auction & kid friendly activities Contact Operation Comfort 210 - 826 -0500 Tuesd City and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian. James who recognized the Public Works Street/Sign staffers who answered the call of a resident who asked for a few old signs for her autistic son who was having a birthday party and was fascinated with signs. They rounded up a few items and also made a special street sign for him with his name. He also recognized John Nowak and Scott McClelland in Engineering with regard to the reconstruction of Schertz Parkway who spent a lot of time keeping that moving. They anticipate pulling down the barricades tomorrow about mid -day. Although the project is not finished yet, this should ease things a bit for traffic flow. 02 -06 -2018 Minutes Page - 3 - • Announcements and recognitions by the Mayor (M. Carpenter) Mayor Carpenter stated he had nothing to report for this week. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletsky, 705 Marilyn Drive, who requested Council provide some information concerning their initiative to place limits on the first amendment rights of individuals sending information while serving on council or city boards /commissions and the public receiving information through social media: Sherovided examples of other, leaders on a national level who have expressed themselves without censorship. She asked to hear Councilmember's thoughts and opinions. • Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke about the firing of the city manager and has yet to see any justification for holding a special called meeting other than that the three councilmembers who signed the request wanted it clone without the citizens knowing about it and were hoping for an empty council chambor:'He also called for a full accounting of the expenses incurred due to the firing of the city manager. In reference to the two closed sessions being held tonight, :e asked for clarification on,closed sessions and what can be discussed after those sessions and be shared as there ,Appears to be confusion as to what that is. Council's responsibility, is to keep their bosses (the Schertz residents) informed on what they :are doing and why they are doing it. He would like to see more information and o errtie s , the future. ThQF citizens are the bosses of Council. • Mr. Jake Jacobs,,' 16 Beverly Drive, who stated he officially filed as a candidate for Guadalupe County Cbrumissioner, Precinct-4. He previously served on the Planning and Zoning Commission and SSLGC. He t-cvided a bit of history of his community service, M . Maggie Titterington, 1730 Schertz ertz Parkway, The Chamber, who stated she is speaking on behalf of dozens df, busines men and women here in Schertz who have called, met, or spoken to, her to share their concerns about their city and their council. Their concerns were the loss of the city manager, staff, lack of understanding the circumstances, budget concerns regarding the payout plan, and what programs may have to go unfunded, unfilled staff positions, reserve funds, etc. Other concerns were that their voices would not be heard and they feared retaliation against their businesses. Within the responsibility of these council positions is also accountability to the citizens, businesses and our future. She thanked Councilmember Davis for reaching out to her and answering questions she had as well as meeting with dozens of residents and business owners. The fact remains there are still three councilmembers who are silent. • Mr. Robin Thompson, 967 Oak Ridge, who stated he was here tonight for three reasons. First: to remind Council of his official request for a complete financial accounting and all costs associated with the majority of council's decision to request the resignation of our 02 -06 -201.8 Minutes Page - 4 - VAI City Manager and that this information be regularly updated and shared with the public at a monthly meeting of the Council. Second: The workshop regarding the possible hiring of outside firm(s) to assist in the hiring of a new city manager was requested by Councilmember Crawford. He read from the minutes of the last council meeting quotes from Councilmember Crawford referencing lack of experience in going through this process. He cautioned taking action on this until a final cost for outside help has been determined, as consultants do not come cheap. The taxpayers are already having to pay for a severance package of $237,000. With additional costs for searching for a new manager, the cost could go up to more than $400,000. He asked council to take no vote on this tonight as they have a right to know what fund it will come from. Third: In regard to the Council Retreat meeting of January 19, 2018, he rear from the minutes the times councilmembers were present, left, returned /or did of retur . Master Calendars are provided well in advance and these meetings should be planned fcar and given priority. It is part of Council's job that they committed to in representing the citizens: of Schertz. • Discussion and possible action regarding hiring outside firms to assist the City Council during the period of transition to include review of internal processes and procedures and the hiring of a new" City Manager. (Item requested by Mayor Carpenter and Mayor Carpenter stated since Councilmember Crawford had asked for this item he turned it over to him to begin the discussion. Councilmember Crawford read what he had talked about on the phone with the Mayor on the prior Wednesday. The call was for the purpose of requesting that he be able to put some additional information on the agenda for tonight for this subject. He proceeded to read what he had read that day to the mayor. Discussion and possible action to engage a law firm to assist the City Council in conducting an independent investigation as authorized by Section 4.10 and 4.1.1 of the City 02 -06 -201.8 Minutes Page - 5 - Charter to gather information and render legal advice, legal or otherwise to the City Council regarding: 1) Facts and circumstances surrounding the City Manager's resignation. Due to public demand for clarity and Council comments regarding vague generalities related to the matter; To improve transparency and guide the City Council in manager; 2) City's HR and Finance operational practices. 3) Practices which may improve operational effi 4) Review the scope and applicability of: Conduct, City Policy and Procedures and any 5) Any additional items as required which may manager when hired. over the ton. we to City the rE nossi the city Code of iE as necessary of a new city Rules of helpful guidance to the new city and the new city manager here is to ,bring everything out in the open that out what needs to be fixed, what isn't working, s .a. List, to the new city manager as a way to give him/her the help they may need to take I transparent set of facts to the residents and the t as smooth a transition as possible. Co ncilmember Crawford stated that is how he feels. He also stated that there are five of th6t ' (councilmembers), who have not had any experience in hiring a city manager. There are cotpanies who can help them do that. We have all done things in our life where we didn't hai the experience, but we learned, we hired somebody to get it done and we got it done okay. This timo it has to be better than okay. We need to hire a strong city manager, male or female „that can come in and run this city. The city council only hires five people: the city manager,; city secretary, city attorney, the prosecutor for municipal court, and the judge for municipal court. No one else do we hire. No one else can I reach down and tap without at least letting the city manager know that he would like to talk to somebody. It is for a reason, so we don't get in their way. He wanted to let people know tonight that these are the things that are important, and we don't know what we don't know. Mayor Carpenter stated since the phone call had been brought up, he would like to explore that further. He confirmed what Councilmember Crawford just read was indeed what he would have liked to have had on the agenda. He feels if the council had heard that when 02 -06 -201.8 Minutes Page - 6 - they met previously, there may have been some objection. However, they did get something on the agenda to allow conversing about this and provide an opportunity for him to share his concerns. During that call, he also asked if there was anything else in particular he felt needed to be looked at by anyone we might hire in that capacity and there wasn't anything in particular. The Mayor stated he also had asked if there were any particular concerns regarding the Finance Department or if he (Councilmember Crawford) had spent any time with our auditors and you said you had not as of yet done so. The taxpayer, of the city have already paid Armstrong Vaughn to conduct a full audit of our finances and the Finance Department. In fact, they are wrapping that up as we speak, Layor Carpenter proceeded to read what the auditors responsibilities are. He said he is concerned that Councilmember Crawford wants Council to hire an outside firm to do what w- are already paying an auditing firm to do or that you have not visited with then! to share yc r concerns. During the past seven years this firm has provided a series of comments regarding some areas that the city needed to address; and they subseq uently were resolved. As a result, he doesn't understand Councilmember Crawford's cnntinded concerns. regard to the former Assistant conciliations, credit card issues, tware to do his job after he had ag and after eight months, him ifference. That is why he wanted alk to the auditors, the Finance employee did have full access to Mayor Carpenter re ttgnizec Councilmembet Edwards who stated he thinks the discussion . has entered an area vie shouldn't be discussing (a specific employee) and wanted the opinion cif the, City Attorney. City Attorney Charles Zech indicated while it may be on the fridge, but if if is, part of the ` reasons why we want to have this outside audit, then it is within the parameters" of the T&xiis Open Meetings Act. Mayof Carpenter stated he had no ruling for Councilmember Edwards given the comments from the City Attorney. With regard to any concerns Councilmember Crawford may have with the city's HR Department, Denton, Navarro, Rocha, Bernal has consulted with us numerous times regarding HR situations the city has had, which is normal and routine for most organizations. He had asked Councilmember Crawford if he had consulted with the city attorneys regarding our HR Department and was told he had not. Councilmember Crawford stated that was correct. Mayor Carpenter stated when he requested this item be put on the agenda he thought that is what Councilmember Crawford was asking for; however, after their discussion, he realized that was not the direction he was going. He does not have a strong feeling that we need to hire an outside firm to assist us in hiring a new city manager. He stated he has already had people sending him resumes; people want to work here and come to our city. He feels if we 02 -06 -201.8 Minutes Page - 7 - advertise in the Texas City Manager's Association and several other places, we will get a large number of applicants. He is not advocating we hire an outside firm unless we have a problem finding the right candidate. At this point, he opened the discussion up to the rest of the councilmembers for comments. Councilmember Davis — feels we can go through the process ourselves. Councilmember Gutierrez — doesn't see a need to hire an outside firm; Council represents the city and who knows the city better than them. Councilmember Larson — doesn't feel strongly one way or the other. Suggested a volunteer committee of community leaders to help participate in the process. Councilmember Edwards —thinks that hiring a city managed is, a job of the Council. We have done this before, doesn't think we need a third part to assist in the process. Councilmember Kiser — thinks they can do it themselvcs unless they run into issues later. Mayor Pro -Tem Sea lg iola — thinks Council is quite qualified to do it tietnselves. Councilmember Crawford — clarified he was asking for a special counselor, to check out the processes we use so a new city manager would want to I step into this job. He�also spoke about transparency. Mayor Carpenter recognized Councilmember Crawford who made a motion for discussion and possible action to engage a; law firm to assist the City Council and conduct an independent investigation as authorized lay section 4.10 grid 4.11 of the City Charter to gather information and render legal advice or otherwise to-the City Council as to those items he mentioned earlier when he read it during ,this session. As there was not a second, the motion failed. • Discussion and, possible action with regard to the City Council's Master Calendar and meeting notification procedures. (Item requested by Councilmember Gutierrez) Mayor Carpenter recognized ' Coun ilmember Gutierrez who stated on this agenda item staff pfovided' $ample of what the agenda would look like for posting when there is not a Qouncil meeting scheduled.: 1c believes it is straight forward and it also shows the next agenda date council ?ill be havip. He stated that he thinks this will be great to put on our website as it is hard to find something that is not there and that is what was happening. If nothing is posted, people are not going to find it. This satisfies the transparency that the citizens are looking for- Councilmembet Larson agreed because he thought we had a meeting last week and he went out to the website to pull his agenda information and he saw the notice then; so, it worked. He thanked staff for doing this. Mayor Carpenter asked if action needed to be taken. No action was necessary as Acting City Manager Brian James stated that if this was the general consensus of Council, then every Friday we would either post the agenda for the council meeting or post a notice of no council meeting that next week to better inform the citizens. 02 -06 -201.8 Minutes Page - 8 - • Discussion regarding repair status of the Schertz Electronic Sign. (D. Wait/M. Ripley) Mayor Carpenter recognized Executive Director Dudley Wait who provided updated information on the bids received regarding the repair of the Schertz Electronic Sign. Mr. Wait stated that the bidders bid on 16 -pixel resolution, but also provided information to council that the lowest bidder also provided a quote for a pixel resolution of 10 which is better than 1.6. He indicated that this was still lower than the others received. Mr. Wait said that this is a workshop item and it is under $50,000 and would like the consensus of council to move forward with the project. Mr. Wait stated that the funds -for this project will come out of the 2016 bonds sold for facilities repair. Mayor Carpenter recognized Councilmember Davis who asked if the funds could come from the Hotel -Motel Occupancy Fund, Mr. James indicated tht`�staff could provide an update to council in next week's packet on February 13th. Mr. Wait addressed additional questions from council. It was the consensus of council to move forward with the` repair and go with the 1.0 -pixel resolution. Acting City Manager Brian James stated, "that the policy regarding the use of the sign is being updated as it is out of date and that Pudic, Affairs is working on this project and we will be updating the council more on this as well. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be n,0' separate discussion of these items unless they are removed from the Consent Agenda upon the request ofthe Mayor or ,a Councilmember. Mayor Carpenter stated that they are going t consider item 2, Ordinance 18 -M -06 because it is actually first readpg:.He stated that he went back and took a look at the charter and he actually has to -read the caption and he has to do that twice in subsequent meetings so we Will pull that and: handle that on its first and subsequent meetings. He also would like to pull the minutes of the regular meeting of January 23, 2018. er asked, if either the minutes from the Special Retreat Meeting or the Meetin 'minutes of January 1.9, 2018 need to be handled or can those be handled Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to also place agenda item 3 on consent. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Mayor Carpenter stated that the consent agenda now consists of the following: 02 -06 -201.8 Minutes Page - 9 - 1. Minutes — Consideration and /or action regarding the approval of the minutes of the special retreat meeting of January 19, 2018, and the special called meeting of January 19, 2018 (B. James /B. Dennis) 3. Resolution No. 18 -R -03 — Consideration and /or action approving a Resolution by the City of Schertz authorizing contracts with Bound Tree Medical and Henry Schein, Inc. for EMS medical supplies. (D. Wait /J. Mabbitt) The following was read into record: RESOLUTION NO. 18 -R -03 A RESOLUTION BY THE CITY COUNCIL OF TIE CITY OF SCHERTZ, TEXAS D AUTHORIZING CONTRACTS WITH BOUN TREE MEDICAL AND HENRY SCHEIN, INC. FOR EMS MEDICAL SUPPLIES AND OTHER MATTERS IN CONNECTION THEREWITH Discussion and Action I 1. Minutes — Consi( January 23, 2018. . s that were )rd, I belie, s came befo s that are in those were 0h completed the; the paragraphs and fourth Para you rds who moved seconded by special retreat meeting of January wary 1.9, 2018 . and agenda item 3 Tern, Scagliola, Councilmembers )r voting for and no one voting or action approving the minutes of the regular meeting of ated that he has a question and stated that he has an original set of prepared by the City Secretary and a different set. Councilmember . -that you asked the City Secretary to make changes before those the Council, is that correct? Councilmember Crawford stated that the he packet and on the website were the correct minutes, they had all our and I made on that particular item. Mayor Carpenter stated yes, but ges you requested the City Secretary to make after she had already aft 'ininutes. Councilmember Crawford stated that she didn't have all of t you and I (meaning the Mayor) had spoken about. She added a third Mayor Carpenter asked, did you ask or instruct her to make changes to her completed draft to have those minutes that are in our packet today? Councilmember Crawford stated that the minutes have what he had stated on them because it didn't have the second part of our conversation. 02 -06 -2018 Minutes Page -10 - Mayor Carpenter stated that he struggles with what would happen if there was a paragraph in a set of minutes and all eight of us went to the City Secretary before it came to the City Council and we all wanted something different; I don't believe that she would be able to get her job done. Councilmember Crawford stated to the extent that the minutes are supposed to be an accurate rendition of what the audio and DVD says. Mayor Carpenter recognized Councilmember Gutierrez who stated the minutes should either be a summary or a full transcript of what is going on. He stated for us to always indicate word for word what needs to be in these minutes, it's pit in line with what should be in there. They need to be one way or the other and he always thought the video was the full transcript and the minutes are just a summary. Counciliember Crawford asked if we do not approve the video? Mayor Carpenter asked Councilmember Crawford to Councilmember Gutierrez continued stating that'we add basically the minutes are a summary of the priceedings He objects to trying to pinpoint exactly what each of us we would have our City Secretary working on these fig decision, either a summary or a full word for word transcript is out of the question. Mayor s? He want d:a cl as he ' did not have the floor. d this issues some time ago and occur here; not I word for word. is to say, because you are right ill week. We have to a make a script. A full word for word who stated that then he owes the nsidertion of the minutes of January 23, the council at that time have both sets of Aber Edwards who asked have we been doing word and now we are going back to summary Mayor. Carpenter answered stating that we have done summaries as he has gone back and read some of the minutes since 1958 when the City was first incorporated. Councilmember Edwards ;stated that he thought that it was changed a few months ago. In answer, Mayor Carpenter stated we have never instructed the City Secretary to provide verbatim minutes for a meeting;: it would be extraordinarily unwieldly. Councilmember Edwards if that is customary for Roberts Rules or a rendition of Roberts Rules to be a summary? In answer, Mayor Carpenter stated that the Rules of Procedure for Council are unrelated to the preparation of the minutes. We have actually in the city asked our City Secretaries and or our City Administrators to prepare minutes based upon their training and their experience as Certified Municipal Clerks. As there were no further comments Mayor Carpenter called for the vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, 02 -06 -2018 Minutes Page - 11 - Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 2. Ordinance No. 18 -M -06 — Consideration and/or action approving an Ordinance amending the City Council Code of Ethics; Section 2 Confidentiality of information shared in executive session. First Reading (Mayor/Council) The following was read into record: ORDINANCE NO. 18 -M -06 Myr Carpenter recognized Cbuncilmember Edwards, so for clarification we are doing closed sessions versus executive sessions and shall instead of should. He will not be releasin, anything for a closed session that is confidential unless he is instructed to by the City Attorney. ,rust to let you know, that is where he stands. Mayor Carpenter, recognized Mayor Pro -Tem Scagliola who spoke regarding the words shall and should anctheir appropriate meanings. Did he violate the code by talking about what went on in the executive session, basically no. He did not give specifics, could I have provided specifics, it was not clear by the wording on this. He continued and stated the language is still unclear. What exactly are we trying to say? What is it saying, it needs to be clarified? In answer, Mayor Carpenter stated that his intent was that Council should keep all matters discussed in closed session confidential, and to allow the Council in their discretion to 02 -06 -201.8 Minutes Page -12 - discuss things that goes on in closed session in so much as, in the second section, State Law is not violated. There is clarity in State Law, and he is not an attorney, and happy to defer to Mr. Zech, but State Law gives us very clear guidance as does a number of court cases and guidance from the Attorney General. As long as we pay attention to court cases and what the Attorney General has in their opinion papers, State Law in particular, as long as we do not violate any of those, we should be free to discuss in generalities what goes on in closed sessions. This is a philosophical point from his point of view. The legislature in his opinion granted the right for City Councils and Commissioners Courts and School. Districts to meet in closed sessions to protect the interests of those political subdivisions in the aggregate particularly in regard to economic development negotiations, onsultdtions with our attorney, and in particular talking about purchasing real estate, soa'a not to put our competition or others at an advantage over us as a city. 4. Resolution No. 18 -R -06 — Consideration and/or, action approving a Resolution authorizing expenditures with CDW, a DIR technology vendor, f6t $67,587.68 for desktop computer hardware for the PC Rofreshproject (B. James /M. Clau §er) The . 18 -R -06 A RESOLUTION BY TH CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH CDW, A DIR TECHNOLOGY VENDOR, FOR $671587.68 FOR DESKTOP COMPUTER HARDWARE FOR THE PC REFRESH PROEJCT AND OTHER MATTERS IN CONNECTION Mayor Pro -Tem , Scagliola recognized IT Director Myles Clauser who stated the City of Schertz has been, continuously working to keep the high level of service and reliability to our staff and community. The City desires to continue to purchase hardware from CDW, pursuant to the terms and conditions of the State of Texas Department of Information Resources (DI:R) Agreement. The City's practice is to seek authorization from Council . when expenditures with a vendor exceed $50,000 in one fiscal year. Staff is requesting approval to spend $67,587.68 with CDW as part of the City's PC Refresh programs for city staff and Library PACs. Although staff did seek and receive approval in November to purchase up to $85,000 with CDW and the items being purchase were listed in that staff report, they were not listed as a single purchase, thus staff is coming back to City Council. 02 -06 -201.8 Minutes Page -13 - The IT Dept. did receive multiple bids from several DIR vendors and CDW provided the City the best value. CDW has provided the City with competitive pricing. We must adhere to routine replacement of our hardware, which allows our staff the ability to perform their work functions and the community the ability to do research, homework and learn. New hardware is also needed to keep our network secure and safe from harmful viruses and potential breaches. Staff recommends that Council authorize staff to continue to utilize CDW for our desktop hardware for $67,587.68. Mr. Clauser addressed questions fr6ni Council. Mayor Pro Tern Scagliola recognized Col Councilmember Crawford to approve Resol. with Mayor Pro -Tem Scagliola, Council= Kiser and Crawford voting for and no one Mayor Carpenter returned to the dais. 5. Resolution No. 18 -R -08 — Cons the City Manager to enter into Environmental services for the James /L. Shrum) The following was read into record: LUTI Davis who moved seconded by R -06. The vote was unanimous Is, Gutierrez; Larson, Edwards, and /or action" approving a Resolution authorizing .ct with Ford Engineering Inc., for Design and Pedestrian Routes, and Bike Lanes project. (B. .18 -R -08 A RESOLUTION B 'THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FORD ENGINEERING INC. FOR DESIGN & ENVIRONMENTAL SERVICES FOR THE SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. Mayor Carpenter rec6g ized Assistant Parks Director Lauren Shrum who stated the City of Schertz Parks, Recreation, and Community Services Department applied for funding from the Alamo Area Metropolitan Planning Organization in January 2017 . for the Schertz Pedestrian Routes and Bike Lanes Project. The project consists of construction of an off - road trail between. Schertz Parkway and Wiederstein Road along the LCRA utility easement; construction of sidewalks on both sides of Live Oak Road between Schertz Parkway and FM 3009; and the striping of compliant bike lanes along both sides of Savannah Drive from the Selma city limits to FM 3009, and Woodland Oaks Drive between Schertz Parkway and FM 3009. Ford Engineering was awarded a three -year agreement for On -Call Engineering Services via Resolution I4 -R -55, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 1.7 -R -51. On January 9, 2018, Council approved Resolution 1.8 -R -01 authorizing expenditures with Ford 02 -06 -201.8 Minutes Page -14 - Engineering totaling no more than $100,000 for professional engineering - related services on various separate and unrelated projects, each of which has a value of less than $50,000, during the 2017 -2018 fiscal year. The CCM accompanying Resolution 18 -R -01 included reference to the Pedestrian Routes & Bike Lanes Project and explained that this project would be brought to Council separately for approval when staff was ready to proceed. Resolution 18 -R -01 is attached for your reference Based on qualifications, experience, and history of work 'on similar projects, staff recommends contracting with Ford Engineering for this prcjt; Design services are needed to survey and design the routes for the I off -road trail and the sidewalks along Live Oak Road and to develop plays specifications and estimates, and bidding documents. The bike lane striping portion of the project will be' designed in -house by engineering staff. Additionally, an environmental review is require " for federally - funded projects and Ford Engineering's team will provide the required review: Mayor Carpenter recognized Councilmernber Edwards who moved seconded by Councihuember Kiser, to approve letlutioli No. 18 -R -08. The vote was unanimous with Mayor Pro =Tm Scagliola, Council members Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting ,for and no one voting no. Motion Passed. 6. Resolution No. 18 -R:11 — Consideration and /or action approving a Resolution authorizing expenditures in excess ` of $50,000 with T.F. Harper & Associates and authorizing the purchase ,of outdoor fitness equipment, park fixtures, and associated installation costs totaling $56,982.25: B. James /'L. Shrum) The following Was read into record: RESOLUTION NO. 18 -R -11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000 WITH T.F. HARPER & ASSOCIATES AND AUTHORIZING THE PURCHASE OF OUTDOOR FITNESS EQUIPMENT, PARK FIXTURES, AND ASSOCIATED INSTALLATION COSTS TOTALING $56,982.25. 02 -06 -2018 Minutes Page -15 - Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who stated The City of Schertz Parks, Recreation, and Community Services Department budgeted funds in the 2017 -18 fiscal year to make improvements to the park property known as No Name Park, now officially named Mary Whitfield Burks Park, in an effort to develop the vacant park properties that are in the park system. After researching trends in the industry and observing the high use of the Schertz Parkway trail system for walkers, bikers, and runners, the Parks staff determined the best fit for the small 2 -acre property was to develop it as an outdoor exercise Station to complement the high recreational use already on the parkway. The property, has large established oak trees and the fitness equipment could be positioned under the existing shade canopy and would reduce the cost since shade structures would not have to be added. . Likewise, an existing water line is located on property to add a drinking fountain. Additic instead of child- focused, alleviated concerns o park property along such a busy parkway; an+ the parkway trails to their destination to and/fr equi side of the parkv y, keeping the eq keep making it an ideal €gent adult- focused ren to such a small lren moving along tes, a BuyBoad vendor, to develop a plan for the ?fans call for 220 linear .feet of 10' wide concrete lway trails and meanders through the oak tree y trails. long this pathway will be four exercise rein pieces o outdoor fitness equipment installed: ass, leg extension, high -low chin -up bars, balance x plans also include a drinking fountain, bench, ;n. Using a BuyBoard vendor allows staff to not -eserch costs with other firms to ensure the price ates was not significantly higher than other firms. staff also 'discussed the park development plans with the Parks Board on several dons and formally added it to their agenda on January 22, 2018 . where they voted to ),ve the project plans 6 -3. Staff is under the impression that the Board members who 1 ajzainst this itein had concerns as to whether this was the best location for exercise Because the city has a policy to gain Council approval to spend more than $50,000 with one vendor, we are seeking approval to spend more than $50,000 with T.F. Harper & Associates (a BuyBoard vendor). This purchase order totals $56,982.25. Currently in the FY1.7 -18 fiscal year we have spent $668.00 with this vendor and estimate spending an additional $10,000 for replacement playground equipment in the future. The project will enhance the recreational opportunities for the citizens of Schertz and complement the top priority in our Parks & Recreation Master Plan and a top priority in the Citizen Satisfaction Survey, which is hike and bike trails. The cost for the outdoor fitness equipment, concrete trail, drinking fountain, bench, trash can, and all installation is 02 -06 -201.8 Minutes Page -16 - $56,982.25 and will be paid for out of the Park Fund 317 -301- 581700. Ms. Shrum addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution No. 18 -R -11. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 7. Resolution No. 18 -R -10 — Consideration and /or action approving :a Resolution scheduling a Public Hearing to consider adoption of a Roadway Impact Fee to be, imposed for Roadways with the city; directing the City Secretary to publish notice of said Public Hearing. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO.. 18 -R- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SCHEDULING A PUBLIC HEARING TO CONSIDER ADOPTION OF A ROADWAY IMPACT FEE TU BE IMPOSED FOR ROADWAYS WITHIN THE CITY; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID PUBLIC HEARING; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter working with Free a roadway impact ` the implementtii development. The Government Code by City I to calc rules require City Cc to be charged. Resol 2018. In order to prti date for March B. ;ognized City Engineer, Kathy, .'Wocidlee who stated staff has been and, Nichols, Inc., to,,, date the City's Thoroughfare Plan and develop ordinance. A roadway impact fee provides a funding mechanism for of roadway improverents that add capacity necessitated by new Iy currently charges water and sewer impact fees. The Texas Local 'LrC) establishes the process and notification requirements to adopt step in the procO's§ was the adoption of Land Use Assumptions and a Plan 'or the area where impact fees are to be charged. These were ncil in November 2017 with Resolution 17 -R -107. Those documents the maximum allowable fee per service unit in each service area. In ► tipri of fee(s) equal to or less than the maximum allowable, TLGC until to set a date for a public hearing to consider the proposed fee(s) ition 17 -R -107 also set a date for the public hearing for February 20, ride additional time for public input, staff is seeking approval of a new The requested action of City Council is approving the resolution setting the date for the public hearing to consider adopting a Roadway Impact Fee on March 1.3, 2018. . If Council . approves this resolution, staff will publish a notice, as required by the TLGC, indicating the date of the public hearing. Staff has been presenting the Draft Impact Fee Report findings to and gathering feedback from City Boards and Commissions and focus groups including locally active developers, 02 -06 -2018 Minutes Page -17 - : builders, engineers, and businesses. The Capital Improvements Advisory Committee (CIAO) has had a presentation and discussion, a public hearing and discussion, and will be meeting again with a public hearing and to finalize a recommendation to City Council on the Roadway Impact Fee program including recommended fees to be charged and implementation guidance. A formal copy of that recommendation will be provided to Council at least five days before the scheduled public hearing. After the public hearing on March 1.3, 2018, . City Council will be tasked with considering the recommendation provided by the CIAC and acting on a proposed ordinance that would govern the Roadway Impact Fee. Ms. Woodlee addressed questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Davis to approve Resolution No. 18 -R -10. The'voie was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, , Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Ordinance No. 18 -T -05 — Consideration and /or action aplroving an Ordinance of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2017 -2018 Budget. First Reading (B. James /J. Walters) The following was read into t'1 AN ORDINANCE � � 1Y THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING N ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITHI ,THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter ieeecognized Finance Director James Walters who stated with Ordinance 17:-T-30 the City Co"' uncil of the City of Schertz approved the annual budget for FY 2017- 18. Staff is proposing 1o, amend the budget to transfer funds from the Engineering budget to the Thoroughfare Plan Update and Roadway Impact Fee project, to recognize a grant received ,b,y Police for bullet proof vests, to establish a budget for the installation of a leased pre - packaged sewer treatment plant, to recognize Hurricane Harvey emergency deployment expenses, and the reimbursement of expenses in the Fire Department, and to reallocate funds fc the Playscape Restroom authorized in the previous fiscal year. As stated in September 2017, . staff will combine and bring forward budget adjustments on a quarterly basis when possible to reduce the number and frequency of budget adjustments. With Resolution 17 -R -84, Council approved an amendment to the Freese and Nichols professional services contract for $1.8,183.00 to provide for additional roadway geometries, incorporation of changes to surrounding thoroughfare plans, and additional meetings to accommodate land use reviews by the City in the Thoroughfare Plan Update and Roadway Impact Fee project. The funding source outlined in the council memo was to take funding 02 -06 -2018 Minutes Page - 18 - from the Engineering Department's professional services budget. Ordinance 11 -M -28 states the City Manager may not move budgeted dollars between departments or funds without Council authorization. While this budget adjustment is not asking to raise the overall. City Budget, it will transfer amounts between the Engineering Department and the Project Fund. On September 5, 2017, City Council authorized the Police Department to apply for a grant for rifle resistant body armor authorized by the Governor and created by the state's Criminal Justice Division. The City was awarded the grant to purchase 50 ballistic vests and rifle plates totaling $31,750.00. This grant is 100% reimbursable'requiring only that the City purchase the vests first. Staff recommends City Coutleil accept the grant award and authorize the funding to make the initial purchase. The City has received these types of grants in the past and reimbursement is expected within a few months. The City is ready to move forward installii Hollering Sewer Treatment Plant as part of .tf fees. The service agreement with Cibolo Creel this plant and install the expansion was appro adjustment is to allocate $300,000.00 out of better cost estimate. expansion to the temporary Woman 'oved list of projects for sewer impact icipal Authority to contin=ue to operate ide;r Resolution 17-R-1,13. The budget jnpact fees now that the City has a The Fire Department continued to deploy rn support of Hurricane Harvey recovery efforts into the new fiscal year. These deployments will be fully reimbursed by the State. Due to these activities, their overtime costs, employer takes,: and retirement contribution budget line items are over, where-,they should b by an estimated $70,000.00. The reimbursement revenue account w as budgeted for $30,000.00 and already has $59,565.00 as of January 30, 2018 with additional reimbursement pavraents being processed. Staff is recommending This ordinance will have no fiscal impact on the General Fund Balance for the Thoroughfare Plan and Roadway Impact Fee budget adjustment since it is only transferring already approved funds from one department to the project. The Police grant will only require the City to pay $31,750.00 upfront but the entire amount will be reimbursed within a few months, so it will not affect the City's Fund Balance position. 02 -06 -2018 Minutes Page -19 - C IN The semiannual report for the Capital Improvements Advisory Committee on Capital Impact Fee reserves and project lists as of September 30, 2017 was presented to Council on January 9, 2018 and approved with resolution 18 -R -05. The Unallocated Reserve Balance was $5,604,060.00 at the end of September 2017 and the approved budget for FY 2017 -1.8 was set to increase this amount by $254,650.00. To approve the budget of $300,000.00 for the temporary sewer treatment plant expansion, council will pull $45,350.00 from reserves instead leaving $5,558,710.00 for future projects. For the overtime used by Fire Department deployments for Hurricane Harvey the budget amendment ordinance will increase the personnel services budget for the Fire Department and recognize an additional reimbursement in revenue by $70,000.00. No change in fund balance will occur since the City will bring in an additional i'70,000.00 which will match the additional expenditures. For the Playscape reallocation, the financial estimates for the end of FY,, 2016 -17 already included the remaining payment of 109,829. 69 and will not have an impact on, the active project list. Current cash and investments in the Parkland Dedication Fund equals $368,631.26 at the end of December 2017, leaving $258,$01.57 for future projects. Staff recommends approval. Mayor Carpenter recognized 0 Councilmember Edwards to appro unanimous with Mayor Pro -T Larson, Edwards, Kiser and Ci Passed. Crawford who moved seconded by 18 -T -05 on first reading. The vote was Councihnembers Davis, Gutierrez, g: -for :and no one voting no. Motion Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Crawford to approve the cancellation of the March 6, 2018 . City Council meeting. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and possible action regarding the City Council Rules of Conduct and Procedure. ((Mayor Carpenter) Mayor Carpenter stated he placed this item on the agenda and wants to call the Council's attention to the very first page of the rules and asked that the Council re -read and consider 02 -06 -201.8 Minutes Page - 20 - n rd Ih Ih Ih carefully the 2 1, 3 , 4 , 5 and 8 bulletized items. In light of those points, Mayor Carpenter stated he asked for this item and would like to propose a few changes. He would like Council to let him know if they are good with those changes (or not) and then have staff and the city attorney draft those changes depending on whatever motion is made. As relates specifically to Article 2, Section 2.2, Subsection B, given the current environment created by this Council he recommends and requests that the following language be added: 'Absences from meetings of the city council that are due Ito,,,,� occupational or business demands, personal or family illness or absence from the city shall be approved by the council as excused.' Mayor Carpenter stated he feels this should just be ministerial. if ' are sick, you are sick, if YOU, you are working or on vacation outside the city—thes& should automatically be excused. As relates specifically to Article 3, Section, 3.5, 1 recommend and request the section be reworded to read: 'Closed Sessions. Closed sessions may only be held_,in accordance with state law.' The'current language reads when a councilmember asks to be recognized that they shall be recognized. He would, like Council to give him a little more leeway so if a councilmember is monopolizing the time, or abusing that privilege, that he (Mayor) has the leeway to say, 'You don't have an absolute,,rght to the floor.' Although, this one may be a bit more controversial, he would'like them to consider these three. Mayor Carpemer,,opened the item up for discussion for the Council. Comments and opinions were as follows Councilmember Edwards: He will go for the first two, but not the last one. We need to be able to speak our minds if we are going to be transparent. Councilmember Larson: He agrees with Councilmember Edwards. Councilmember Crawford: Agrees with the first two as presented but not the third. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Larson to accept the first two changes as written and the last change we 02-06-2018 Minutes Page - 21 - strike completely. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for Items 1 -10. Closed Session Mayor Carpenter recessed the regular meeting at 8:23 p.m. in 11. City Council will meet in closed session under Code, Personnel Matters to deliberate the reassignment, duties, discipline, or dismissal of; Mayor Carpenter reconvened into Regular Session a I la. Take any action based on discussions held in clos Mayor C 12. City Council will =m Cade, Personnel l reassignment, duties; Mayor Carpen terecon ven 12a. Take any ;Zion- 551.07 pptintment, Acting City D. In. Edwards n James voting for session. Texas Government anent, evaluation, under Agenda Item 11. v`ht made a motion, seconded by Mary , tb a commiserate level of the ified that this is for the duration of City Manager. The vote was lcilmembers Davis, Gutierrez, and no one voting no. Motion 51 p.m. into closed session. in closed session under section 551.074 of the Texas Government Hers tq . deliberate the appointment, employment, evaluation, rcipline; or dismissal of the City Secretary. to Regular Session at 9:33 Am. on discussions held in closed session under Agenda Item 12. Mayor Carpenter recognized Councilmember Edwards who made a motion, seconded by Councilmember Kiser to give Ms. Brenda Dennis, City Secretary, a 5% increase. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation 02 -06 -201.8 Minutes Page - 22 - City Secretary Brenda Dennis provided the roll call votes for Items 1 la and 12a. Requests and Announcements 13 14. Announcements by the Acting City Manager. Mayor Carpenter recognized Acting City Manager Brian James who stated there are a number of written items that were provided to City Council and those can be found on the city's website. One of those items is a list of upcoming events, (P'ublic Events /Parks and Recreation) and some work that the Public Works Department did to change out the optics system for the light out at Woodland Oaks and Schertz Parkway, which has been having some timing problems. Requests by Mayor and Councilmembers that agenda. Mayor Carpenter recognized Counci who "stated he had City Council 1) Information from the Police Department relatedto crime statistics and trends and if there are any concerning trends, what resources might be required to deal with those. He knows we received a notice that there is going to,he some public sharing of crime statistics and he would like to hear more about that proizram as well. 2) He thinks we need a discussion or, workshop far clarification on the City Charter, specifically Section -4:07 Prohibitions (Interference with administration). What is the appropriate interactive relationship with the City Secretary due to the fact that she does report adfiiigi tratively to the City Manager. Also, he has heard there have been interactions between Councilmembers and employees that may have violated this prohibition. Therefore, he wouldlike to clarifv and reset those boundaries. Mayor Carpenter stated what he thinks he heard is Councilmember Larson would like clarification from our attorn y's office about what 4.07 is within the Charter, what those prohibitions :are and how they would apply? Because the Charter says the City Secretary reports administratively to the City Manager, how do we interpret that and how does it apply? Basically, it is a presentation from the City's attorneys on Section 4.07, clarification on those and clarification on the point of the City Secretary reporting administratively "to the City Manager. Councilmerber Larson added to also maybe get some information on what the process would be for remediation if a councilmember does violate a prohibition. City Attorney Charles Zech stated the interpretation of how the charter works is purely an interpretation. There is no case law out there that tells us how to interpret it, so Council as a body has some input into that and can create an ordinance that dictates where those lines are at; so that may be the broader discussion that you may have. 02 -06 -2018 Minutes Page - 23 - 5 After a brief Council discussion, it was agreed for Attorney Charles Zech to put together a presentation to clarify the process at his leisure for a future council meeting agenda item. Mayor Carpenter recognized Councilmember Edwards who stated he met with a lady today who said there have been some break ins in the Belmont subdivision area. He would like the Police Department to contact her about this matter. 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 Mayor Carpenter recognized, Councilmember Gutierrez who also viewed the social media webinar training and attended the Riata Subdivision hike and bike trail event. The jogging trail is 1/2 mile lon:' , 1.6. Inform Adiournment Edwards who stated he most likely will not Carpenter recognized Couiiicilmember Crawford who stated he took the Shred Day ition to the resident who originally approached him about it and he said thank you. itiott, available in City Council Packets - NO DISCUSSION TO OCCUR Parks an Recreation upcoming event flyers. (B. James /L. Shrum) Upcoming Community Shred Day event. (S. Gonzalez) Update regarding the completion of installation of the new Grid Smart Fish eye camera system at the intersection of Woodland Oaks and Schertz Parkway. (D. Wait /J. Hooks /D. Letbetter) As there was no further business, Mayor Carpenter adjourned the meeting at 9:45 p.m. 02 -06 -201.8 Minutes Page - 24 - ATTEST: Brer Michael R. Carpenter, Mayor 02-06-2018 Minutes Page - 25 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Mayor /Council Subject: Ordinance No. 18 -M -06 — Ordinance amending the City Council Code of Ethics by revising Section 2 Confidentiality of Information Shared in Closed Session a and b. Final Reading At the Special. Council meeting of January 1.9, 2018, . Mayor Carpenter referred everyone to Page 4 Section 2 regarding confidentiality of information shared in executive session. In the Open Meetings Act, there is no reference to an Executive Session; there is only reference to Closed Sessions. Executive Sessions and commentary about Executive Session only appears in the Attorney General's guide for elected officials for the Open Meetings Act. He stated in part, to be cleaner, he was going to make a motion to change this language and make it effective immediately this evening, even though it may need to be codified later in a resolution or ordinance and delete the word executive throughout and make some changes. Item No. 2, confidentiality of information shared in closed session; he is proposing to do new language at this time. Councilmembers should keep all matters discussed in closed session confidential. Any councilmember who violates state law with regard to the conduct of closed sessions shall be deemed to have violated the codes. This item was seconded by Councilmember Larson and the vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. At the City Council meeting of February 6, 2018, . Mayor Carpenter had stated that Ordinances require two readings and therefore the action for approval of this Ordinance was for first reading, the final reading will be considered at the next meeting. The first reading of this ordinance was approved unanimously by City Council. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 18 -M -06 final reading. ATTACHMENTS City Council Memorandum Page 2 Ordinance No. 18 -M -06 Revised Council Code of Ethics ORDINANCE NO. 18 -M -06 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; AMENDING SECTION 2 CONFIDENTIALITY OF INFORMATION SHARED IN EXECUTIVE SESSION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics; and WHEREAS, the City Council through its action taken on January 19, 2018 . desires to update the existing City Council Code of Ethics Section 2 "Confidentially of Information shared in Executive Session; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the closed meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics Section 2 be amended as follows: a. Council member should keep all matters discussed in P.;, *e6,u4,�e closed session confidential. b. Any Council member 4,h,, e psotn iu ldeeadtring auve e who is found to have violated state law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 19TH day of January 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 6th day of February 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) ORDINANCE NO. 18 -M -06 AN ORDINANCE BY THE CITY OF SCHERTZ, TX AMENDING CITY COUNCIL CODE OF ETHICS; AMENDING SECTION 2 CONFIDENTIALITY OF INFORMATION SHARED IN EXECUTIVE SESSION, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted a Code of Ethics; and WHEREAS, the City Council through its action taken on January 19, 2018 . desires to update the existing City Council Code of Ethics Section 2 "Confidentially of Information shared in Executive Session; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Code of Ethics as they relate to dealing with the closed meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Code of Ethics Section 2 be amended as follows: a. Council member should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated state law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 6TH day of February 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 13th day of February 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITE' UD City Council Code of Ethics Introduction -13 -18 Final The City Council Code of Ethics (the "Codes ") applies only 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 equally to the Mayor, Mayor Pro -Tem and City 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 City 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 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 Page 1 CITE' 2-13-18 Final primary role of the liaison is that of facilitator of communications between the 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 closed sessions and shall abstain from attending such closed 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 City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation 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 2-13-18 Final primary role of the liaison is that of facilitator of communications between the 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 closed sessions and shall abstain from attending such closed 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 City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation 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 CITE' 2-13-18 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 City 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 staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by 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, City 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 City 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 by 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 2-13-18 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 City 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 staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by 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, City 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 City 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 by 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 CITE' 2-13-18 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 any 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 Closed Session a. Council members should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated State Law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City 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 (specifically 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 any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 2-13-18 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 any 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 Closed Session a. Council members should keep all matters discussed in closed session confidential. b. Any Council member who is found to have violated State Law with regards to the conduct of closed sessions shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City 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 (specifically 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 any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITE' UD 2-13-18 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any 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 lawfully 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, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. 4. Citv Council Media Communication Guidelines a. Effective media relations best serves the City by providing accountability to the public and transparency of government, ensuring accurate information is conveyed to the public, establishing and maintaining an accurate public perception of the City; informing residents of City programs and services, and promoting the City's achievements, activities and significant events. b. Council Members and the Mayor have been elected to represent our community and are free to speak to the media on any subject. This policy and its included guidelines are intended to ensure that accurate consistent information is provided to the media and that City Council's integrity and professional image is preserved. C. Guidelines: 1. Council Members and the Mayor have the right to express personal opinions on any issue, but must make it clear that they are speaking for themselves, are not speaking in an official capacity for the City, and are not speaking on behalf of City Council, unless the position has been adopted by the City Council; 2. All conversations with a member of the media should be treated as on the record. 3. Where time permits City Council members and the Mayor should communicate with the City's Public Information Officer prior to interviews with the media; otherwise all interviews with a member of the media should be reported to the Page 5 CITE' UD Violations 2-13-18 Final City's Public Information Officer as soon as reasonably possible after the interview. 4. There are certain highly sensitive issues that may require greater discretion when speaking to media. These issues include: i. Legal issues, including liability issues and pending litigation; ii. Personnel issues, including those surrounding existing and former employees; iii. Questions that involve police or fire investigations; or iv. A community -wide situation or emergency. It is highly encouraged that City Council members and the Mayor contact the City Manager for any relevant information prior to commenting on such matters. 1. Violation of the Code of Ethics a. Council members are expected to abide by 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 6 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 any 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, Section 4. 10 of the City Charter), City 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 any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County 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 by a Council member must be reported to the Mayor. Any 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 7 CITE' 2-13-18 Final Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any 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 City Council have the obligation to govern themselves responsibly in the enforcement of any 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 immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: • Cautioning • 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. • A cautioning 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. Page 8 CITE' UD 2-13-18 Final • Correction is identified as a verbal reprimand due to multiple policy violations. 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. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • 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 • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body 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. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body 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. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 9 CITE' 2-13-18 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 6th Day of February 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place 1 Scott Larson, City Council. Place 3 David Scagliola, Mayor- Pro -Tem, City Council Place 5 Ralph Gutierrez, City Council Place 2 Cedric Edwards, Sr., City Council. Place 4 Angelina Kiser, City Council Place 6 Bert Crawford, City Council Place 7 Page 10 2-13-18 Final The following Members of Council have received and agreed to place their signatures on this adopted document this 6th Day of February 2018. Michael R. Carpenter, Mayor Mark Davis, City Council Place 1 Scott Larson, City Council. Place 3 David Scagliola, Mayor- Pro -Tem, City Council Place 5 Ralph Gutierrez, City Council Place 2 Cedric Edwards, Sr., City Council. Place 4 Angelina Kiser, City Council Place 6 Bert Crawford, City Council Place 7 Page 10 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: City Management /Finance Subject: Ordinance No. 18 -T -05 - An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017 -2018 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date; Final reading C• � 1 With Ordinance 1.7 -T -30 the City Council of the City of Schertz approved the annual budget for FY 2017 -18. Staff is proposing to amend the budget to transfer funds from the Engineering budget to the Thoroughfare Plan Update and :Roadway Impact Fee project, to recognize a grant received by Police for bullet proof vests, to establish a budget for the installation of a leased pre - packaged sewer treatment plant, to recognize Hurricane Harvey emergency deployment expenses and the reimbursement of expenses in the Fire Department, and to reallocate funds for the Playscape Restroom authorized in the previous fiscal year. As stated in September 2017, staff will combine and bring forward budget adjustments on a quarterly basis when possible to reduce the number and frequency of budget adjustments. With Resolution 17 -R -84, Council approved an amendment to the Freese and Nichols professional services contract for $18,1 83.00 to provide for additional roadway geometries, incorporation of changes to surrounding thoroughfare plans, and additional meetings to accommodate land use reviews by the City in the Thoroughfare Plan Update and Roadway Impact Fee project. The funding source outlined in the council memo was to take funding from the Engineering Department's professional services budget. Ordinance 1.1 -M -28 states the City Manager may not move budgeted dollars between departments or funds without council authorization. While this budget adjustment is not asking to raise the overall City Budget, it will transfer amounts between the Engineering Department and the Project Fund. On September 5, 2017, . City Council authorized the Police Department to apply for a grant for rifle resistant body armor authorized by the Governor and created by the state's Criminal Justice Division. The City was awarded the grant to purchase 50 ballistic vests and rifle plates totaling $31,750.00. This grant is 100% reimbursable requiring only that the City purchase the vests first. Staff recommends City Council accept the grant award and authorize the funding to make the initial purchase. The City has received these types of grants in the past and reimbursement is expected within a few months. The City is ready to move forward installing an expansion to the temporary Woman Hollering Sewer Treatment Plant as part of the approved list of projects for sewer impact fees. The service agreement with Cibolo Creek Municipal Authority to continue to operate this plant and install the expansion was approved under Resolution 17 -R -113. The budget adjustment is to allocate $300,000.00 out of sewer impact fees now that the City has a better cost estimate. The Fire Department continued to deploy in support of Hurricane Harvey recovery efforts into the new fiscal year. These deployments will be fully reimbursed by the State. Due to these activities, their overtime costs, employer taxes, and retirement contribution budget line items are over where they should be by an estimated $70,000.00. The reimbursement revenue account was budgeted for $30,000.00 and already has $59,565.00 as of January 30, 2018 with additional reimbursement payments being processed. Staff is recommending increasing the personnel services budget by $70,000 and increasing deployment reimbursements revenue by a matching amount. Total reimbursement for the Fire Department from Hurricane Harvey is estimated to be $251,000 and is split between 2016 -17 and 2017 -18. Currently the City has received $59,564.71. With Resolution 17 -R -55, the City Council authorized a contract to build and install a restroom at the :Playscape behind the Recreation Center for $1.68,968.75 budgeted to be paid out of the Parkland Dedication Fund. At the end of Fiscal Year 2016 -17 only $59,139.06 of that amount was spent. Staff is requesting the remaining $109,829.69 be reallocated to this project for fiscal year 2017 -18 out of the Parkland Dedication Fund. City Council approved this on first reading at their meeting of February 6, 2018. Summary of Recommended Action Approval of Ordinance 1.8 -T -05 approving these quarterly budget adjustments. FISCAL IMPACT This ordinance will have no fiscal impact on the General Fund Balance for the Thoroughfare Plan and Roadway Impact Fee budget adjustment since it is only transferring already approved funds from one department to the project. The Police grant will only require the City to pay $31,750.00 upfront but the entire amount will be reimbursed within a few months so it will not affect the City's Fund Balance position. The semiannual report for the Capital Improvements Advisory Committee on Capital Impact Fee reserves and project lists as of September 30, 2017 was presented to Council on January 9, 2018 and approved with resolution 18 -R -05. The Unallocated Reserve Balance was $5,604,060.00 at the end of September 2017 and the approved budget for FY 2017 -18 was set to increase this amount by $254,650.00. To approve the budget of $300,000.00 for the temporary sewer treatment plant expansion, council will pull $45,350.00 from reserves instead leaving $5,558,71.0.00 for future projects. For the overtime used by Fire Department deployments for Hurricane Harvey the budget amendment ordinance will increase the personnel services budget for the Fire Department and recognize an additional reimbursement in revenue by $70,000.00. No change in fund balance will occur since the City will bring in an additional $70,000.00 which will match the additional expenditures. For the Playscape reallocation, the financial estimates for the end of FY 2016 -1.7 already included the remaining payment of 109,829.69 and will not have an impact on the active project list. Current cash and investments in the Parkland Dedication Fund equals $368,631.26 at the end of December 2017, leaving $258,801.57 for future projects. Approval of Final reading Ordinance No. 18 -T -05 ATTACHMENT Ordinance No. 18 -T -05 l I 1 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 17 -T -30, the City of Schertz (the "City ") adopted the budget for the City for the fiscal year 2017 -201.8 (the "Budge ), which provides funding for the City's operations throughout the 2017 -2018 fiscal year; and WHEREAS, the City needs to transfer authorized budget amounts of $18,183.00 from the Engineering Department Professional Services to the Thoroughfare Plan Update and Roadway Impact Fee project; and WHEREAS, the City needs to accept a grant award of $31,750.00 for the purchase of rifle resistant body armor; and WHEREAS, the City needs to set a budget of $300,000.00 for the temporary sewer treatment plant expansion to be funded from reserves; and WHEEREAS, the City needs to increase the Fire Department Personnel budget due to state deployments by $70,000 to be reimbursed by the State; and WHEREAS, the City needs to reallocate the remaining budget amount of $1.09,829.69 from FY 2016 -17 for the Playscape Restroom construction and installation; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the budget transfer for the Thoroughfare Plan Update and Roadway Impact Fee Project, accept the grant award, and reauthorize funds previously budgeted in fiscal year 2016 -17 for the construction and installation of the Playscape Restrooms, 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 transfer $18,183.00 from the Engineering Department budget to the Thoroughfare Plan Update and Roadway Impact Fee project. Section 2. The City accept the grant for rifle resistant body armor for $31,750.00 which will be fully reimbursed by the grant. Section 3. The City shall increase the budget by $300,000.00 for the temporary sewer treatment plant expansion to be funded from the Capital Recovery Sewer Fund's $254,650.00 unallocated revenues in fiscal year 2017 -2018 and by $45,350.00 from its reserves. Section 4. The City shall increase the General Fund Budget for the Fire Department's personnel expenditures by $70,000 to be funded from reimbursements from the State for Hurricane Harvey deployments. Section 5. The City shall reallocate $109,829.69 of the funds for the Playscape Restroom from fiscal year 201.6 -17 to fiscal year 2017 -18. Section 6. 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 7. 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 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. 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 10. 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 1.1. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 6th day of February 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 13th day of February 2018. . CITY OF SCHERTZ, TEXAS 50558021.1 - 2 - Mayor ATTEST: City Secretary (CITY SEAL) 50558021.1 - 3 - Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on January 23, 2018. . HHZTG • ' • On RM Based on discussions at the February 6, 2018 . City Council meeting regarding these minutes, staff is submitting a copy of the first draft of minutes which were prepared and emailed to Councilmember Crawford upon his request and a second draft of minutes reflecting the direction of Councilmember Crawford to change the draft minutes reflecting exactly what he had asked during the "Requests by Mayor and Councilmembers that items be placed on a future City Council Agenda." Staff recommends Council discuss this item and approve either the first draft or second draft of the January 23, 2018 City Council minutes. ATTACHMENTS Regular Meeting of February 23, 2018 minutes (draft 1 & draft 2) MINUTES REGULAR MEETING January 23, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 23, 2018, 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 Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charlie Zech City Secretary Brenda Dennis Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember David Seagliola Councilmember Bert Crawford City Manager Jc bn Kessel Executive - Director Dudley Wait Assistatit,to the City Manager Sa Mayor Carpenter called the regular meeting to order at 6:02 p.m Texas. (Councilmember • Introduction of the Student Mayors and Student Councilmembers for the Day. Dobi r. High, 8th Grade Symantha Noel and Corbett Jr. High, Stn Student Council mbers . - Dobie Jr. High, 7th Grade Okikijesu Adejuyigbe and Corbett Jr. High, ' � Grade 'Kassen Dilworth Mayor Carpenter recognized City Secretary Brenda Dennis who stated this is the third year this program has been in place in conjunction with the school district introducing city government with our 7th and 8th grade students. She asked each student to introduce themselves and briefly explain to the audience what they learned from the experience. Each student shared their experience and what they had learned. Mayor Carpenter and City Manager John Kessel came forward and along with City Secretary Brenda Dennis and SCUCISD Student Coordinator Rebecca Williams presented certificates and plaques to each student in recognition of their participation. 01 -23 -201.8 Minutes Page - 1 - Presentation • Certificates of Recognition from SCUCISD for facilitating the City of Schertz Student Mayor /Student Council for the Day program. (R. Williams) Mayor Carpenter recognized City Secretary Brenda Dennis who stated she and Officer Lafitte attended a school board meeting on December 19, 2017 and were presented with certificates for city staff /council members in recognition for our continuous, partnership with the School District for facilitating the City of Schertz Mayor and City' Council for a day program. Those receiving a certificate of appreciation were: PD Special Projects Dfieer Helen :Lafitte, City Manager John Kessel, Mayor Michael Carpenter; Councilmemb r Cedric Edwards, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilin, b Scott Larson, Councilmember David Scagliola, Councilmember Angelina Kiser, Courtcilmember Bert Crawford, Fire Chief, Kade Long, Police Chief Michael. Hansen, EMS Director Jason Mabbitt, and City Secretary Brenda Dennis. Ms. Dennis thanked everyone stating, this program could not go on with everyone's support and participation. Ms. Rebecca Willi�a s' also thanked ever 6 e for giving their students a once in a lifetime opportunity to come and learn about local government. Mayor Carpenter recessed the mee with their parents Mayor Carpenter 30 Year Service Reco Mayor Events and this item will be rescheduled to a later date. • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Saturday, February 3rd Star party 6:00 — 9:00 PM Crescent Bend Nature Park, 12805 W. Schaefer Road O1 -23 -201.8 Minutes Page - 2 - Everyone is invited to view Venus, Jupiter, Saturn, and Uranus. Volunteers from the San Antonio Astronomical Association will have their telescopes available for visitors to get a peek at these natural wonders. The event is free. For more information, contact the Parks and Recreation Department at X 1850. Tuesday, February 6th City Council Meeting 6:00 pm Council. Chambers Thursday, February 8th Northeast Partnership Meeting 11:30 am Olympia Hills golf Course and Conference Center Thursday, February 8th Kerr Country Trail Riders 11:30 am Pickrell Park Tuesday, February 13' City Council Meeting 6:00 pm Council. Chambers Monday, February 19' who stated he had no stated the International City - County in San Antonio last fall. He read Mr. accomplishments through the years from an award Mr. recognizing 25 years of service to local government. )rwrd addressing and thanking Mayor Carpenter, City Council (present a welcoming communitv members of Schertz and the wonderful and )lers of city staff for seven amazing years of service. He stated this has of his 25 -year career, making cities better places for people to live. He understands there can be uncertainty during times of change, and you can get caught up in the moment and forget to look to the future with a positive and hopeful heart. The city manager position serves at the will/pleasure of council and he knows that and believes in it whole heartedly. This was put in place in 1974 by the people of Schertz when they adopted the home rule charter. He hopes everyone steps forward during this time of change with full effort and enthusiasm and continue to make the City of Schertz even better. 01 -23 -2018 Minutes Page - 3 - He is proud of what we all accomplished together as a team and leaves with confidence that all the pieces are in place for a positive transition to the next chapter for all of us. May God bless each of you and the City of Schertz. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletsty, 705 Marilyn Drive, who spoke about a `person of Schertz' always being the last one to speak during this section of the agenda. Also, Fridays may not be a good day to call special meetings in the future. She described observations of several members of Council that evening. She promised to advise them of more future Council observations. • Ms. Maggie Titterington, ,10217 Ivy Horn, President of The Chamber, who spoke of her dismay after the f6rced resignation of the city manager last Friday evening. It appears the council members voted for-hat they wanted not what the citizens wanted. She believes the forward progress-,of Schertz has stopped. She and other residents do not understand the reasoning behind 'our leadership. She feels �s a resident she was done wrong and not listened to along with other residents. • Ms. Mynette Benedict, 3418" Meadow Head, who thanked the Council, the Mayor, the farmer City Manager and the citizens. She is here tonight on behalf of herself to thank them all fOr their years of service. She appreciates their support in their mission at the housing authority, in the local area. She has been here 1.5 years and her time working with Mr. Kessel hay been a wonderful opportunity. She spoke of the founding fathers of the community, and said -they were hoping to keep our reputation. The housing authority depends a lot 6nfh6 City of Schertz for cooperation and she feels that in the past they have had that and especially for Mr. Kessel who has meant a lot to them. She just wanted to tell him thank you and that his loss will be greatly felt. She hopes the Council will use their wisdom and guidance in their future decisions and that it will be based on the needs of our community and not politics. • Mr. Mark Moody, 2901 Bent Tree Drive, who was unaware of the Friday night meeting. He was disappointed in that and also the decision that was made. He feels the citizens opinions didn't matter. He is disappointed Mr. Kessel is not here for him to thank for the 01 -23 -201.8 Minutes Page - 4 - work that he has done; he was very engaged, visible and accessible. He thinks the city will suffer some loss because of it. His confidence in Council right now is shaken. • Mr. J. R. Rhoades, 609 Marilyn, who spoke about the recent removal of yard sale permit requirements; he thanked them for that. He also spoke about the Rules of Conduct and that our Council has recently been discouraging Facebook postings and personal opinions by our local elected officials (i.e., Councilmembers, City Board Members). He feels that because we are all private citizens as well, we should all be able to exercise our right to engage in this activity freely. • Mr. Jeff Womack, 2944 Mineral Springs, who stated he had an opportunity to thank Mr. Kessel for his service earlier this evening. Business wile be disrupted for a long time as this is not a quick fix. He spoke about the expense of the severance package for Mr. Kessel and hiring a new manager. He brought a case of watr as a gift to Council to replace all the bottles of water he may have consumed in the past at city council meetings. • Mr. Dana Eldridge 2628 Gallant Fox Drive, who spoke about Friday evening's decision to force the resignation ,cif the City Manager. He feels it was a poor decision. Many citizens spoke well of the City Manager. There is a lot of hurt and sadness for many citizens, Mr. Kessel's family, etc. - -and the city's reputation is declining. Allegations, petty, personal charges aid gut feelings, nothing with a valid nature, reflects arrogance in our leadership. • Mr. Robin Thompson, 967 Oak Ridge, read a letter he had prepared addressed to Mayor Carpenter. The letter requests an item be added to an upcoming agenda of the Council soon. He requests that a complete financial accounting of the Council's decision be undertaken and updated by the City staff on a monthly basis to the Council and residents. The letter also requests the name of the city fund(s) that is paying for this expense and what programs are being defunded in order to pay for the Council's decision. • Mr. William Boynton, 619 Mitchell Ave, who stated he has been here since 1989. H has never once complained about his property taxes. We have a quality of life here that is quite unique and worth paying for. He thanked Councilmember Larson for answering some 01 -23 -2018 Minutes Page - 5 - questions he had. Councilmember Edwards answer was we can't talk about it. Apparently, it is expected for citizens to pay their taxes but not entitled to answers. He is disappointed and feels Council really doesn't care about what he thinks or what anyone else thinks. • Ms. Cyndi Pressler, Legacy at Forest Ridge, who stated she is not a citizen of Schertz, but she spends almost seven days a week working on behalf of your citizens and their elderly parents, adult children and grandchildren. Millennials own the company she works for. She feels she is a good judge of character. It has not failed her yet. You serve the public, not your own self. - interest; close your ears to pettiness. Thank you, John Kessel. I'm sorry you are not here. He is an extreme gentleman, high integrity. • Ms. Michelle Womack, 2944 Mineral Springs, who had just intended to come and thank Mr. Kessel. She thinks he is a great person. She doesn't know of anyone who had anything negative to say about him or his performance for our City. The people she knows are upset and angry and they want to know why he had to be removed. She, Appreciates those councilmembers who took her phone calls',,, end talked. with her. She ho, that those councilmembers who still have not responded to any citizens inquiry do sa. citizens need to know what is going on in the city; it is their right, to know: She is currently waiting for records. Before the city hires anyone else, she doesn't ,vant to see anyone fired over coffee and water, even if it wasn't the only m4son. She also spike about social media posts. She finds this an embarrassment and thinks we can and should do, better. Workshop Councilmember Gutierrez made a motion to appoint Councilmember Scagliola as the next Mayor Pro -Tem. Councilmember Larson made a second to the motion. The vote was 4 -3 -0 with Councilmembers, Gutierrez, Larson, Scagliola, and Davis voting yes and Mayor Pro -Tem Edwards, Councilmembers Kiser and Crawford voting no. Motion Passed. Mayor Carpenter confirmed with City Secretary Brenda Dennis that at the next meeting which will be in February, they will perform the transition. 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. 01 -23 -201.8 Minutes Page - 6 - 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of January 9, 2018. (J. Kessel /B. Dennis) 2. Ordinance No. 18 -S -01 — Consideration and or action on a request to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment/Multi- Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1518 and IH -10. Final Reading (B. James /L. Wood/ B. Cox) ORDINANCE NO. 18 -S -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING' MAP BY REZONING APPROXIMATELY 27 ACRES OF LAND FROM PRE- DEVELOPMENT DISTRICT (PRE) TO APARTMENT /MULTI - FAMILY RESIDENTIAL DISTRICT (R -4). 3. Ordinance No. 18 -S -02 - Consideration and or action on a request to rezone approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wederstein Road. Fizl,.,Reading (B. James /L. Wood/ E. Grobe) ORDIN AN ORDINANCE Y ' THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 11 ` " ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL9'(R -1) TO NEIGHBORHOOD SERVICES DISTRICT (NS). 4. Orditfnee No 18 -S -03 ,- Consideration and or action on an amendment of Part III, Sehertz Codes of Ordinances,,, Unified Development Code (UDC), Article 10, Section "2).10.4 Schedule of Off - Street -. Parking Requirements. Final Reading (B. James /L. Wood/ E. Grobe) ORDINANCE NO. 18 -S -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 10, SECTION 21.10.4 SCHEDULE OF OFF- STREET PARKING REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 5. Ordinance No. 18 -S -04 - Consideration and /or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), update "Director of 01 -23 -2018 Minutes Page - 7 - Development Services" and to remove "Development Services Department ". Final Reading (B. James /L. Wood/ E. Grobe) ORDINANCE NO. 18-S-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), UPDATE "DIRECTOR OF DEVELOPMENT SERVICES" AND TO REMOVE "DEVELOPMENT SERVICES DEPARTMENT".; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Closed Session Mayor Carpenter 13. City Council ''will meet Government Code, Pers City Manager. Mayor Capen ter recon ven ed in t 13a. meeting at 7:27p.m. into closed session. closed session, under section 551.074 of the Texas Matters to- deliberate the appointment of an acting lar Session at 7:40 p.m. held in closed session under Agenda Item 13. Mayor Carpenter recognized Councilmember Davis who made a motion to appoint Mr. Brian James as, the Acting City Manager seconded by Councilmember Crawford. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagli©ia, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter requested that Mr. James join Council on the dais. Mayor Carpenter moved back to Item 6 on the agenda. 01 -23 -201.8 Minutes Page - 8 - 6. Resolution No. 18 -R -07 — Consideration and /or action approving a Resolution authorizing the Advanced Funding Agreement from TxDOT for the Schertz Pedestrian Routes and Bike Lanes project. (B. James /L. Shrum) RESOLUTION NO. 18 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET - ASIDE PROGRAM PROJECT KNOWN AS SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who provided a map of the area she would speak of. This is a project with TxI?OT as they are the distributor of the Federal Transportation Funds the city needs to enter into this agreement to receive those funds for this project. There were no qubstions /comments from Council. 7. Boards, Comirisions and Committee Member Appointment Consideration and/or action appointing Ms.,, LaDonna Bacon as a'regular member to the Planning and Zoning Commission. (Mavor /Council/B: Dennis) Carpenter­:recognized. City Secretary Brenda Dennis who stated the Interview ittee met and interviewed the candidates and voted unanimously to appoint Ms. Bacon board vacancy. . Mayor Carpenter recognized Councilmember Davis who made a motion to approve the appointment of Ms. LaDonna Bacon as a regular member to the Planning and Zoning Commission seconded by Councilmember Crawford. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser, and Crawford voting for and no one voting no. Motion passed. 8. Appointment of an Interim City Manager — Discussion and possible action regarding the appointment of an Interim City Manager. (Mayor /Council) Mayor Carpenter stated we already addressed this item earlier. No further action was taken. Mayor Carpenter moved to Item 12 of the agenda. 01 -23 -201.8 Minutes Page - 9 - Closed Session Mayor Carpenter recessed the regular meeting at 7:44 p.m. into closed session. 1.2. 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 tn: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) tq deliberate the offer of a financial or other incentive to a business prospect. • Project E -037 • Project E -038 1.4. City Council will meet in closed session under , section 551.071 of the Texas Government Code, regarding Consultation with the City Attorney to discuss the severance for Mr. Kessel. Mayor Carpenter reconvened into Regular Session at,8:43 p.m. 12a. Take any action based on discussions held ih'closed session under Agenda Item 12. No action was 14a. Take any action bas d,on discussions held in dosed session under Agenda Item 14. Mayor Carpenter, stated we would go back to our regular order of business; items 9, 10, and 11, which were added by" himself mostly as placeholders. He didn't have a need to address any of these this evening but ifCouncil wished to take up any of them he would do so. Since there were no responses from Council he moved on to the Roll Call Vote. 9. Discussion and possible action regarding the City Council Code of Ethics, including but not limited to the section titled "Ethical Conduct Rules ". (Mayor Carpenter) 1.0. Discussion and possible action regarding the City Council Rules of Conduct and Procedure, including but not limited to the Code of Conduct; Article 2, section 2.2.13; Article 2, section 2.5; and Article 3, section 3.5. (Mayor Carpenter) 01 -23 -201.8 Minutes Page - 10 - 1.1. Discussion and possible action regarding the City Charter, its individual and several provisions and possible interpretation(s) and /or clarifications by the City Council, including but not Limited to Article 4, Section 4.07, Prohibitions; and Section 4.08, Powers of the City Council. (Mayor Carpenter) Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for the Workshop Item, Items 1 -7, 13a and 14a. Requests and Announcements 1.5. Announcements by City Manager. Mayor Carpenter recognized Councilmemb the next meeting whether or not to cancel there were no objectoh Mayor Carpenter r who stated he would like to discuss at a o �neeting as it is election night. As his be placed on the next agenda. awford who stated he would like to put an hiring a separate counselor to help advise across trying to select a new city manager. Mayor Carpenter restated for clarity, to have an item on the agenda for discussion and Possible action to' decide whether t r not we want to engage a third -party firm to assist Council in their search for a new city manager. He confirmed with the City Secretary to put it on the next agenda a time is of the essence. Mayor Carpenter recognized Councilmember Gutierrez who stated in an effort to provide complete transparency to our citizens, he requests a proposed item: To post an agenda on Fridays for every Tuesday to include the third and fifth Tuesdays of the month. If there is no scheduled meeting, the only item to be posted on this agenda is in bold font letters, `No scheduled City Meeting will take place this Tuesday' (followed by the date). This way the citizens are informed and will not be surprised by the action of this or future councils. Mayor Carpenter stated he thinks the way to do that is to have an item on the next agenda for discussion and possible action with regard to the city council's master calendar and meeting notification procedure. 01 -23 -2018 Minutes Page - 11 - 17 Mayor Carpenter recognized Councilmember Davis who stated in the spirit of transparency he would like an update on the status and projected cost to fix our community bulletin board that is out in front of the City Hall. Mayor Carpenter stated as soon as staff could have that information ready, please put it on the next available agenda. 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 Mayor Carpenter recognized C( to attend the Student Mayor /C Dennis for putting this program Mayor Carpenter recogn challenging week for ev Manager, he was given a only did that, he exe4 respect for Mr. (John) Iii Larson who stated he had a brief opportunity A, today. He thanked City Secretary Brenda )uncilmeniber Scagli6la who stated this has been a very For the record, when Mr. Kessel was hired as the City mandate: Ta e;the City of Schertz to the next level. He not ,ectations. He has and will continue to have the utmost Ah pry fe ,sionally and personally. He conveyed that to him 3 him for a job well done. Additionally, he thanked City rdinating the Student Mayor /Council for the Day program. Mayor Carpenter recognized Councilmember Crawford who also thanked City Secretary Brenda Dennis for all she does for the Student Mayor /Council for the Day program. He also thanked Engineer John Nowak for doing a fine job explaining to him the paving work being done on Live Oak Road and answering all his questions. Mayor Carpenter stated he will be providing the City Secretary with the letter that was given to him by Mr. Robin Thompson, so she can provide copies to the rest of Council so that they can consider his request for a future agenda item. Mayor Carpenter took a brief moment to ask the city attorney a question which was: If they could fix Mr. James compensation during the time he works as the acting city manager. He asked City Secretary Brenda Dennis to work with the City Attorney Mr. Dan Santee to put this as an item on the next agenda. 01 -23 -201.8 Minutes Page -12 - Mayor Carpenter recognized Mayor Pro -Tern Edwards who stated he wanted to let Ms. Womack and others who have asked him what went on in the closed session last Friday, that those documents have been given to City Attorney Dan Santee and as soon as they get some type of legal opinion about that, he will be happy to answer their questions at that time. Adjournment As there was no further business, Mayor Carpenter adjourned the ATTEST: Brenda Dennis, City Secretary 01 -23 -201.8 Minutes Page -13 - MINUTES REGULAR MEETING January 23, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 23, 2018, 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 Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Dan Santee City Secretary Brenda Dennis Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember David Seagliola Councilmember Bert Crawford City Manager John Kessel Executive- birector Dudley Wait Assistatit,to the City Manager Sa Mayor Carpenter called the regular meeting to order at 6:02 p.m Texas. (Councilmember • Introduction of the Student Mayors and Student Councilmembers for the Day. Dobi r. High, 8th Grade Symantha Noel and Corbett Jr. High, Stn - ,Student Council mbers . - Dobie Jr. High, 7th Grade Okikijesu Adejuyigbe and Corbett Jr. High, ' � Grade 'Kassen Dilworth Mayor Carpenter recognized City Secretary Brenda Dennis who stated this is the third year this program bas-been in place in conjunction with the school district introducing city government with our 7th and 8th grade students. She asked each student to introduce themselves and I briefly explain to the audience what they ]earned from the experience. Each student shared their experience and what they had learned. Mayor Carpenter and City Manager John Kessel came forward and along with City Secretary Brenda Dennis and SCUCISD Student Coordinator Rebecca Williams presented certificates and plaques to each student in recognition of their participation. 01 -23 -201.8 Minutes Page - 1 - Presentation • Certificates of Recognition from SCUCISD for facilitating the City of Schertz Student Mayor /Student Council for the Day program. (R. Williams) Mayor Carpenter recognized City Secretary Brenda Dennis whc stated she and Officer Lafitte attended a school board meeting on December 19, ,2,017 and were presented with certificates for city staff /council members in recognitiop fair ,our continuous partnership with the School District for facilitating the City of Schertz Mayor and City Council for a day program. Those receiving a certificate of appreciation were: PD Special Projects Officer Helen Lafitte, City Manager John IKssel, Mayor' Michael Carpenter, Councilmember Cedric Edwards, Councilmember Mark Davis, Councilmember Ralph Gutierrez, Councilmember Scott Larson, Councilmember David Scagliola; Councilmember Angelina Kiser, Councilmember Bert Crawford„ Fire "bief, Kade Long-,, Police Chief Michael Hansen, EMS Director Jason Mabbitt, andCity'Secretary Brenda Dennis. Ms. Dennis thanked everyone stating this program could not go on with everyone's support and participation. Ms. Rebecca Wil iam also thanked everyone for giving their students a once in a lifetime opportunity to come and learn about local government. Mayor Carpenter concluded by thanking the students for their interest and participation. He recessed the meetinigt x;12 p.m. to allow the students to either take more pictures or exit with their parents'. Mayor Carpenter reconvened the regular meeting at 6:18 p.m. 30 Year Service Recognition to Kirk Tiinke, Fire Battalion Chief (J. Kessel) Mayor Carpenter, stated this ifenn will be rescheduled to a later date. Events and • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Saturday, February 3rd Star party 6:00 — 9:00 PM Crescent Bend Nature Park, 12805 W. Schaefer Road 01 -23 -201.8 Minutes Page - 2 - Everyone is invited to view Venus, Jupiter, Saturn, and Uranus. Volunteers from the San Antonio Astronomical Association will have their telescopes available for visitors to get a peek at these natural wonders. The event is free. For more information, contact the Parks and Recreation Department at X 1850. Tuesday, February 6th City Council Meeting 6:00 pm Council. Chambers Thursday, February 8th Northeast Partnership Meeting 11:30 am Olympia Hills golf Course and Conference Center Thursday, February 8th Kerr Country Trail Riders 11:30 am Pickrell Park Tuesday, February 13' City Council Meeting 6:00 pm Council. Chambers Monday, February 19' who stated he had no stated the International City- County in San Antonio last fall. He read Mr. ployment accomplishments through the years from an award Mr. conference recognizing 25 years of service to local government. Mr. Kessel cane forward addressing and thanking Mayor Carpenter, City Council (present and past), the very welcoming community members of Schertz and the wonderful and hardworking members of city staff for seven amazing years of service. He stated this has been the highlight of his 25 -year career, making cities better places for people to live. He understands there can be uncertainty during times of change, and you can get caught up in the moment and forget to look to the future with a positive and hopeful heart. The city manager position serves at the will /pleasure of council and he knows that and believes in it whole heartedly. This was put in place in 1974 . by the people of Schertz when they adopted the home rule charter. He hopes everyone steps forward during this time of change with full effort and enthusiasm and continue to make the City of Schertz even better. 01 -23 -2018 Minutes page - 3 - He is proud of what we all accomplished together as a team and leaves with confidence that all the pieces are in place for a positive transition to the next chapter for all of us. May God bless each of you and the City of Schertz. Mr. Kessel left the Council Chambers. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Michele Tereletsty, 705 Marilyn Drive, who spoke about '`person of Schertz' always being the last one to speak during this section of the agenda,,.",, Also, Fridays may not be a good day to call special meetings in the future. She described observations of several members of Council that evening. She promised to advise them of more future Council observations. • Ms. Mary Burks, 3737 Pebble Beach, who thanked the members of Courti for recently voting to have one of the parks in the city narnet after her, She presented a book to Mayor Carpenter about a town in Georgia — Union Town 'Georgia that is just like Schertz. Ms. Mynette Benedict 3438 Meadow Head, who thanked the Council, the Mayor, the for er City Manager and the citizens. She is here tonight on behalf of herself to thank them all for Their years of service. She appreciates their support in their mission at the housing authority in the local area. She has been here 15 years and her time working with Mr. Kessel has ''been a wonderful, opportunity. She spoke of the founding fathers of the community arid-said they were hoping to keep our reputation. The housing authority depends a lot on the City of Schertz for cooperation and she feels that in the past they have had that and especially for Mr. Kessel who has meant a lot to them. She just wanted to tell him thank you and that his loss will be greatly felt. She hopes the Council will use their wisdom and guidance in their future decisions and that it will be based on the needs of our community and not politics. • Mr. Mark Moody, 2901 Bent Tree Drive, who was unaware of the Friday night meeting. He was disappointed in that and also the decision that was made. He feels the citizens opinions didn't matter. He is disappointed Mr. Kessel is not here for him to thank for the 01 -23 -2018 Minutes Page - 4 - work that he has done; he was very engaged, visible and accessible. He thinks the city will suffer some loss because of it. His confidence in Council right now is shaken. • Mr. J. R. Rhoades, 609 Marilyn, who spoke about the recent removal of yard sale permit requirements; he thanked them for that. He also spoke about the Rules of Conduct and that our Council has recently been discouraging Facebook postings and personal opinions by our local elected officials (i.e., Councilmembers, City Board Members). He feels that because we are all private citizens as well, we should all be able to exercise our right to engage in this activity freely. • Mr. Jeff Womack, 2944 Mineral Springs, who stated he had an opportunity to thank Mr. Kessel for his service earlier this evening. Business wile be disrupted for a long time as this is not a quick fix. He spoke about the expense of the severance package for Mr. Kessel and hiring a new manager. He brought a case of water aas a gift to Council to replace all the bottles of water he may have consumed in the past at city council meetings, • Mr. Dana Eldridge 2628 Gallant Fox Drive, who spoke about Friday evening's decision to force the resignation ,cif the City Manager. He feels it was a poor decision. Many citizens spoke well of the City Manager. There is a lot of hurt and sadness for many citizens, Mr. Kessel's family, etc. - -and the city's reputation is declining. Allegations, petty, personal charges aid gut feelings, nothing with a valid nature, reflects arrogance in our leadership. • Mr. Robin Thompson, 967 Oak Ridge, read a letter he had prepared addressed to Mayor Carpenter. The letter requests an item be added to an upcoming agenda of the Council soon. He requests that a complete financial accounting of the Council's decision be undertaken and updated by the City staff on a monthly basis to the Council and residents. The letter also requests the name of the city fund(s) that is paying for this expense and what programs are being defunded in order to pay for the Council's decision. • Mr. William Boynton, 619 Mitchell Ave, who stated he has been here since 1989. H has never once complained about his property taxes. We have a quality of life here that is quite unique and worth paying for. He thanked Councilmember Larson for answering some 01 -23 -2018 Minutes Page - 5 - questions he had. Councilmember Edwards answer was we can't talk about it. Apparently, it is expected for citizens to pay their taxes but not entitled to answers. He is disappointed and feels Council really doesn't care about what he thinks or what anyone else thinks. • Ms. Cyndi Pressler, Legacy at Forest Ridge, who stated she is not a citizen of Schertz, but she spends almost seven days a week working on behalf of your citizens and their elderly parents, adult children and grandchildren. Millennials own the company she works for. She feels she is a good judge of character. It has not failed her yet. You serve the public, not your own self. - interest; close your ears to pettiness. Thank you, Jahn Kessel. I'm sorry you are not here. He is an extreme gentleman, high integrity. • Ms. Michelle Womack, 2944 Mineral Springs, who had" just intended to come and thank Mr. Kessel. She thinks he is a great person. She doesn'tknow ofnyone who had anything negative to say about him or his performance for ctnr City. The peopl she knows are upset and angry and they want to know why he had to be removed. She appreciates those councilmembers who took her phone calf end talked with her. She hopes," that those councilmembers who still have not responded to any citizens inquiry do sa, citizens need to know what is going on in the city; it is their right t1 know:` She is currently waiting for records. Before the city hires anyone else, she doesn't want to see anyone fired over coffee and water, even if it wasn't the onireason. She also spoke about social media posts. She finds this an embarrassment and thinks we can and should do, better. Workshop Councilmember Gutierrez made 'a motion to appoint Councilmember Scagliola as the next Mayor Pro -Tem. Councilmember Larson made a second to the motion. The vote was 4 -3 -0 with Councilmembers'Gutierrez, Larson, Scagliola, and Davis voting yes and Mayor Pro -Tem Edwards, Councilmembers Kiser and Crawford voting no. Motion Passed. Mayor Carpenter confirmed with City Secretary Brenda Dennis that at the next meeting which will be in February, they will perform the transition. 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. 01 -23 -201.8 Minutes Page - 6 - 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of January 9, 2018. (J. Kessel /B. Dennis) 2. Ordinance No. 18 -S -01 — Consideration and or action on a request to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment/Multi- Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1518 and IH -10. Final Reading (B. James /L. Wood/ B. Cox) ORDINANCE NO. 18 -S -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING' MAP BY REZONING APPROXIMATELY 27 ACRES OF LAND FROM PRE- DEVELOPMENT DISTRICT (PRE) TO APARTMENT /MULTI - FAMILY RESIDENTIAL DISTRICT (R -4). 3. Ordinance No. 18 -S -02 - Consideration and or action on a request to rezone approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. Final Reading (B. James /L. Wood/ E. Grobe) ORDIN AN ORDINANCE BY THE CITY COUNCIL I OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY lI ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO NEIGHBORHOOD SERVICES DISTRICT (NS). 4. Ordinance N4. , I8 -S -0 - ��Considerati6n and or action on an amendment of Part III, Schertz Codes ' of Ordinan e i, Unified Development Code (UDC), Article 10, Section 1.10.4 Schedule cif Off - Street Parking Requirements. Final Reading (B. James /L. Woad/ E. Grobe) ORDINANCE NO. 18 -S -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 10, SECTION 21.10.4 SCHEDULE OF OFF- STREET PARKING REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 5. Ordinance No. 18 -S -04 - Consideration and /or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), update "Director of 01 -23 -2018 Minutes Page - 7 - Development Services" and to remove "Development Services Department ". Final Reading (B. James /L. Wood/ E. Grobe) ORDINANCE NO. 18-S-04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), UPDATE "DIRECTOR OF DEVELOPMENT SERVICES" AND TO REMOVE "DEVELOPMENT SERVICES DEPARTMENT".; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Closed Session Mayor Carpenter 13. City Council 'will. meet Government Code, Pers City Manager. Mayor Carpenter reconverted in 13a. meeting dt 7:27p.m. into closed session. closed session: under section 551.074 of the Texas Matters to,,, deliberate the appointment of an acting lar Session at 7:40 p.m. held in closed session under Agenda Item 13. Mayor 'Carpenter recognized Councilmember Davis who made a motion to appoint Mr. Brian James as, the Acting City Manager seconded by Councilmember Crawford. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagli©la, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter requested that Mr. James join Council on the dais. Mayor Carpenter moved back to Item 6 on the agenda. 01 -23 -201.8 Minutes Page - 8 - 6. Resolution No. 18 -R -07 — Consideration and /or action approving a Resolution authorizing the Advanced Funding Agreement from TxDOT for the Schertz Pedestrian Routes and Bike Lanes project. (B. James /L. Shrum) RESOLUTION NO. 18 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET - ASIDE PROGRAM PROJECT KNOWN AS SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who provided a map of the area she would speak of. This is a project with TxDOT as they are the distributor of the Federal Transportation Funds the city needs to enter into this agreement to receive those funds for this project. There were no questions /comments from Council. 7. Boards, Comirisions and Committee Member Appointment Consideration and/or action appointing I I , LaDouna Bacon as a're' ular member to the Planning and Zoning Commission. (Mavor /Council/B: Dennis) Carpenter- :recognized, City Secretary Brenda Dennis who stated the Interview ittee met and interviewv , tie candidates and voted unanimously to appoint Ms. Bacon board vacancy, Mayor Cpenter recogtized Councilmember Davis who made a motion to approve the appointment of Ms. LaDonna Bacon as a regular member to the Planning and Zoning Commission seconded by Councilmember Crawford. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser, and Crawford voting for and no one voting no. Motion passed. 8. Appointment of an Interim City Manager — Discussion and possible action regarding the appointment of an Interim City Manager. (Mayor /Council) Mayor Carpenter stated we already addressed this item earlier. No further action was taken. Mayor Carpenter moved to Item 12 of the agenda. 01 -23 -201.8 Minutes Page - 9 - Closed Session Mayor Carpenter recessed the regular meeting at 7:44 p.m. into closed session. 1.2. 1.4 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 del berate the offer of a financial or other incentive to a business prospect. • Project E -037 • Project E -038 City Council will meet in Government Code, regarding severance for Mr. Kessel. closed session Consultation Mayor Carpenter reconvened into Regul 12a. Take any action. No action was U 14a. Take any action. Mayor Carpenter 'sta"i which were added b, these this evening but responses from Counc 551.071 of the Texas Attorney to discuss the under Agenda Item 12. ed session under Agenda Item 14. ouncilinomber Gutierrez who made a motion, seconded by the compensation severance package for Mr. Kessel not to !vote was unanimous with Mayor Pro -Tem Edwards, -rrez, Larson, Scagliola, Kiser and Crawford voting for passed. we would go back to our regular order of business; items 9, 10, and 11, rrtself mostly as placeholders. He didn't have a need to address any of council wished to take up any of them he would do so. Since there were no he moved on to the Roll Call Vote. 9. Discussion and possible action regarding the City Council Code of Ethics, including but not limited to the section titled "Ethical Conduct Rules ". (Mayor Carpenter) 1.0. Discussion and possible action regarding the City Council Rules of Conduct and Procedure, including but not limited to the Code of Conduct; Article 2, section 2.2.13; Article 2, section 2.5; and Article 3, section 3.5. (Mayor Carpenter) 01 -23 -201.8 Minutes Page - 10 - 1.1. Discussion and possible action regarding the City Charter, its individual and several provisions and possible interpretation(s) and /or clarifications by the City Council, including but not Limited to Article 4, Section 4.07, Prohibitions; and Section 4.08, Powers of the City Council. (Mayor Carpenter) Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for the W and 14a. Requests and Announcements 1.5. Announcements by City Manager. Mayor Carpenter recognized Acting City Manager Bri of good folks working at the city and corarnitted,to, the continue to work together to move the city forwaid 1.6. Requests by Mayor and Councilm embers that agenda. ames who r and rest Item, Items 1 -7, 13a are a lot will all on a future City Council Carpenter asked Councilm naber Crawford what you are asking is to engage a third assist us in the process' of hiring a new City Martager. Counciliaiember Crawford stated a third -party attorney. Mayor Carpenter stated that he doesn't nece ri1 r dtink it would be an attt mey but lea's put on a future agenda a discussion for flii, City Council to decide whether or not we would like to engage a third - party lima to assist us in our search for a new City Manager, he thinks that is appropriate. 01 -23 -201.8 Minutes Page - 11 - Councilmember Craw-rord stated that we can discuss sorne ofthose issues. We don't have much experience on Council, certainly the members here, he believes you do (Mayor) and maybe Councilmember Sca 9 liola, but it has been a while and he is concerned about trying to make sure we do things correctly and have things set up. Mayor Carpenter stated that definitely there are firms out there that specialize in this action. So, let's have a discussion and possible action by the City Council to decide whether or not we want to engage a third-party firm to assist us in their search fpr a new city manager, He confirmed with the City Secretary to put it on the next agenda as time is of the essence. Mayor Carpenter recognized Councilmember complete transparency to our citizens, he reqi Fridays for every Tuesday to include the thirc no scheduled meeting, the only item to be po� scheduled City Meeting will take place this T citizens are informed and will not be surprised Mayor Carpenter stated he thinks the way to do that is to have an item on the next agenda for discussion and possible action with regard to the city-` uncil's master calendar and meeting notification procedure. 17. Announcements by N/ • City and ,coxnr • City Council,( ,Continuing ed • "'Recognition o • Recognition o ,eats attended and to be attended !e And Liaison Assignments (see assignments below) vents attended and to be attended by City employees by community volunteers ognized Councilmember Davis who stated as a reminder, there is a ttee meeting immediately following the current council meeting Mayor Carpenter recognized Councilmember Gutierrez who stated this Saturday is the Health and Wellness event at the Civic Center. Mayor Carpenter recognized Councilmember Larson who stated he had a brief opportunity to attend the Student Mayor/Council Program today. He thanked City Secretary Brenda Dennis for putting this program together. 01-23-2018 Minutes Page -12 - Mayor Carpenter recognized Councilmember Scagliola who stated this has been a very challenging week for everyone. For the record, when Mr. Kessel was hired as the City Manager, he was given a simple mandate: Take the City of Schertz to the next level. He not only did that, he exceeded expectations. He has and will continue to have the utmost respect for Mr. (John) Kessel, both professionally and personally. He conveyed that to him earlier this week and he thanked him for a job well done. Additionally, he thanked City Secretary Brenda Dennis for coordinating the Student Mayor /Council for the Day program. Mayor Carpenter recognized Councilmember Crawford who also thanked City Secretary Brenda Dennis for all she does for the Student Mayor / Coneil for the Day program. He also thanked Engineer John Nowak for doing a fine job explaiing to him the paving work being done on Live Oak Road and answering all his questions. Mayor Carpenter stated he will be providing the City Secretary with the letter that was given to him by Mr. Robin Thompson, so s1 �"oan provide copies to the re t of�Council so that they can consider his request for a future agenda item. Mayor Carpenter took a brief moment to ask the city Attorney a question which was: If they could fix Mr. James compensation, during the time he works as the acting city manager. He asked City Secretary Brenda Denn,towork with City Attomey.Dan Santee to put this as an item on the next agenda. Mayor Carpenter recogn Womack and others he that those documents ha-, some type of legal opini time. ATTEST: Brenda Dennis, City Secretary Mayor Pro -Tern Edwards ' cvho stated he wanted to let Ms. asked him what went: bn in the closed session last Friday, ,n given to City Attorney Dan Santee and as soon as they get )out that, he will be happy to answer their questions at that 01 -23 -2018 Minutes Page -13 - adjourned the meeting at 8:58 p.m. Michael R. Carpenter, Mayor Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Public Works Subject: Resolution No. 18 -R -09 Authorizing expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $1.40,410 for professional engineering design services for the 2018 Drainage Maintenance Project and other matters in connection therewith. BACKGROUND In an effort to eliminate ongoing maintenance and safety issues for the City's drainage staff and citizens, the Drainage Department recommended completing several projects throughout the City as part of the 2018 Drainage Budget. The list of projects includes five concrete rip rap projects as well as two underground drainage project. Lockwood, Andrews & Newnam, Inc. (LAN) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -56, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R -52. On January 9, 2018, Council approved Resolution 18 -R -02 authorizing expenditures with LAN totaling no more than $75,000 for professional engineering- related services on various separate and unrelated projects, each of which has a value of less than $50,000, during the 2017 -2018 fiscal year. The CCM accompanying Resolution 18 -R -02 included reference to these drainage maintenance project and explained that these projects would be brought to Council separately for approval when staff was ready to proceed. Resolution 1.8 -R -02 is attached for your reference. The City is ready to move forward with the engineering and design phase of the drainage maintenance project. This phase will include environmental investigation, hydraulic analysis, utility coordination, and design. The scope of work for the Engineering and Design Agreement also includes phases for bidding and construction phase services. Based on qualifications, experience, and history of the project, staff recommends contracting with Lockwood, Andrews, and Newnam (LAN) for the 2018 drainage maintenance project. 2018 Drainage Maintenance Project Engineering and Design Services $ 127,645.50 Contingency 1�) $ 12,764.50 Project Total $ 140,410.00 Goal This Resolution will allow the City to secure the engineering services necessary to complete the design of and assemble a bid package for the construction of the 2018 drainage maintenance projects. Summary of Recommended Action Based on qualifications, experience, and history of similar projects, staff recommends hiring Lockwood, Andrews, and Newnam (LAN) to complete the engineering and design for the 2018 drainage maintenance projects. FISCAL IMPACT The project costs, including engineering, design, and construction, will be funded from the FY 2017 -2018 approved Drainage budget. Staff recommends Council approval of Resolution 18 -R -09 ATTACHMENTS Resolution 18 -R -09 2018 Drainage Maintenance Projects — Location Map Resolution 1.8 -R -02 RESOLUTION NO. 18 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH LOCKWOOD, ANDREWS AND NEWNAM INC., TOTALING NO MORE THAN $140,410 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE 2018 DRAINAGE MAINTENANCE PROJECTS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires professional services relating to engineering and design services for the 2018 Drainage Maintenance Project; and WHEREAS, City staff has determined that Lockwood, Andrews and Newnam, Inc., is qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, Lockwood, Andrews and Newnam, Inc. is an approved On -Call Engineering Service for the City of Schertz; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Lockwood, Andrews and Newnam, Inc., pursuant to the On Call Engineering Project Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Lockwood, Andrews and Newnam, Inc., in substantially the form set forth on Exhibit A, totaling no more than $140,410 for professional engineering design services for the 2018 . Drainage Maintenance Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A FEW RESOLUTION NO. 18 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH LOCKWOOD, ANDREWS, AND NEWNAM, INC., TOTALING NO MORE THAN $75,000, FOR PROFESSIONAL ENGINEERING - RELATED SERVICES ON VARIOUS SEPARATE AND UNRELATED PROJECTS, EACH OF WHICH IS LESS THAN $50,000, DURING THE 2017 -2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") requires professional engineering and surveying services for the completion of various separate and unrelated projects; and WHEREAS, City staff has determined that Lockwood, Andrews & Newnam, Inc. (LAN) is qualified to provide such services for the City; and WHEREAS, LAN, Inc., is an approved On -Call Engineering Firm for the City of Schertz; and WHEREAS, the City Council has already authorized projects totaling approximately $108,000; and WHEREAS, the City Council authorizes City Staff to use LAN for the design of various separate and unrelated projects, each of which is less than $50,000, to be invoiced in an amount not to exceed $75,000 for the 2017 -2018 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver Agreements with LAN, Inc., in accordance with their approved Master Agreement. Engineering - related services will be provided for projects and minor consulting tasks and total expenditures for those Agreements, each of which is less than $50,000 in value, shall not exceed $75,000 for the 2017 -2018 Fiscal Year. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9th' day of January, 2018 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF fI RTZ, TEXAS r d�cael R. Carpenter, Mayor -2- Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 9, 2018 Department: Engineering Subject: Resolution No. 18 -R -02 - with Lockwood, Andrews & Newnam, Inc., totaling no more than $75,000 for professional engineering - related services on various separate and unrelated projects during the 2017 -2018 fiscal year Lockwood, Andrews & Newnam, Inc. (LAN) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -56, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R -52. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. In addition to ongoing projects with LAN, the City has several projects coming up (outlined below) for which professional engineering services will be required, and :LAN is qualified to provide such services. In addition to the known projects, the Engineering and Public Works Departments have a periodic need for engineering and/or surveying services with limited scope. As such, it is desired that Staff have the ability to request consulting services to be provided and invoiced on an hourly basis as needed. Any contract with a value of $50,000 or greater proposed to be awarded to LAN will be brought before City Council for approval. Staff requests the ability to process agreements with LAN that have a value less than $50,000 — for which funds are budgeted — without further specific Council approval. Table 1 below lists current, active agreements between the City and LAN. Dollar amounts for the agreements have previously been budgeted, funded, and approved. Amounts allocated to these approved agreements were authorized in a previous fiscal year and the expenditure of the authorized amounts typically spans more than one fiscal year. These projects and amounts are not included in the requested not -to- exceed expenditures for which authorization is being requested herein. TABLE 1 Current Professional Service Agreements Contract Amount Lower Seguin Road $71,640 Fire /EMS Oil -Water Separator $29,545 Greenrid e Drainage Study $6,210 Table 2 lists projects for which Staff expects to contract with LAN during the 2017 -2018 fiscal year that will be greater than $50,000. Each of these agreements will be brought to Council for individual approval authorization and is listed to inform Council as to anticipated future contracts with LAN. TABLE 2 Known Proposed Projects >$50,000 Contract Amount Drainage Maintenance Projects $128,500 estimated Roadway Maintenance /Reconstruction (PCI) $300,000 (estimated) Table 3 lists projects for which Staff expects to contract with LAN during the 2017 -2018 fiscal year that are expected to be less than $50,000 each. These agreements will not be brought to City Council for individual approval. When the value of an agreement is less than $50,000, the City Manager has approval authority. Proposed Projects <$50,000 each Contract Amount Lazar Parkway ROW Drainage Study $7,500 estimated Miscellaneous Tasks each less than $50k $67,500 to be determined as needed Staff is requesting authorization for expenditures for the Lazar Parkway ROW Drainage Study, East Dietz Creek Silt Removal and other Miscellaneous Tasks totaling not more than $75,000, spread over multiple agreements, no one of which is greater than $50,000, during this fiscal year. GOAL To obtain authorization from City Council to expend an additional amount not to exceed $75,000 with LAN to provide professional engineering - related services on small individual agreements each less than $50,000 contracted during the 2017-2018 Fiscal. Year. Staff recommends that Council approve Resolution 18 -R -02 authorizing additional expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $75,000 for professional engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -201.8 fiscal year. FISCAL IMPACT There is no direct fiscal impact by this Resolution. Each project will be appropriately funded and proper procedures for any necessary budget adjustments will be followed prior to any work being authorized. ATTACHMENTS Resolution 18 -R -02 Project Summaries Now ENGINEERING Project summaries for current and proposed projects utilizing Lockwood, Andrews & Newnam, Inc., (LAN) for professional engineering services. Projects Currently Under Contract: - Lower Seguin Road Bridge Reconstruction o Fully reconstruct the low water crossing at Lower Seguin Road and Cibolo Creek. In June of 2016 the bridge was found to be structurally unsound. The new bridge utilized two 4' x 3' box culverts to increase the flow capacity while also widening the bridge by six feet. This project is a joint project between City of Schertz, City of Cibolo, Bexar County, and Guadalupe County. LAN was contracted to design the full construction plan set and specifications as well as assist with construction administration. Current status — Construction complete, construction contract close -out underway - Fire /EMS Oil -Water Separator o Replace /repair the failing plates covering the existing oil -water separator between Fire Station 1 and the EMS Station on Schertz Parkway as well as revise the best practices used to collect the effluent from vehicle washing activities. The existing oil -water separator failed under the loading of the heavy vehicles in the Fire Department's fleet. LAN was contracted to investigate the feasibility of reinforcing the structure of the existing oil - water separator to handle the increased loading while also evaluating the most effective way to meet the Texas Commission on Environmental Quality (TCEQ) stormwater regulations as it relates to vehicle washing. Current status — Geotechnical investigation led to determination that it is not feasible to repair existing structure in place. Engineering Staff and LAN working together with Fire and EMS Departments to develop alternate concept for vehicle wash area and runoff capture. - Greenridge Drainage o The city received complaints from private subdivision Scenic Hills HOA alleging that stormwater runoff down Greenridge Street from upstream Fairhaven subdivision is bypassing a stormwater inlet and contributing to the failure of their roadways. LAN was contracted to obtain limited survey data and analyze the existing conditions for cost effective alternatives that can be implemented to reduce the runoff entering the private street. January 4, 2018 1 of 2 NOW ENGINEERING Current status — Draft report of results of survey and recommended solution has been received and is under staff review. Proposed Projects: - Drainage Maintenance Projects (2018) o In order to aid the Drainage Department with maintenance activities requiring engineering - related services (survey, design, etc.), seven locations around the City will have concrete rip rap, concrete channel lining, or underground storm drain installed to address various maintenance challenges. It is proposed that LAN be contracted to prepare construction plans and specifications for all seven locations to be bid as a single package in order to receive the most favorable pricing from contractors. Where necessary, LAN will also perform the necessary evaluations to show that no adverse impact will occur from work in the floodplain. Current Status — Project scope and fee proposal currently under staff review. - Roadway Maintenance /Reconstruction (aka — PCI Project) o Based on the Pavement Condition Index (PCI) Study performed on all City streets, staff refined a list of street segments that will be rehabilitated as part of the City's developing roadway preservation program. The project will involve methods ranging from the application of new surface treatments to full reconstruction. The proposed work requires engineering and other professional services such as geotechnical testing, surveying, design, specification, and construction phase support. Current Status — Project scope and fee proposal pending. - Lazar Parkway o A nuisance stormwater runoff condition exists downstream of stormwater conveyance structures exiting The Reserve at Schertz subdivision (across right of way dedicated as "Lazar Parkway "). LAN will provide a drainage analysis and conceptual designs and cost estimates of alternative solutions. Current Status — Project scope and fee proposal currently under staff review. January 4, 2018 2 of 2 Update on Engineering Projets allocated to Lockwood, Andrews and Newman .( ) approved As City Council Resolution 1913 0 .... SE Current Professional Service Agreements Contract Amount Amount Billed Amount Remaining (as of 2/9/18) Lower Seguin Road $ 71,640.00 $ 67,146.00 $ 4,494.00 Fire /EMS Oil -Water Separator $ 29,545.00 $ 16,655.00 $ 12,890.00 .; Known Proposed Proiects >$50,000 Contract Amount Amount Billed Amount Remaining (as of 2/9/2018) Drainage Maintenance Projects $ 127,645.50 Pending Approval N/A Roadway Maintenance /Reconstruction (PCI $ 300,000.00 1 Estimate I N/A TABLE 3: (Authorized under 18 -R -02, N.T.E. $75,000) Proposed Projects <$50,000 each Contract Amount Amount Billed Amount Remaining (as of 2/9/2018) Greenrid e Drainage Construction Document Preparation $ 12,495.00 Pending Proposal N/A Lazar Parkway ROW Drainage Study $ 7,500.00 Pendin Pro osal N/A Remaining Miscellaneous Tasks (each less than $50k) $ 55,005.00 To be used as necessary N/A As of 02 -09 -2018 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Public Works Subject: Resolution No. 18 -R -12 — A Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with J3 Company, LLC for the East Dietz Creek Concrete Rip Rap project. BACKGROUND This area of East Dietz Creek has been a maintenance /mowing issue since it was constructed. This will help in stabilizing the slope to prevent washouts and will also be safer for City Drainage Staff to maintain this area. The City of Schertz is utilizing TxDOT standard plans and specifications for the design of the concrete rip rap. This project was publicly bid using the Competitive Sealed Proposal Method. Eleven (1.1) proposals were received for the project. Selection of the most qualified contractor was based not only on cost, but the following additional criteria: qualifications of the respondent firm and experience on similar projects; experience on public projects; available resources to complete the project; corporate history and stability; and references. Public Works reviewed all bids and recommends J3 Company, LLC to perform the work. J3 Company has proposed to perform the work for $128,900.00 and the city will also put in a contingency of $19,335.00. Once the contract is authorized, construction is planned to begin within two to three weeks. The contract duration is expected to be 60 days. GOAL Award bid to J3 Company, LLC to install concrete rip rap in East Dietz Creek in order to reduce regular maintenance on the existing slope. COMMUNITY BENEFIT Construction of the new concrete rip rap will reduce the burden of maintenance for City Drainage Staff, create a safer working area, and also prevent future washouts. FISCAL IMPACT This project will be funded from Drainage Funds that were allocated in the approved FY 16 -17 Drainage Budget. The $170,000 of funds allocated have been placed into a construction project account. RECOMMENDATION Staff recommends Council approve Resolution 18 -R -12 authorizing the City Manager to enter into a contract with J3 Company, LLC at their bid price of $128,900.00 with an amount not to exceed of $148,235 for the East Dietz Creek Rip Rap Project. ATTACHMENTS Resolution 18-R-12 Bid Scoring Overhead photo of rip-rap work area RESOLUTION NO. 18 -R -12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONSTRUCTION CONTRACT WITH J3 COMPANY, LLC FOR THE EAST DIETZ CREEK RIP RAP PROJECT. WHEREAS, the City solicited competitive sealed proposals from qualified vendors for constructions services related to the East Dietz Creek Rip Rap Project; and WHEREAS, after analysis of the responses provided by each of the eleven (11) prospective vendors, City staff has determined that J3 Company, LLC can provide the best product at the best value; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with J3 Company, LLC pursuant to the recommendation made by City Staff, and WHEREAS, the project will be funded by an allocation of funds from the approved FY 1.6 -17 Drainage Budget BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with J3 Company, LLC in the amount of $128,900.00 with a not to exceed amount of $148,235.00 for the East Dietz Creek Rip Rap Project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael. Carpenter, Mayor M East Dietz Creek Rip Rap Project Companies and addresses 1. C -3 Environmental Specialties, LP 132 Nell Deane Schertz Tx. 78154 2. Clearfield Construction 5150 Broadway, #170. San Antonio Tx. 78209 3. Dalrymple Gravel & Contracting Co., Inc. 3790 FM 78 McQueeney Tx 78123 4. Dorazio Enterprises, Inc 143 N. Tower Dr. San Antonio Tx. 78232 5. Hill Country Bridge Inc. PO Box 376 Bulverde Tx. 78163 6. J. Stewart Construction, LLC 26782 Bulverde Rd. San Antonio Tx. 78260 7. J3 Company PO Box 129 Comfort Tx. 78013 8. Leland Brandlee Construction 4815 Whitehurst Dr. Longview Tx. 75602 9. Meyers Concrete Construction LLC. 2301 FM 3237 Wimberly Tx. 78676 10. Presidio Contracting LLC. 10927 Wye St. Suite 108 San Antonio Tx. 78217 11. SA Paramount Co., Inc. 825 East Myrtle St. San Antonio Tx. 78212 East Dietz Creek Concrete Rip Rap Project RFCSP #17- PW44 -C -02 1 2 Total Base Cost Value to Lowest Cost Total Score (Points x %) Proposal Respondent Item Description CONCRETE RIP RAP REVEGETATTON % 45 C3 Environmental Specialties Lump Sum $ 191,480.00 $ 5,950.00 $ 197,430.00 65.29% 29.38 Clearfield Construction Lump Sum $ 191,345.96 $ 81400.00 $ 199,745.96 64.53% 29.04 Darum le Gravel& Contracting Lump Sum $ 154,000.00 $ 8,000.00 $ 1.62,000.00 79.57% 35.81 Dorazio Enterprises, Inc Lump Sum $ 273,932.13 $ 9,050.87 $ 282,983.00 45.55% 20.50 Hill Country Bride Inc Lump Sum $ 137,000.00 $ 13,000.00 $ 150,000.00 85.93% 38.67 J. Stewart Construction, LLC Lump Sum $ 220,396.89 $ 10,000.00 $ 230,396.89 55.95% 25.18 J3 Company, LLC Lump Sum $ 127,700.00 $ 1,200.00 $ 128,900.00 100.00% 45.00 Leland Brandlee Construction Lump Sum $ 121,800.00 $ 10,000.00 $ 131,800.00 97.80% 44.01 Myers Concrete Construction Lump Sum $ 174,578.00 $ 5,600.00 $ 180,178.00 71.54% 32.19 Presidio Construction, LLC Lump Sum $ 158,700.00 $ 8,533.00 $ 167,233.00 77.08% 34.69 SA Paramount Company, Inc. Lump Sum $ 137,003.00 $ 3,850.00 $ 140,853.00 91.51% 41.18 CITY OF SCHERTZ East Dietz Creek Concrete Rip Rap Project RFCSP #117- PW44 -C -02 Qualifications of Respondent Firm & Experience on Similar Projects Experience on Public Projects Available Resources to Complete Project Corporate History and Stability References Total Criteria Scoring Cost Score Total Score Rank Pro osal Respondent 15 10 20 5 5 55 45 155 1 - 8 C3 Environmental Specialties 07.67 06.00 13.67 04.33 04.33 36.00 29.38 65.38 9 Clearfield Construction 14.00 10.00 16.67 04.33 05.00 50.00 29.04 79.04 5 Darumple Gravel& Contracting 11.67 09.33 00.00 05.00 05.00 31.00 35.81 66.81 8 Dorazio Enterprises[ Inc 14.00 09.33 19.33 05.00 05.00 52.67 20.50 73.16 7 Hill Country Bridge, Inc 13.00 10.00 18.00 04.33 05.00 50.33 38.67 89.00 2 J. Stewart Construction., LLC 05.00 04.00 00.00 00.33 00.00 09.33 25.18 34.51 11 J3 Company, LLC 13.67 10.00 19.67 05.00 05.00 53.33 45.00 98.33 1 Leland Brandlee Construction 02.33 02.33 00.00 00.00 04.33 09.00 44.01 53.01 10 Myers Concrete Construction 14.33 10.00 19.67 05.00 05.00 54.00 32.19 86.19 4 Presidio Construction, LLC 14.67 10.00 19.33 05.00 05.00 54.00 34.69 88.69 3 SA Paramount Company, Inc. 14.33 10.00 01.00 05.00 05.00 35.33 41.18 76.51 6 Evaluator's Key Qualifications of itespoodent Firm and Experience on Similar Proiee Qualifications of firm in executing similar projects utilizing the Competitive Sealed Proposal or other procurement methods and qualifications related to collaborating with design partners in construciability and Value Analysis in this deliver Experience on Public Projects Relatedproject esperienve with the other public owners including head ipalit , :,hool di,triels. and o the, local govemme, n l a ntitic., as well as cNirriene, with Joral : beontraehas, with parti-laraticninat to individuals who would be assigned to this Pr Ject Available Resources to Complete Project This criterion would ineludepersonnel, resources and methodologies commonly used by y firm that may be applicable to the project categories. Corporate history and stability 'This criterion includes the h tncal stability of the Rcsrondeet, its vorporate structure and longevity, it: history inv olving litigation or arbitration with owners and subcont tors, and a_ttncnt of any liquidated damages that hae previously been withheld by pub 1-n er clients of the Respondent on projects in the last five (5) years. References IN, Additional Instruction 3' WIDE BERM z ACCORD. TO ENGINEER DESIGN 40' MAX. (4 SPACES a 10' -0 ") m m 4" 101-0" I0' -01 10' -01 10' -0` ° z .a- n s- ,-a- *.'.'� W FNO�2 BAR C, CONCRETE FOOTING---,,,, A THICKNESS _ 4 INCHES r. '� _ , ... .. ,• 6- WOOD FLOAT FINISH BARS 'A' AAA 3 - m4 BARS '• ., B BARS "A" CONT, !!!"`JRRRJJJ---- • y,•' 2" WEEP HOLES /• '�. ALSO SEE GENERA NOTE NO. 5 = REINFORCING * AT 5' -0` SPACING Ali. ON THIS SHEET a .3 AT 12' C.C. (VERTICAL BARS) ^3 AT I8^ C.C. [HORIZONTAL BARS) ALSO SEE GENERAL NOTE NO. 5 •?`,., ON THIS SHEET •• 6" MIN z 12 "xl2' GALV. HARDWARE NO.3 BARS m CLOTH 'Y8' MESH a 12' C• C. 3. _ GRAVEL OR CRUSH STONE •. FILTER MATERIAL - GRAVEL OR CRUSH STONE �� �1•_p- 1007. PASS 1. Mr 1 N 'l - GALV. HARDWARE 100% RET NO. 4 v , CLOTH 2 5' -O` 3 SECTION A - A CONT, BARS °B' CONCRETE RIPRAP DETA I L I� C'' ® s BARS 'B' —_° —o REBAR DETAILS' _ EXPANSION JOINT I A 0 40' SPACING N. DOWEL BARS l-4> 2' ^0' LONG AT IB" C.C. POURED EXPANSION JOINT MATERIAL CONSTRUCTION JOINT CONCRETE FOOTING G 10' SPACING WITH TWO LAYERS -15 FELT PAPER CONFORMING TO DMSSiJ9 ALSO CONFORMING TO SPEC. 360.2/8) THIS SHEET EXPANSION SEE.GENERAL NOTE N0. N JOINT tONE SIDE OF EXPANSTO}J JaT0Y�F3LY) PLAN VIEW Q 40' SPACING CONCRETE RIPRAP DETAIL 16 °� lF TI EXPANSION JOINT COMPOSED OF 1 "X8" CYPRESS OR REDWOOD PREMOLDED EXPANSION JOINT 12' q- I" CONFORMING T0.➢Mi.6iL4_ MATERIAL CONTINUOUS THROUGH �•••••••••••�•••••••••, •� OR BETTER FO CYPRESS" r —~ TOE WALL TO EXPANSION �rl•�, xxxxx i MATCH CONSTRUCTION HEART GRADE JOINT ON SLOPE, CONFORMING TO NOTES Itt, II\E\s4N�� FOR REDWOOD OMS -fi310 SECTION B - B I. GRAVEL OR CRUSHED STONE USED FOR WEEP HOLES SHALL 'EXPANSION JOINT' BE PLACED CONTINUOUSLY ALONG BACK OF RIPRAP AND SHALL NOT BE PAID FOR DIRECTLY BUT SHALL BE SUBSIDIARY TO TO USED AT 40' SPACING THE ITEM 432 - 'RIPRAP (CONC,)(CL 'B')'. 2, CONCRETE SHALL BE CLASS "B" UNLESS OTHERWISE NOTED ON PLANS. jAW.FORM OR TOOL TeXOs De rtment t 3, CONSTRUCTION AND EXPANSION JOINTS SHALL BE AS SHOWN © ZOO( P� /q" MIN / V. MAX EXPANSION JOINT COMPOSED OF AND /OR AS DIRECTED BY THE ENGINEER, Of TronSpOrtOtion I' PREMOLOEb EXPANSION JOINT POURED EXPANSION JOINT MATERIAL MATERIAL CONTINUOUS THROUGH CONFORMING TO.DMS-&3.LQ ALSO 4. FOR PURPOSE OF PROVIDING EASIER PLACEMENT AND BETTER D/S TR/CT' STANDARD - TOE WALL TO MATCH EXPANSION SEE GENERAL NOTE II��D.6�— O�N- �f(HIS SHEET FIN tSH1 NG, CONCRETE SHALL BE PLACED IN ALTERNATE JOINT ON SLOPE, CONFORMING TO SECTIONS, NOT TO BE GREATER THAN TEN FEET (10') IN DMS -6310, It /4. WIDTH. CONC. R I P I RAF% WITH ed t 5. AT THE OPTION OF THE CONTRACTOR -4 BARS AT 18" MAY BE BAR RE I NF ORCEN4E N T 9bb USED SEE STANDARD SPECIFICATION FOR GENERAL NOTES. DETAILS �, :•r. 6. EXPANSION & CONSTRUCTION SEALANT. SHALL BE CLASS 8 a t.. SELF- LEVELING, LOW MODULUS SILICONE OR POLYURETHANE (WOOD FLOAT FINISH) FOR PORTLAND CEMENT. REINFORCING CONTINUOUS NOT TO SCALE THRU CONSTRUCTION JOINT 7, REFER TO AESTHETICS PLAN SHEETS FOR RIPRAP FINISH, — SECTION G - C 'CONSTRUCTION JOINT" 'I.- " °°'°" "TM Oli[ �[YlSiox 6 TO BE USED AT 10' SPACING °, ueo srue our. PROVIDING FOR CONTROLLED CRACKING r:vcuet°.noxs TEXAS ELP EL PASO ; sser, D cowurrn nee -1— re xos+ sr[<tet urtoxs 21 1 04 06T ETC. ,140LII, w ooao o,o • n r w ,Tc ITEM 432 RIPRAP 432.1. Description. This Item shall govern for the furnishing and placing of riprap of the type and details shown on the plans and in accordance with this Item. 432.2. General. Riprap furnished under this Item shall be Concrete; Stone (Type R)(Dry or Grouted); Stone (Type F)(Dry, Grouted or Mortared); Stone (Common)(Dry or Grouted); Pneumatically Placed Concrete (Class II); or Cement Stabilized. Dry Riprap is defined as Stone Riprap of the required type with voids filled only with spalls or small stones. Grouted Riprap is defined as Stone Riprap (Type R, F or Common) of the required type with voids filled with grout after all the stones are in place. placed. Mortared Riprap is defined as Stone Riprap (Type F) laid and mortared as each individual stone is 432.3. Materials. All materials shall conform to the pertinent requirements of the following items: Item 420, "Concrete Structures" Item 421, "Portland Cement Concrete" Item 431, "Pneumatically Placed Concrete" Item 440, 'Reinforcing Steel" (1) Concrete Riprap. Concrete shall be Class B unless otherwise shown on the plans. Wire reinforcement used in Concrete Riprap shall consist of welded wire fabric meeting the requirements of ASTM A185. (2) Stone Riprap. Unless otherwise shown on the plans, stone for riprap shall meet the following requirements: Riprap stone shall be a durable, natural stone and have a minimum bulk specific gravity of 2.40 when tested in accordance with Test Method Tex- 403 -A. The maximum loss of 18.0 percent with magnesium sulfate and 12.0 percent with sodium sulfate when subjected to 5 cycles in accordance with Test Method Tex - 411 -A. When testing riprap stones for soundness, crushing may be required. The soundness test will be performed on the particles passing the 2 112 inch sieve and retained on the No. 4 sieve. A verification test for the size of finished riprap stone in place shall be performed by the Contractor at a location determined by the Engineer. The test area size shall be a square, each side of which will measure a minimum of three (3) times the specified thickness of riprap. Additional tests may be required by the Engineer for each 5000 square yards (SY) of surface area of riprap or fraction thereof. Placement of subsequent 5000 SY riprap areas shall not begin until previously placed stone has been approved by the Engineer. Grout or mortar, when required, shall conform to Item 421, "Portland Cement Concrete ". Grout shall have a consistency such that it will flow into and completely fill all voids. Filter fabric shall meet the requirements of Departmental Material Specification D -9 -6200, Type 2. (a) Stone (Type R). Unless otherwise shown on the plans all stones except spalls shall weigh between 50 and 250 pounds each, and at least 50 percent of the stones shall weigh more than 100 pounds each. (b) Stone (Type F). Stones shall have at least one broad flat surface. Unless otherwise shown on the plans all stones except spalls shall weigh between 50 and 250 pounds each, and at least 40 percent of the stones shall weigh more than 100 pounds each. (c) Stone (Common). Stones shall not be less than 1/3 of a cubic foot in volume and not less than three (3) inches in their least dimension. The width of the stone shall not be less than twice its thickness. The material used for Stone Riprap (Common) may consist of broken up concrete removed under the contract or obtained from other approved sources. (3) Pneumatically Placed Concrete Riprap. Pneumatically placed concrete for riprap shall be Class 11 in accordance with Item 431, "Pneumatically Placed Concrete ", unless otherwise shown on the plans. (4) Cement Stabilized Riprap. The aggregate for this riprap shall be material conforming to Item 247, "Flexible Base ", except for measurement and payment, of the type and grade shown on the plans. Unless otherwise shown on the plans, Cement Stabilized Riprap shall contain three (3) sacks of Portland cement per cubic yard of cement stabilized riprap. (5) Special Riprap. Special Riprap shall be as shown on the plans. 432.4. Construction Methods. The slopes and other areas to be protected shall be dressed to the line and grade shown on the plans prior to the placing of riprap. Riprap and toe walls shall be placed in accordance with the details and to the dimensions shown on the plans, or as established by the Engineer, or as specified herein. Mortar or Grouted Riprap shall not be placed on embankment slopes until the embankment has been compacted to the satisfaction of the Engineer. No mortar or grout shall be placed when the air temperature is below 35 F. The work shall be protected from rapid drying for at least three (3) days after placement. Spalls and small stones weighing less than 25 pounds shall be used to fill open joints and voids in stone riprap and shall be placed to a tight fit. When filter fabric is required by the plans, the fabric strips shall be placed with the length running up and down the slope, and shall have a minimum overlap of two (2) feet. Fabric shall be secured to the slope with nails, 12 inch minimum length and washers or U- shaped pins with a nine (9) inch minimum length and a maximum spacing of 10 feet, five (5) feet on seams. Alternate anchorage devices and spacings may be used when approved by the Engineer. (1) Concrete Riprap. Unless otherwise shown on the plans, concrete riprap shall be reinforced using wire or bar reinforcement. When wire reinforcement is used, it shall be a 6 x 6 - W2.9 x W2.9 welded wire fabric or its equal. A minimum lap of six (6) inches shall be used at all splices. At the edge of the riprap, the wire fabric shall not be less than one (1) inch nor more than three (3) inches from the edge of the concrete and shall have no wires projecting beyond the last member parallel to the edge of the concrete. Wire reinforcement shall be adjusted during concrete placement to maintain its position approximately equidistant from the top and bottom surface of the slab. When bar reinforcement is used, the sectional area of steel in each direction shall not be less than the sectional area of the wire fabric described above. The spacing of bar reinforcement shall not exceed 18 inches in each direction and the distance from the edge of concrete to the first parallel bar shall not exceed six (6) inches. Bar reinforcement shall be supported properly throughout the placement to maintain its position approximately equidistant from the top and bottom surface of the slab. If the slopes and bottom of the trench for toe walls are dry and not consolidated properly, the Engineer may require the entire area to be sprinkled, or sprinkled and consolidated before the concrete is placed. All surfaces shall be moist when concrete is placed. After the concrete has been placed, compacted and shaped to conform to the dimensions shown on the plans, and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to secure a reasonably smooth surface or broom finished as approved by the Engineer. Immediately following the finishing operation the riprap shall be cured in accordance with Item 420, "Concrete Structures ". (2) Stone Riprap. Stone riprap shall be constructed in accordance with the specified type as shown in Figure 1. (a) Stone Riprap (Type R). The stones shall be placed in a single layer with close joints. The stones shall be placed so that the greater portion of their weight is carried by the earth and not by the adjacent stones. The upright axes of the stones shall make an angle of approximately 90 degrees with the embankment slope. The courses shall be placed from the bottom of the embankment upward, the larger stones being placed in the lower courses. Open joints shall be filled with spalls. Stones of greater dimension than the required riprap thickness shall be embedded in the embankment to present a uniform finished top surface such that the variation between tops of adjacent stones shall not exceed six (6) inches. Stones that project more than the allowable amount in the finished work shall be replaced, embedded deeper, or chipped. When the plans require this riprap to be grouted, care shall be taken to prevent earth or sand from filling the spaces between the stones. After the stones are in place, the stones shall be wetted thoroughly and the spaces between the stones shall be completely filled with grout. The surface of the riprap shall be swept with a stiff broom after grouting. (b) Stone Riprap (Type F). When the plans require this riprap to be placed dry, the flat surface shall be placed on a prepared horizontal earth bed and so placed as to overlap the underlying course, the intent being to secure a lapped or "shingled" surface. These stones shall be placed first and roughly arranged in close contact. The spaces between the large stones then shall be filled with stone of suitable size so placed as to leave the surface evenly stepped, conforming to the contour required, and capable of shedding water to the maximum degree practicable. When the plans require Stone Riprap (Type F) to be mortared they shall be lapped or "shingled" as described for dry placement. Before placing mortar, the stones shall be wetted thoroughly, and as each of the larger stones is placed, it shall be bedded in fresh mortar and adjacent stones shall be shoved into contact. After the larger stones are in place, all of the spaces or openings between them shall be filled with mortar and the smaller stones then placed by shoving them into position, forcing excess mortar to the surface and insuring that each stone is carefully and firmly embedded. After the work has been completed as described above, all excess mortar forced out shall be spread uniformly to completely fill all surface voids. All joints then shall be pointed up roughly either with flush joints or with shallow, smooth raked joints. When the plans require Stone Riprap (Type F) to be grouted, stone shall be selected as to size and shape in order to secure fairly large, flat - surfaced stone which may be laid with a true and even surface and a minimum of voids. Stones shall be placed with the flat surface uppermost and parallel to the slope. The largest stones shall be placed near the base of the slope. The spaces between the larger stones shall be filled with stone of suitable size, leaving the surface smooth, reasonably tight, and conforming to the contour required. In general, the stones shall be placed with a degree of care that will insure for plane surfaces a maximum variation from the true plane of not more than six (6) inches in 10 feet. Warped and curved surfaces shall have the same general degree of accuracy as specified for plane surfaces. Care shall be taken to prevent earth or sand from filling the spaces between the stones. After the stones are in place, the stones shall be wetted thoroughly and the spaces between the stones shall be completely filled with grout. The surface of the riprap shall be swept with a stiff broom after grouting. (c) Stone Riprap (Common). Stones shall be placed on a suitable bed excavated for the base course or layer. The base course or layer of stone shall be bedded well into the ground with their edges in contact. Each succeeding course or layer shall be well bedded into and placed on even contact with the preceding course or layer. Spalls and small stones used to fill open joints and voids in the riprap shall be placed to a tight fit. The finished surface shall present an even, tight surface true to the line and grades of the typical sections. When the plans require Stone Riprap (Common) to be grouted, care shall be taken to prevent earth or sand from filling the spaces between the stones. After the stones are in place, the stones shall be wetted thoroughly and the spaces between the stones shall be completely filled with grout. The surface of the riprap shall be swept with a stiff broom after grouting. (3) Pneumatically Placed Concrete Riprap, Class II. Pneumatically placed concrete for riprap shall be placed in accordance with the details and to the dimensions shown on the plans or as established by the Engineer. Pneumatically placed concrete shall conform to the requirements of Item 431, "Pneumatically Placed Concrete ". Reinforcement shall conform to the details on the plans and with Item 440, 'Reinforcing Steel ". Reinforcement shall be supported properly throughout placement of concrete. The subgrade surfaces shall be moist when concrete is placed. The surface shall be given a wood float finish or a gun finish as directed by the Engineer. Immediately following the finishing operation, the riprap shall be cured with membrane curing compound in accordance with Item 420, "Concrete Structures ". (4) Cement Stabilized Riprap. Cement Stabilized Riprap shall conform to the requirements of the plans and to the provisions for Concrete Riprap except reinforcement will not be required. Design and mixing of Cement Stabilized Riprap shall be as approved by the Engineer. 432.5. Measurement. This Item will be measured by the cubic yard of material complete in place. Cubic yards will be computed on the basis of the measured area and the thickness shown on the plans. Concrete in toe walls will be measured as riprap of the type with which it is placed. 432.6. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for " Riprap" of the various classifications specified. This price shall be full compensation for furnishing, including all royalty, hauling, and placing all materials including mortar, grout, reinforcement, filter fabric, premolded expansion joint material, and for all labor, tools, equipment, and incidentals necessary to complete the work. Payment for excavation of toe wall trenches and for all necessary excavation below natural ground or bottom of excavated channel will be included in the unit price bid per cubic yard of riprap. Payment for all necessary excavation for riprap below natural ground or bottom of excavated channel, and for shaping of slopes for riprap will be included in the unit price bid per cubic yard for riprap, except that when the header banks upon which riprap is to be placed were built by prior contract, the excavation or embankment required for shaping of slopes will be paid for in accordance with Item 400, "Excavation and Backfill for Structures" and Item 132, 'Embankment ". CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Public Works Subject: Resolution No. 18 -R -13 :• xl:l ►1 Agenda No. 7 - a Resolution authorizing expenditures totaling no more than $95,000 with Hydropro Solutions for water meters during the 2017 -2018 fiscal year The City of Schertz currently utilizes a radio read water meter reading system using the brand Master Meter. Hydropro Solutions is the sole source for the purchase of the Master Meter brand in Texas. Standardization with existing products needs to be maintained to be compatible with the meter reading software that we are using. The City budgets $95,000 to purchase meters each year for new construction along with meter replacements. In the past four years the City has spent between $88,000 and $127,000 for new and replacement meters. This year has seen an increase in large meter purchases for commercial and schools. The City is also seeing a large number of these large meters that are in need of replacement due to failures. All of the City's current meters are reaching the end of their warranty period, which is also causing an increase in costs for purchasing replacements. The City is currently looking into the next step in technology to move towards a fixed read meter system where readings will be obtained from a central location in real time, making the customers readings more responsive and accurate. Staff is anticipating holding a work session with City Council in the next few months to discuss the potential for replacing the meters given that they are nearing or passing the end of the warranty period. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. To date, the total amount spent with Hydropro Solutions for water meters is approximately $43,500 for 2017 -2018 fiscal year. Staff is seeking approval to spend a not to exceed amount of $125,000, with Hydropro Solutions for water meters during the 2017- 2018 fiscal year. If actual expenditures approach the budgeted $95,000 staff will request a budget adjustment to utilize Water Department contingency dollars for any amount over the $95,000 currently allotted. COMMUNITY BENEFIT To provide the best value to residents for labor and related materials for various separate and unrelated concrete projects within the City of Schertz. Staff recommends that Council authorize expenditures totaling no more than $125,000 with Hydropro Solutions for water meters in 201.7 -201.8 fiscal year. FISCAL IMPACT Funds are budgeted and available for the purchase of new water meters in accounts 202 -575- 521405. $95,000 was approved in FY 17 -18 budget for new water meters. ATTACHMENTS Resolution 18 -R -1.3 Sole Source Justification Letter RESOLUTION NO. 18 -R -13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES TOTALING NO MORE THAN $125,000 WITH HYDROPRO SOLUTIONS FOR WATER METERS DURING THE 2017 -2018 FISCAL YEAR AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has a need to purchase new water meters during fiscal year 2017 -2018; and WHEREAS, City staff has determined that Hydropro Solutions is the sole source vendor of the City's water meters in the state of Texas; and WHEREAS, the total amount spent to date with Hydropro Solutions for water meters is approximately $43,500 with an approved budget of $95,000 for 2017 -2018 fiscal year; and WHEREAS, new meters will need to be purchased to stay up with the growth of the City and existing meters will need to be replaced due to meter failure, staff recommends City Council establishes a not to exceed amount of $125,000 for purchases with Hydropro Solutions in fiscal year 2017 -2018; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes expenditures totaling no more than $125,000 with Hydropro Solutions for water meters during 2017 -2018 fiscal year. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018 . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50664954.1 - 2 - MEMO TO: Purchasing & Asset Management DATE: 2 -06 -2018 FROM: Public Works SUBJECT: Sole /Single Source Justification for (brief acquisition description) In accordance with the City of Schertz Purchasing Policies, unless justified and documented for business reasons, all City of Schertz procurements exceeding $1,000 should be competed beriveen two or more eligible suppliers. Separate, sequential, or component purchase requests to avoid this threshold is prohibited Consequently, every contracting action for which competition does not occur must have a sole /single - source justification document in the contract file. This applies to all requests /requirements, not just "neiv" requirements. The fundamental issue is whether the Procurement is competed or not. If not, a written doctmzent must be developed and filed in the contract file, which justifies or explains why it was not competed This procurement cannot reasonably be competed because: (Check all applicable blocks and completely explain) 1. Only one supplier (include the supplier name) produces or can produce this product or service. (Letter from vendor required). 2. Urgency of need limits the capability to compete the requirement. (Please explain the urgency and negative impact if timeline is extended to compete this requirement). 3. Standardization with existing products or services must be maintained. Use of any other type, brand, or service process would be incompatible or too costly to modify. (Explanation required). 4. Continuity with current or existing processes or services is necessary. (Change to another supplier is not possible for the following reasons). 5. Statutory or regulatory requirements limit competition for the following reasons: �—I 6. Other reasons why competition for this requirement must be limited: (explain in detail) EXPLANATION: The Master Meter System has been used throughout the City since the initial authorization to install them in 2008. It is imperative that the City continue to use the hardware that is compatible with our existing meter reading system. Signed: 0-- N1` 4,_ _ FOR PURCHASING USE ONLY Position/Title: Water/Wastewater Manager Approved: Date: Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Planning & Community Development Subject: Resolution No. 18 -R -14 — Consideration and/or action approving a resolution authorizing a Parkland Improvement Agreement with Triple H Development LLC, related to public parkland dedication and improvements for Hallies Cove Subdivision. (First Reading) BACKGROUND In September 2016, City Council approved a Planned Development District (PDD) rezone for Hallies Cove, generally located east of FM 1518 approximately 1,375 feet south of Trainer Hale Road. The Hallies Cove Subdivision is a single family residential development consisting of 147 planned single family home lots divided into 5 units. In addition to the single- family lots, the subdivision includes two public parks, an approximately 12 acre public park that is within Unit 3 and an approximately 24 acre public park that is within Unit 5. The Planning and Zoning Commission approved the preliminary plats for Hallies Cove Units 1 and 2 on February 8, 2017 and approved the final plats on September 13, 2017. Per the Unified Development Code (UDC) to record the plat, the property owner must meet the parkland dedication and improvement requirements, pay a fee in lieu, or enter into an Improvement Agreement. Goal Triple H Development LLC is requesting to enter into an Improvement Agreement to defer dedication and improvements to public parkland in Hallies Cove Subdivision to future Unit 5. Access and public infrastructure improvements surrounding the public parkland are being provided with Unit 5 of the subdivision. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Planning and Community Development Department and Parks, Recreation and Community Service Department met with the property owner several times to discuss improvements to the proposed parkland. As a result of those meetings, both staff and the owner are in agreement that the park amenities will include on street parking, utility stub -outs and a 10' wide concrete trail loop. These items are depicted in Exhibit C of the attached Parkland Improvement Agreement. Because the road access and utility improvements surrounding the parkland will not be constructed until Unit 5 of the planned subdivision, the property owner is requesting a Parkland Improvement Agreement to defer parkland dedication and improvements to Unit 5. If approved, the agreement will require the property owner to post fiscal surety to secure the parkland improvements for Units 1 -4. The property owner would then construct all parkland improvements with Unit 5 and dedicate the improved parkland with the recording of the Unit 5 final plat. This agreement is beneficial to both the property owner and the City. The property owner would be able to plat Units 1 - 4 and then start home construction and the City would receive approximately 12 acres of unimproved parkland with Unit 3 and approximately 24 acres of improved parkland with Unit 5. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 18 -R -14. ATTACHMENT Resolution No. 18 -R -1.4 RESOLUTION NO. 18 -R -14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PARKLAND IMPROVEMENT AGREEMENT FOR RALLIES COVE SUBDIVISION UNITS 1, 2, 3, AND 4, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Landowner desires to defer public parkland dedication and improvement obligation for Hallies Cove Subdivision Units 1, 2, 3, and 4 to a future phase of the master planned Hallies Cove Subdivision development; and WHEREAS, pursuant to Section 21.9.10.17 of the City's Unified Development Code, the obligation to dedicate parkland and construct park improvements for the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure the obligation to construct the park improvements; and WHEREAS, the City staff of the City of Schertz has recommended that the City enter into a Parkland Improvement Agreement and acceptance of the parkland upon completion of the improvements; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Parkland Improvement Agreement attached hereto as Exhibit A; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City Council hereby authorizes the City Manager to execute the Parkland Improvement Agreement in substantially the form set forth on Exhibit A attached hereto and upon completion of the improvements, accept the land shown on Exhibit B. 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 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. 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 5. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) • STATE OF TEXAS COUNTY OF BEXAR Field note description of a 88,85 acre tract of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193 in Bexar County, Texas, and being comprised of the following three tracts of land: Tract 1) Being a 61.86 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 2) Being a 1.99 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 3) Being a 25.00 acre tract of land which is a portion of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. Said 88.85 acre tract of land being more particularly described by metes and bounds as follows- BEGINNING at a one half inch iron pin found on the northeast right-of-way line of F.M. Highway 1518 for the south corner of a called 2.066 acre tract of land (Tract JI), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 2.066 acre tract of land, North 59' 29'32" East, a distance of 863.86 feet to a one half inch iron pin found for an interior corner of this tract, same being an interior corner of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. Said point also being the east corner of a called 14,285 acre tract of land (Tract 1), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the northeast fine of the aforesaid 14.285 acre tract of land, North 30* 33' 53" West, a distance of 824.02 feet to a one half inch iron rod found for the northernmost west corner of this tract. Said point being on the southeast line of a called 100 acre tract of land as described in a deed to Helen S. Luensmann, recorded in Volume 13294, Page 1425 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of this tract and partially along the southeast line of the afore-said 100 acre tract of land, North 59' 50' 09" East, a distance of 1425.71 feet to a one half inch iron rod set for the north corner of this tract and being the northwest corner of a called 68.035 acre tract of land as described in a deed to Enomie M. Real as Trustee for Real Credit Trust under Will of Harold 0, Real, (Deceased), recorded in Volume 6792, Page 1246 of the Official Public Records of Bexar County, Texas. THENCE with the eastern line of this tract, South 10' 48' 55" East, a distance of 1002.50 feet to a one half inch iron rod set for a corner of this tract, same being the southwest corner of a called 69.4 acres tract of land (First Tract), recorded in Volume 6795, Page 1896, of the Official Public Records of Bexar County, Texas. Said point also being on the northwest line of a called 20 acre tract of land (Second Tract), as described in a deed to Joylene Schmoekel Herrera, recorded in Volume 6795, Page 1896 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of the aforesaid 20 acre tract of land, South 59* 4:1! 05" West, a distance of 323.00 feet to a one half inch iron rod set for an interior corner of this tract and being the west corner of the aforesaid 20 acre tract of land. THENCE with the northeast line of this tract and the southwest fine of the aforesaid 20 acre tract of land, South 30' 18' 55" East, a distance of 912.93 feet to a point for a interior corner of this tract and being on the northwest line of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 20 acre tract of land, North 59' 41' 07" East, a distance of 967.69 feet to a one half inch iron rod set for the most eastern north corner of this tract and being on the southwest line of a 100.939 acre tract of land as described in a deed to Allen Wiederstein, recorded in Volume 7849, Page 1552 of the Official Public Records of Bexar County, Texas. Page 1 of 2 88.85 acre tract of land THENCE with the northeast line of this tract the following two calls: South 31° 02' 19" East, a distance of 237.75 feet to a one half inch iron rod found for the southwest corner of the aforesaid 100.939 acre tract of land and being the northwest corner of a called 101.396 acre tract of land as described in a deed to Reagan Rawe and wife Jeanne Rawe, recorded in Volume 14612, Page 1869 of the Official Public Records of Bexar County, Texas, and continuing with the northeast line of this tract, South 29° 10' 01" East, a distance of 277.86 feet to a one half inch steel pin set for the southeast corner of this tract. THENCE cutting across the aforesaid 51.390 acre tract of land, South 59° 41' 07" West, a distance of 2108.21 feet to a one half inch iron pin set for the south corner of this tract and being on the northeast line of a remainder tract of a 55.289 acre tract, as described in a deed to Jamil A. Sayfi, recorded in Volume 13010, Page 289 of the Official Public Records of Bexar County, Texas. THENCE with the southwest line of this tract, North 30° 29' 14" West, a distance of 515.54 feet to a one half inch iron rod found for an interior corner of this tract and being on the southeast line of a called 80 acre tract of land as described in a deed to Walter Stapper and wife Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. THENCE with a southeastern line of this tract, South 59° 52' 30" West, a distance of 480.67 feet to a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the most western south corner of this tract and being the west corner of a portion of a 57.289 acre tract of land (Tract 6), as described in a deed to Country Village Estates, recorded in Volume 8165, Page 717 of the Official Public Records of Bexar County, Texas. THENCE along the northeast right -of -way line of F.M. 1518 and the southwest line of this tract, North 30° 29' 00" West, a distance of 1033.17 feet to the POINT OF BEGINNING. These held notes were prepared from an on the ground survey made by Atwell, employees under my direction and supervision on May 21, 2016. Survey plat prepared this same date. pi ✓ea��� �lY¢ mM Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 Firm Number 10194153 (Atwell) After Recording, Please Return To: Denton Navarro Rocha Bernal & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: T. Daniel Santee STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF BEXAR § PARKLAND IMPROVEMENT FOR HALLIES COVE SUBDIVISION This Parkland Improvement Agreement (hereinafter referred to as "Agreement ") is entered into by and between Triple H Development, LLC, (hereinafter referred to as the "Developer ") and the City of Schertz, Texas, a Texas Municipal Corporation (hereinafter referred to as the "City "), and is effective upon the execution of this Agreement by the Developer and the City (the "Effective Date "). WHEREAS, the Developer is the owner of that certain real property located in the City of Schertz, Bexar County, Texas, more specifically described on Exhibit "A ", attached hereto and made a part hereof for all purposes (the " Property" or "Hallies Cove Subdivision "); WHEREAS, the Developer seeks to develop a residential subdivision on the Property (the "Subdivision ") that requires the dedication and construction of public parkland and improvements; and WHEREAS, this Agreement is made solely with respect to Hallies Cove Subdivision Unit 1, Unit 2, Unit 3, and Unit 4; WHEREAS, pursuant to Section 21.9.1.0.17 of the City's Unified Development Code, the obligation to dedicate parkland and construct park improvements for the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure the obligation to construct the park improvements; and NOW THEREFORE, in consideration of the agreements set forth herein and for other reciprocal good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and stipulated by the parties, the Developer and the City, agree as follows: 1. Definitions. 1.1 Hallies Cove Subdivision — the subdivision currently being developed by Developer described on Exhibit "A" and identified on Hallies Cove Subdivision Master Development Plan (Exhibit "B "), which may be platted through several individual Plats pertaining to distinct portions of Hallies Cove Subdivision. 1.2 Hallies Cove Subdivision Unit 1 — the area identified on Hallies Cove Subdivision Master Development Plan (Exhibit `B ") as Unit 1, which consists of a maximum of 21 buildable residential lots. 1.3 Hallies Cove Subdivision Unit 2 — the area identified on Hallies Cove Subdivision Master Development Plan (Exhibit `B ") as Unit 2, which consists of a maximum of 26 buildable residential lots. 1.4 Hallies Cove Subdivision Unit 3 — the area identified on Hallies Cove Subdivision Master Development Plan (Exhibit `B ") as Unit 3, which consists of a maximum of 34 buildable residential lots. 1.5 Hallies Cove Subdivision Unit 4 — the area identified on Hallies Cove Subdivision Master Development Plan (Exhibit `B ") as Unit 4, which consists of a maximum of 33 buildable residential lots. 1.6 Parkland — the area identified on the Hallies Cove Subdivision Master Development Plan (Exhibit `B ") as Lot 5, Block 10 and Lot 21, Block 4 Park/Open Space and the deeds on Exhibit "E" attach hereto as "Parkland ". 1.7 Park Improvements — those certain improvements described on Exhibit "C" and to be constructed by Developer. 1.8 Phased Value of Improvements — the dollar value of the Park Improvements assigned to each Subdivision Unit as shown on Exhibit "D ". 2. Construction of Improvements; Covenants. The Developer and the City covenant and agree to the following: 2.1 The Developer shall cause the completion of the Park Improvements prior to the recordation of Hallies Cove Subdivision Unit 5 final plat; and 2.2 The Developer shall cause such changes to the Park Improvements as may be required by the City for approval and acceptance of the Park Improvements in accordance with the approved plans and specifications; and 2.3 The Developer shall Deed to the City, Parkland as described in Exhibit "E"; and 2.4 The Developer shall warranty the Park hmprovements for a period of two (2) years following acceptance by the City. A warranty bond shall be provided in the amount of 20% of the costs of the Park Improvements for such period. 2.5 Prior to the recording of Hallies Cove Subdivision Unit 1 final plat, the Developer shall provide (or cause to be provided) a surety to the City in accordance with Unified Development Code Section 21.4.15.G, in the amount equal to seventeen thousand seventy four dollars and twenty cents ($17,074.20) in order to secure Developer's satisfaction of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park Improvements related to Hallies Cove Subdivision Unit 1. 2.6 Prior to the recording of Hallies Cove Subdivision Unit 2, the Developer shall provide (or cause to be provided) a surety to the City in accordance with Unified Development Code Section 21.4.15.G, in the amount equal to twenty one thousand one hundred thirty three dollars and eighty cents ($21,133.80) in order to secure Developer's satisfaction of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park Improvements related to Hallies Cove Subdivision Unit 2. 2.7 Prior to the recording of Hallies Cove Subdivision Unit 3, the Developer shall provide (or cause to be provided) a surety to the City in accordance with Unified Development Code Section 21.4.15.G, in the amount equal to twenty seven thousand four hundred sixty two dollars ($27,462) in order to secure Developer's satisfaction of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park Improvements related to Hallies Cove Subdivision Unit 3. 2.8 Prior to the recording of Hallies Cove Subdivision Unit 4, the Developer shall provide (or cause to be provided) a surety to the City in accordance with Unified Development Code Section 21.4.15.G, in the amount equal to twenty six thousand eight hundred sixty five dollars ($26,865) in order to secure Developer's satisfaction of the requirements in Sections 2.1 -2.3 above with respect to such incomplete Park Improvements related to Hallies Cove Subdivision Unit 4. 2.9 Both parties agree that Exhibit "D ", depending on the Phase or Unit (as such terms are described in Exhibit D), may over compensate or under compensate the Fee Credit ($650 per lot) for that particular Phase, but the total for all Phases, equals to the value of the Total Fee Credits for all Units and therefore fully satisfy the Total. Park Fees for the Parklands. Any future revision by the City of the City's Parkland Dedication Fee or parkland dedication requirements in the UDC shall not alter the terms of this Agreement or otherwise be applicable to the Parklands. 2.10 The City shall allow Developer to record Plats for Hallies Cove Subdivision Unit 1, Unit 2, Unit 3, and Unit 4 upon execution of this agreement by the parties and either: (i) the City's acceptance of the public improvements required by the City as a condition precedent to plat recordation with respect to the Plat to be recorded; or (ii) Developer's provision of a surety for any public improvements required by the City as a condition precedent to plat recordation that remain incomplete (including any Parkland Improvements, which Surety shall be in accordance with Sections 2.5 -2.6 above). Further, the City agrees that any surety provided hereunder shall satisfy any of Developer's Parkland dedication requirements applicable to the respective plat until such time as the Parklands within Hallies Cove Subdivision Unit 5 Plat can be dedicated, thereby also satisfying Developer's Parkland fee payment obligations in connection therewith. 2.11 Upon Developer's completion of the Parkland Improvements the City agrees to inspect the improvements and identify any required changes to cause the Park Improvements to be completed in accordance with the approved plans and specifications. At such time as the City is satisfied with Developer's completion of the Park Improvements and Developers provision of a warranty bond for the respective improvements, the City shall: (i) Accept the Park Improvements and Parkland dedication; and (ii) Record the Parkland Deed; and (iii) Issue a letter to Developer evidencing the City's approval and acceptance of the Park Improvements and Developer's full and final satisfaction of this Agreement; and (iv) Within 30 days of issuance of the letter of approval and acceptance, release any Surety provided in connection with the accepted Park Improvements. 2.1.2 In the event Developer fails to fully complete construction of the Park Improvements within 4 years of the Final Plat Recordation of Hallies Cove Subdivision Unit 1, in the manner prescribed herein, the City may declare this Agreement to be in default and at the City's sole discretion: (i) Require that all Improvements be installed by Developer regardless of the extent of completion of the improvements on the Property at the time the Agreement is declared to be in default; (ii) Unilaterally draw from the Surety sufficient amount to complete the Improvements itself or through a third party; or (iii) Assign the Surety to any third party, including a subsequent owner of the Property, provided that such Improvements Funds shall only be assigned for the purpose of causing the construction of the Park Improvements by such third party and for no other purpose and in exchange for the subsequent owner's agreement and posting of security to complete the Park Improvements. (iv) Withdraw a lump sum payment from the Surety at the rate of $1,000 per platted buildable lot ($350 for parkland dedication and $650 for park improvements) to be accepted by the City as a fee -in -lieu of parkland dedication and improvement. Any remaining surety would be released by the City. 3. Approval of Agreement. The City has approved the execution and delivery of this Agreement pursuant to Section 21.4.1.5(C.)(2.) of the City's Unified Development Code, and the Developer represents and warrants that it has taken all necessary action to authorize its execution and delivery of this Agreement. 4. Governmental. Immunity. The City does not waive or relinquish any immunity or defense on behalf of itself, its officers, employees, Councilmembers, and agents as a result of the execution of this Agreement and the performance of the covenants and actions contained herein 5. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors, and assigns, and the terms hereof shall run with the Property. 6. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same Agreement. 7. Integration. _ This Agreement is the complete agreement between the parties as to the subject matter hereof and cannot be varied except by the written agreement of the Developer and the City. The Developer and the City each agrees that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 8. Notices. Any notice or communication required or permitted hereunder shall be deemed to be delivered three (3) days after such notice is deposited in the United States mail, postage fully prepaid, registered or certified mail return receipt requested, and addressed to the intended recipient at the address shown herein. Any address for notice may be changed by written notice delivered as provided herein. All notices hereunder shall be in writing and served as follows: If to the Developer: Triple H Development LLC 15720 Bandara Road, Suite 103 Helotes, Texas 78023 Attention: Harry Hausman If to the City: CITY OF SCHERTZ 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With copes: Denton Navarro Rocha Bernal & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: T. Daniel Santee 9. Legal Construction. If any provision in this Agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, such unenforceability will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of this Agreement. Whenever the context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 10. Recitals; Exhibits. Any recitals in this Agreement are represented by the parties hereto to be accurate, constitute a part of the parties' substantive agreement, and are fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits to this Agreement are incorporated herein as matters of contract and not mere exhibits. 11. No Joint Venture. It is acknowledged and agreed by the parties that the terms hereof are not intended to, and shall not be deemed to, create a partnership or joint venture among the parties. 12. Choice of Law. This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement shall constitute consent by suit by any party. Fyhihite T kt- Exhibit A — Metes and bounds for the Parklands Subdivision Exhibit B — The Parklands Master Development Plan Exhibit C — Itemized improvements cost and graphic Exhibit D — Phased Value Improvements Exhibit E — Park Deed [ Signatures and acknowledgments on the following pages] Signature Page to Parkland Improvement Agreement This Parkland Improvement Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged , the said limited liability company. (SEAL) Developer: By: Name: Title: Date: before me on the day of , 2018 . by of Triple H Development LLC, on behalf of Notary Public in and for The State of Texas My Commission Expires: Signature Page to Parkland Improvement Agreement This Parkland Improvement Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. City: CITY OF SCHERTZ, a Texas municipal corporation By: Name: Date: THE STATE OF TEXAS § COUNTY OF GUADALUPE § its Acting City Manager This instrument was acknowledged before me on the day of , 2018 . by , Acting City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: 0 6 L b n I L (NOT TO SCALE) - TYPICAL LOT LAYOUT NOT TO SCALE GENERAL NOTES 1. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLATTING. 2, ALL OPEN SPACE, COMMON AREAS, GREENBELTS, LANDSCAPE, DRAINAGE EASEMENT OR OTHER AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF THE OWNER OR OWNER'S SUCCESSORS AND/OR ASSIGNS. 3. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029C0455G DATED SEPT. 29, 2010, SITE IS WITHIN THE 100 -YEAR FLOODPLAIN. 4. CONTOURS ARE FROM SAN ANTONIO RIVER AUTHORITY LIDAR. 5. AN ELEVATION CERTIFICATE WILL BE REQUIRED FOR ALL LOTS WITHIN 100' OF THE 100 YEAR FI-_OOD AS PER FIRM MAP 48029C0455G, PANEL_ 455 OF 785 DATED SEPTEMBER 29, 2010. i 73 ACRE RAC B111 T NIE M. GC�NZAL Z FOWJ�0- y°�OOW C NVERSE, MISSION 811K9 Cl V CANT RE�GUL R LO -P G�;E,ySG V0 16994, PG. 333 WD S���� ,e L0T 6R AV `BLOCK 3 i LOT 7R 1.168 ACRE IRA GARY MICIIAFL G & PHYI_L IS D 1012 SA CTUARY CO E DR. WEST PA ...M BEACH FL. 33410 °VACANT REGULAR LOT" P N VOL. 12 48, PG. 2, 4p GWD E IN 411 r 5 00f(/ACRE TRACT �N AJDS PROPERTY INVES MENTS INC 13183 INTERSTAT�10 E SCH RTZ, TO 8154 ".. ASL RATE. 1 OT" ' VOL, 7218, PG, 0689 WE 1 ) N m �O 4.96 ACRE TRACT �O /NAJDS PROPERTY INVESTMENTS INC / 8632 -RE ERICKSBURG (itD STE. 115 SA ANTONIO, T 78240 BASE RATE LOT" V�JL.._ 17443, PG� 944 D.R. 1.631 ACRE TRAC MIL A SAYFI 8632 FREDERICKSB RG s ANTONIO, TX. 78240 "BASE RATE LOT" /VOL. 7287, PG, 1361 D.R. 3.279 ACRE T ACT JAMIL A SA FI 632 FREDERIC SE SAN ANTONIO, TX. 78240 "BASE R "E I....OT" VOL 7287. 1361 TO ACRE IRAC`r PAUL. ROILOWSKI 66839 E F M. 1518 SCHL.RTZ 7X. 78154 "BASE RATE LOT" S NO BCAD RECORD INFO 11.10 ACRE TRACT 1518 LAND INVESTMENT LP 14185 ALLAS PKWY STE. 115 DALLAS, TX. 75254 -43 9 cV' OMMFPC[AI_ MULTI -F IL..Y" OL, 14133, PG. 0194 SWD CALLED POETIC OF A 100 ACR TRACT / HELEN S. LUENSMANN AND ELAIIc DOEGE Co- TRUSTEES FOR HENRY W/ LUENSMANN FAMI Y TRUST VO 13294, PG. 1417 RBCT JJJ ) 1/2 INTEREST HELEN S �-' I_.lEWSM ANN P \ ( I / 8745 AINER HALE RD. I / RANGE NATYAE PASTURE,Z TILLABLE DRY (FARM), RANG ' I((( / (/ ALIVE PASTURE ANrF IMPR0D RYL�D" /E /, / i / / / VOL. 13 4, PG. 1425 OPRBCT 1/2 INTEREST ,� / (VACANT LAND) / -I- N 59 °/50 9" E 4271' C �{ A - Z 0 N �� L SEPT. �2 _ PAEL 455 01 0 785 ( (\ c ��_ ETRIbf -- 48029 CID 4 j ROW � j ---Y _ A- PPRO�XIMATE LOCAPION / 1F- �� 100'�YE FLOOD ALONE / 1 ° \ \ \ , ` \ / C 8 SEE D PORTS TROACTA co �6g f 1 ENOMIE REAL AS TRUSTEE F CALLIED 14. )ACRES 1 / 6 - --/ / REAL CREDIT TRUST UNDER Zap (T AND T 1 i _ WILL OF --AROLD 0. RE L (DECEASED n s[ 00 ALAN SCHIND ER AND ORAL SCHINDLER `V I f ENOMIE M R AL O - TRUSTEES C.J ( �--� 831 TRAINER �LE RD. SCHERTZ, TX. 78154 ALAN SCHINDLER ND CORAL SC HINDLER �` UST --i �� -� 'RAN EL ND PROVED DR LAND, TILLABL� 4. ti 794 GARDEN OAKS (� ` ���jjj F \ DRY (FA M), RANGE IMPROVED DRYLAND" J SAN ANT0 10 TX. 7826 ��„ J 1 Z INDUSTRIAL" �� _..�- -\ �- Vol- VOI_. 6792, PT 1246 0,�''h2RCi. A \ \ \ \ \VOL, 11320, PG 4 OP& T /� (VACA T LAN ) V COMMERC LAND USE) - V LF-- LoT\�5 - z PAR�O�E N (rAC� A \ .CALLED 2. 66 AC 4S _ TTF (( TRA'T II) ALAN S HINDLER �� "" ) AND CORAL SC�INDER ( 30' INRESS AIJD ECR SS EMT. Y ��O TRUSTEES oR VOLUM 5973, JJ PAGE 16 RPRBCT o 100' ALAN SCHINDLE «, i 1� o ) \ ROW AND CORAL SCHIND ER TRUST a, 7945 GARDEN ADDEND A /�O rn CALLE69 4 ACRES /// 111 LIRS111 TRACT 5/All -A TONIC TX 78 68 J C A JOYLENE(SCNM EKEL HER�RA IN USTRIA /J I 111 VOL.. 11220 PG. 494 OPRBCT �O /// ��O � I � 215 TRAINS HALE RD_ � F (COMM IAL ND US'EN,5916 ) 66p �� 146.1' �/ CHERTZ,� 78154 ,--'� 29' ' E486' .III / / / 55' R04, LIMITS ,044 �� TNSY )lotpL �OT 41 _ TIL..L- AE3LERDRGELANUR BUSH" �A TI VF -- _- I i70.o' 74. 9.2 _ 8ao_ s.o' 2 .8' a5. 156.8' sQ. o 3:- - _ H _LIE -- _ -_,�% __ o __ -LADE ___ ____ __ -�° DETENTI�N o S VOL, 67 5, Pc. 1 96 OPRB� LOCK 3 PO ° vACANT LAND) W o ms`s_ 4, 5 ° °N+ '�' <v 740' 85 -0' 85.0' 85.0' 85.0' $5.0' 73.3' b�� �.1 A�(''. °�I- 73.3 746' 'n 8.2, 0 0 0 �co' 0 0 0 /// �bo X070 0 85.0' 85.0' S� j o 'o 5 0 1 2 0 3° (`O 4 0 5 N 6 7 ° 150.0' L i 8 0' OW �_ J A o. HALLIE o 3 L ��- .� / o o a m O _ �. _ _ 0 W ro - 122.7 Gb. b' Row 0 HAVEN _� _ ._ - 20.0' Row BLOCK 9 o S 590 41' 0 " W 23. _ 00 �- Z 05.6' 105.6' El r �` �..✓ L° 0' 95.0' 92.0' 85.0' 85.0' 85.0' 85.0' 85.0' 98.3' )N i o. o / N Lo 0 o, o N - ui W ° - - - _ 0 a a o ° co o W °� °� v)� ° 1 ° 13 ° 12 ° 11 10 9 8 111,50 ti o 0 0 o ti. o _ A 35.0' 105.0' O - - - ROW ol �...m� o _ Lj:rl ALLIE 20.0' 20.0 a2. o' a5.o' 85.0' a5.o' aa.o' a5.o' a8.s' 0.4' ssa o 5 0' �e - - b v N O� ROW Y ALLIE - o�- --FOX ARRO w w o W .. - ° - - UNIT SUMMARY 85.0' 35.0' 105.0' o N o ° ° 0, N 120.0' Y 0 0 P o 0 1.0' 0 0 O 120.0 o _ o °ro °m 20.0 o 0 °m m W J Z ROW 120.0 120.0' LAND USE N 007 0 �0 -° a o J i �, W 6 0 120. o o o� �"% 0 110.0' L 120.0' �{ o 1t °m 110.0', 85.0' 120.0' 0 r OJ 120.0'1 o m o 't N 20.0' 1 0.0' o 1,526 L.F. ° 120.0' 0 120 0' ° UNIT SUMMARY 85.0' 85.0' 85.0' STREET 85.0' 88.3' 0 0 o UNIT LOTS ACRES LENGTH DEVELOPMENT ZONING LAND USE N 10 9 N 8 �� W ,92.0' DATE 85.0' 85.0' UNIT 1 21 LOTS 9.29 ACRES 1,526 L.F. 9 -2016 PDD SINGLE FAMILY UNIT 2 26 LOTS 8.71 ACRES 1,809 L.F. 12 -2016 PDD SINGLE FAMILY UNIT 3 34 LOTS 23.81 ACRES 2,020 L.F. 03 -2017 PDD SINGLE FAMILY UNIT 4 33 LOTS 11.04 ACRES 1,690 L.F. 06 -2017 PDD SINGLE FAMILY UNIT 5 33 LOTS 36.00 ACRES 2,360 L.F. 10 -2017 PDD SINGLE FAMILY TOTAL 147 LOTS 88.85 ACRES 9,405 L.F. MINIMUM 80'x120' (9,600 S.F.) rn w �l I i s o' 82T 85.0' 85.0' 85.0' 85.0' 85.0' 88.3' 0 0 o 0 0 1 0 0 66 0�_ 0 6 14_ 132 -2° N 10 9 N 8 �� W ,92.0' 85 -0' 85.0' 85.0' 85,0' 850' 98.3' VOL. VOL. BLOCK 8\, _664 --� °) 1° r� 2 3 N T ; 0 5° 6 0 7 \° 82,0' 85.0' 85.0' 85 0' 85.0' 85.0' 88.3' ) Y, FF CAF.D 20 ACRES 1 L-L_(SECOND TRACT) EE OYL E SCHMOEKEL HERRERA E- o N o V 82 TRAINER HALE RD. d. O \ \ SC ERTZ, TX. 78154 \ o I 'TILLABC D Y (FARM), RANGE N TIVE PASTURE, RANGELAND AIR 121.6' 1 i VO . 6795, PG. 189 PRRR���CT (ACANT LAND \ \ M C.n 0 Ul -� HALLIE -- - o DAWN - - 21.3 / - °- 120.0 J 120.0' 120.0' u� 1 o p o I71 o ° Q vi (o vi ;,J 85.3' 80.0' 80.0' 80:0' 80.0' 800' 800' 800 80.0' 80.0' 80.0' CO CO CO a ro m m ¢y� o � BLOC 5 o U 3 ° ° ° ° N� / ��� � 35.0' 105.0' = /° o ° 0 0 0 0 121.1' 20.0' 23. a' a 1��N 21 N 1 20 N 1 '1 18 N 1 ° 16 N 1 N 14 N 13 ° 12 o too HA IE a o o o .. �. N ca 1 _.� �----- (� 86.1' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' 80.0' -1 L BR OK N 1 31.1' as.o' a5 0' as.o' a5 0' as.o' 85 0' as.o' ao.o' 90.0' y o 129' �° BLOCK 5 \ - 120. ' 141 3' I o ° \ o 0 0 o N o 8.0 os.o' a 0, ° o 2 3 0 4 5 0 6 0 7 9 10 0 11 Y N N �N N �� N o N ROW g 0' 120.6 128.T 710' 85 0' ' 850' 0' 50 85.0' 850' 80.0' 80.0' o o ' RW W LIE CHASE o 06.0' s p ------ ---q -° o- n - HA „L -- - - - o i - `r ' 800' is. 866' 0' 85.0' 80080.2 ' ' ' 800 800 a �_-- -- 67.6 121,3' N o `rrn CALLED 100 -939 ACRES - D : 5 6 7, �� N s o' o 27 3 4 0 5 0 6° % �� ALLEN wIEUERSTFIN °-' ° 1 ° N a a �� 8175 TRAINER HALE RD. CO - O Cp 120.0' 149.6' 12QL' _ o� ti N 27.2 0 0, Row. 6 6' D� -o' 85 -0' -8 o o� ao.o� �as.o'- o N �2s6.2' N 59 °�41'�" E 7.69,' 701 s' \ F M a4A SCHER �c�z Tx. BLOCK, 4 6 BLOCK 70.0' 51.1' 139.6' 80.0' 80.0' 4 '� , TILLABLE DRY 0 0' 80 0' 30 0' o 0 S 59° 52' 30" W 480.6T o c� �° 8 C AAND) RE" 1`52 OPRBt 1 21 ACRE TRACT ))) m ; O d' ° r ° �� 0 5 0' 119.9' a _� `\ (VACANT LAND) Gou rAY wLLAGE ESTAT S �° J 0 w 10 9 0-- 8 0 7 ROW RR 1 X 226J, CONVERSE, T 78109 c� >,X N a o 1201' - 0120.0' "BASE RAT LOT" - VOL, 8165, PG. 717 OPRBCT j - 120.0' / o / 0 07 b 120. XX' 6Y `3j C ���� - v' G �_ W VACANT LAND 01 (_0 o m d- o no °- 6> 425.1' ,80.0' 60.0' •R. l �C \ m \ N 4 b a 2 HALLI o LOT4 1 Y w Y -� DETENTION N Y 1 ACRE TRACT 120 ' J o 120.0' 120 0 w LL CR ST O 0 'ERIC C. KUNTZ oc o J olo o o LL _ 120.0'0 100.5' J Z 60.0' 80,0' 28.2' O. POND `o 6840 E. F.M. 1518 N. cA °.0 Q o o °/ n m° a N J O T z- 2.8�AC. SCHERTZ, TX. 78154 J = °J °' °' J ro ro o�%V Q o \ O "BASE RATE Lori ° Q� x ° 22-1--/23 ° i ��� - m VOL, 13516 (J7 o 120.0' 0' - 120 0' 120.0' S 0' a _ PG. 658 0 RBC - o ° 6�0 0zo.o'20 BLOCK 4, ` il RaY (RESIDENTI AND USE) ro ROW ° L ° O C' o ti� o ROW 85.0' 80.0' ..►'"' E- --� �^ cn �j o�'i � o I in6, - `° 337.4' "'..� 1 119, V 95.0' 110.0' 110.0' 95.0 S e 2S 5 400 lam- / 7 7 N �A ' G \ o- ° o �� �L �� -�T 21 ��� �� 4u� c0 \� 0 _ SE 29010 o N 3.899 ACRE T Cr ° ALLIE 66" CREE -� E� _� NEL 78b� 'AM I- A. sOYF n�� PAR OPE SPACE ��_ V� - 8639/FREDF.RIChSBU12G ll. STE, 1� Sg 3, DCg 80.0' 80.0' 80.0' 80.0' 80.0' S8 S' �� - 652 __.�- 11.7 AC� R MAF'SG ,,i-- a o SAN AN iON�, TX. 78240 �j °� - N _ -A IMA TI�i�F- �� BASE ATE LoT� 7 �N a ° k� 00' YEAR FL00 ZONE - ­ VOL 13�, PG, 289 OPRBCT �o 3 14 5 1 1 M 18 19 M 26 _650 X �� ti",, i �j RE ENTIAI Uj'ND USE i -BL K 4 -" 20' SEWER ESM'T. / 0� 162.1 �8A 0' 80.0' 80.0' 80.0- 80.0 80.0' 95.0 1400.6 '" / r /6A- S 59° 41'7„ W 21021 " -, / A r J Jr �V 6s 6'3, _� �- CALL 101.3 96 ACRES / _J REAGAN RA WE WIFE JEANNI\RAWE 731 MIST 2 0 RICH MOND, (TXE77406 �� _,RY/1 FAMILY HOMESI 7 SINGLE �_ -1 V'�.....� �.... � = TILLABLE DRY" 86 OP _ x'660 -�,_ -� VOL. 14612, PG. 1RBC "f Y �� (AGC�ULTURAL LAN USE) 39 ACRE TRACT - -�� - -� DIRTUSCAN ERS,x , L 18 TUSCANY STONE 210 PL ��ERCMULSFAMIL ,7� -FL99D AiN'� F-- _ � ­-Y \ \ VOL 13010, PG. 304 OPRBC7 __ \ �(AGRICIILiURA6 -L-AND USE) � --- .--- -- H A L L I E S C O V E 200 0 100 200 SCALE: 1" = 200' LEGEND: -- 680 - EXISTING CONTOUR R RADIUS CL CENTERLINE DPR DEED AND PLAT RECORDS OPRBCT OFFICIAL. PUBLIC RECORDS OF BEXAR COUN -L.Y TEXAS RPRBCT REAL PUBLIC RECORDS OF BEXAR n ■■■�� COUNTY TEXAS WD WARRANTY DEED GWD GENERAL- WARRANTY DEED SWD SPECIAL WARRANTY DEED VOL. VOL. PG. PG. ,. PROPERTY LINE - FND OR SET PIN UNLESS OTHERWISE NOTED PHASE LINE W FIRM MAP FLOOD LINE SUBMITTED BY: COURSEN- KOEHLER ENGINEERING & ASSOCIATES 11802 WARFIELD, SUITE 200 SAN ANTONIO, TEXAS 78216 TEL: (210) 807 -9030 FAX: (210) 855 -5530 SURVEYED BY" . ATWELL, LLC 10101 REUNION PLACE, SUITE 350 SAN ANTONIO, TEXAS 78216 )41g33L';'illl��� �11' 210-536 -6755 ; TBPLS FIRM NO. 10194153 "g, °alllllll JWILKIE@aATWELL- OROUP.COM OWNER DIRT DEALERS XV, LTD - C/O DALE KANE 118618 TUSCANY STONE, SUITE 210 SAN ANTONIO, TEXAS 78258 TEL: (210) 496 -7775 OWNER LORRAINE S. MARTIN REVOCABLE LIVING TRUST 7180 E. F.M. 1518 SCHERTZ, TEXAS 78154 TEL: (210) 824 -0084 OWNER LORRAINE S. MARTIN ELDRED STAPPER, JR. PEGGY ANN DAVIS & DARYL STAPPER 7180 E. F.M. 1518 SCHERTZ, TEXAS 78154 TEL: (210) 824 -0084 APPLICANT TRIPLE H DEVELOPMENT, L.L.C. 15720 BANDERA RD., SUITE 103 HELOTES, TEXAS 78023 TEL: (210) 695 -5490 LEGAL DESCRIPTION BEING 88,85 ACRES OF LAND SITUATED IN THE ELIGIO GORTARI SURVEY N0, 2, ABSTRACT N0, 5, COUNTY BLOCK 5193 IN BEXAR COUNTY, TEXAS, SAID 86.86 ACRES TRACT BEING A PORTION OF A CALLED 80 ACRE TRACT OF LAND AS DESCRIBED IN DEED TO WATER STAPPER AND WIFE, LONNIE STAPPER, RECORDED IN VOL- 2643, PG. 271 OF THE DEED RECORDS OF BEXAR COUNTY, TEXAS. >- J J DO W W H O Q � J � t- Q O :�i N H � oZ � Q o z Q z W 0 x 0 CO N bi 0 0 Ln H H W W U) U) 0 0 h h + o R­c� O co co Z I -I N AN U) L3 X o LL w LO O V F- Z r� En O LL0 E n ■■■�� . A 0 ■ co Ln O IL C. F- N d 0 Do W W co m F - n LL Lu o W = V 0 H 0 0 O M 0 N O Li U) Z O N Q J � O O Q �.{� I.L o LLI r.v � C N N Q> co L Ld co a) F- O 0 O ■ ® ■ E r AN U) W w Z V n ■■■�� . A 0 ■ co W 5 W C. F- 1 0 W W O Lu o W = V H W U) Q J 5 Q JOB NO.: 15046.10 DATE: JULY 7, 2016 DESIGN: AR DRAWN: CHECKED: Exhibit C Hallies Cove Parkland Improvement Agreement Itemized Park Improvements with Cost Breakdown Itemized gist of Parkland Improvements Value Water stub out from Unit 5 $3,200 Electricity stub out $0 Site Prep (including mowing and clean up) $1,200 1,072 linear feet of 10 -foot concrete sidewalk at $8.50 per square foot $91,120 Total Cost $95,520 Total Value at 125% $119,400 • N 590 50' 09" E 1425.71' SIDEWALK L. F. J� PARALLEL PARKING 500 L HALLIE = GLADE 8" sewer - - - -- Ln c_> .... .... cN 1 2 3 4 5 6 T SEoCA Y UNiT 5 N� f i LOT 4 DETENTION POND 1 �1 ACe Z 0 C E " A 99 CEP 1 a 20, 2010 PANEL_ 455 OF 785 FIRM MAP 48029CO455G APPROXIMATE LOCATION OF 100' YEAR FLOOD ZONE O h ®C. O Lam L�J C O C�l� CJ scale: 1" = 100' Exhibit HaUies Cove Parkland Improvement Agreement Phased Value ufImprovements Phase Lots % Of Subdivision Improvement Value per Phase Surety to be posted per Phase (125%) Total 147 100% $95,520 $119,400 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED FOR RALLIES COVE SUBDIVISON PUBLIC PARKS STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF BEXAR § Date: , Grantor: Triple H Development LLC Grantor's Mailing Address 15720 Bandara Road, Suite 103, Helotes, Texas 78023 Grantee: The City of Schertz, a Texas Municipal Corporation Grantee's Mailing Address: 1400 Schertz Parkway Schertz, Guadalupe County, Texas 781.54 Consideration: Ten Dollars and No /100 ($10.00) and other good and valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, and for which no lien either express or implied is herein retained. Property (including any improvements): Lots , Block , Hallies Cove, a subdivision in the City of Schertz, Guadalupe County, Texas according to the map or plat thereof recorded in Document Number of the Official Public Records of Guadalupe County, Texas. Reservations from and Exceptions to Conveyance and Warranty: Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments other than liens GENERAL WARRANTY DEED PAGE ] and conveyances, that affect the property; any discrepancies, conflicts, or shortages in area or boundary lines; and taxes for the current year, the payment of which Grantee assumes. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS, and CONVEYS to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. GRANTOR: Triple H Development LLC Name: Harry Hausman Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF § This Special Warranty Deed was acknowledged before me on the _ day of , 20 , by of TRIPLE H DEVELOPMENT LLC, A Texas limited liability company on behalf of said limited liability company. Notary Public, State of Texas GENERAL WARRANTY DEED PAGE 2 ACCEPTED: THE CITY OF SCHERTZ 0 Name: Title: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the day of 120 , by , City Manager of the City of Schertz, a Texas Municipal Corporation, P behalf of said Municipal Corporation. Notary Public, State of Texas After Recording Return To: City Secretary 1400 Schertz Parkway Schertz, Texas 781.54 GENERAL WARRANTY DEED PAGE Item 9 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: City Manager Subject: Resolution 18 -R -15 — Consideration . and /or action adopting 2018 City of Schertz Strategic Plan Document City Council met on January 19 for its annual strategic planning retreat to discuss strategic planning issues, including but not limited to policy discussion and prioritization, major projects, and how to apply the information to assist in appropriate priority based decision making. Council also reviewed the current Strategic Plan at the retreat. Originally adopted on March 8, 2016 this document aims to provide overall direction in achieving the City's desired future state by outlining our aspirations, actions, and motives while seeking to create alignment within the organization. Council discussed and made changes to Chapter 2: Policy Values: • Page 7, High Quality of Life, "Is" Column o 5th bullet point: Proposed change to "A Welcoming City" from "A Friendly City" • Page 8, Economic Prosperity, "Is" Column o Combine 3rd and 5th bullet points: Proposed change to read "A diverse, stable and resilient commercial base" from "A diverse and resilient commercial base" 0 5th bullet point: Remove • Page 8, Fiscally Sustainable, "Is" Column. o 1st bullet point: Proposed change to "Expertise" from "Knowledge" • Page 8, Fiscally Sustainable, "Is Not" Column o Add "A lack of financial /fiscal transparency" RECOMMENDATION: Staff recommends approval of Resolution 18 -R -15 ATTACHMENTS: Resolution 18 -R -15 Red Line Version - 2018 City of Schertz Strategic Plan Document 2018 City of Schertz Strategic Plan Document RESOLUTION NO. 18 -R -15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE 2018 CITY OF SCHERTZ STRATEGIC PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz (the "City ") held its annual Strategic Planning Retreat on January 1.9; and WHEREAS, the role of leadership is to align the vision of the Council, the expectations of the community, and the resources of the organization to achieve that vision and expectations at a resource cost that is acceptable; and WHEREAS, the Strategic Plan was developed in 2016 . to provide overall direction in achieving the City's desired future state by outlining the City's aspirations, actions and motives; and WHEREAS, this Plan seeks to create alignment within the organization; and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the 2018 City of Schertz Strategic Plan attached hereto as Exhibit A; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes adoption of the 2018 . City of Schertz Strategic Plan as set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13 day of February, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Exhibit A 2018 City of Schertz Strategic Plan 50506221.1 - 3 - C'Ity of Schertz 2018 Strategic Plan 1 \7 DA 1, City of Schertz Strategic Planning Meeting Xei \ i 1 John Kessel City Manager Brian James Executive Director Development Dudley Wait Executive Director Operations Kyle Kinateder Executive Director EDC r * _A " I i Myles Clauser Director of Information Technology Michael Hansen Police Chief Jon Harshman Director of Fleet & Facility Services Jimmy Hooks Water & Wastewater Manager Linda Klepper Public Affairs Director Jessica Kurz Director of Human Resources & Purchasing Doug Letbetter Public Works Manager Kade Long Fire Chief Jason Mabbitt EMS Director Tony McFalls GIS Coordinator Lauren Shrum Assistant Director of Parks, Recreation and Community Services Melissa Uhlhorn Library Director James Walters Finance Director Lesa Wood Director of Planning and Community Development Kathryn Woodlee City Engineer Chapter 1 Continued The Mission describes the City's purpose and answers the question, "What are we attempting t# accomplish? It provides the framework or context within which our goals are formulated. The Values are beliefs which City Staff and Council hold in common. They are the guiding principles that drive behavior necessary to fulfill the City's vision and mission. Values shape our organizational perspective as well as our actions. The Operational Values help the City achieve more by focusing • its people and customers while always looking for ways to improve. These values foster a professional work environment that will help us to have an engaged workforce and greater customer focus. In order to be successful, there must • ever improving systems in place so we can achieve greater results and efficiencies. Im Through an Is/Is Not/Why analysis of the 2013 Policy Values, Staff determined that some of the values were actually more operational in nature. As a result, the two categories • values, Policy and Operational, were developed. These five Operational Values are our pillars for running a professional organization. Operational Values are behavioral-d riven and are the natural extension of the Core Value "Do the Best You Can. The Operational Values drive the Schertz Management Model (See Appendix B), a model comprised • our desired best management practices, in order to meet and exceed our internal and external requirements and aspirations. E9 Service Oriented In an organization that has a Service Oriented culture, there is the focus on meeting and exceeding current and future customer needs. The SWOT Analysis tool helps the City to honestly look at all areas where we not only excel, but also those areas where we can do better. By looking at both internal and external factors, it requires us to look for ways we can take advantage of opportunities or mitigate potential problems. In the Fall of 2015, each department of the City met separately and performed SWOT analysis on the City Policy Values from the perspective • the department. City Staff met in January 2016 to develop a city-wid SWOT analysis for each • the City's six Policy Values. The consensus of that group is reflected in this chapter. I A SWOT Analysis is a useful technique for understanding the Strengths, Weaknesses, Opportunities, r Threats that we face as a City. It detects internal factors through listing our Strengths and Weaknesses, and seeks to identify external factors by requiring us to consider any Opportunities and Threats. im POLICY + Attractive Community Economic • WoMMIN7or ICY VALUE: Fiscally Sustainable To be a living t•, cument, it must be kept current by evolving to address present conditions which change for both internal and external reasons. The Strategic Plan is intended to be updated each January by City Council and Staff at the annual strategic planning retreat. As expressed, the City of Schertz Strategic Plan seeks to create alignment within our organization. Communicating our Vision, Mission, and Values at every level requires an ability to explain the rationale behind them and to engage our entire organization in a genuine exchange • perspectives. This can then lead to inspiring the entire team to champion execution of our plan. Start with Why - How Great Leaders Inspire Action (Simon Sine) Work of Leaders: Building Alignment (Julia 3tLaw)- The Five Dysfunctions of a Team-(Rajrj � L icarai Great by Choice (Jim Colflns� M MM OP r r r � •` i i lllliiiill 11 i i m Appendix B 1400 Schertz Parkway, Schertz, TX 78154 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Council Subject: Ordinance No. 18 -M -09 an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance (First Reading) Goal At the City Council meeting of February 6, 2018 members of Council voted to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 2. Section 2.2, Subsection B, `Absences from meetings of the city council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the council as excused.' Article 3, Section 3.5, `Closed Sessions. Closed session may only be held in accordance with state law' To clarify, update and amend the Council's Rules of Conduct and Procedures related to the above changes. Community Benefit To clearly establish procedures for council. Summary of Recommended Action Staff recommends Council approve first reading of Ordinance No. 1.8 -M -09 amending the Council Rules of Conduct and Procedures. FISCAL IMPACT None City Council Memorandum Page 2 Staff recommends Council approve first reading of Ordinance No. 18 -M -09. ATTACHMENTS Ordinance No. 1.8 -M -09 Redline changes Ordinance No. 18 -M -09 Final ORDINANCE NO. 18 -M -09 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED THE CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council 16 -M -38; and WHEREAS, the City Council discussed the following changes at their meeting of February 6, 2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as they relate to absences by members of Council, and Closed Sessions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Article 2. General Rules — Section 2.2 B. Absences. Add "Absences from meetings of the city council that are due to occupational or business demands, personal or family illness or absence from the city shall be approved by the council as excused." Article 3. Types of Meetings — Section 3.5 Executive Sessions. "Reword to read "Closed Sessions. Closed sessions may only be held in accordance with state law. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 13TH day of February 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of February 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues — no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 2 -13 -2018 Revised TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Executive Sessions .............................................................................. ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Attendance .......................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1. 2.4 Questions to Contain One Subject ...................................................... ............................... 2 2.5 Right to the Floor ................................................................................ ............................... 2 2.6 City Manager ...................................................................................... ............................... 2 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.1.3 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ............................................................................ ............................... 2 &3 3.3 Recessed Meetings .............................................................................. ............................... 3 3.4 Adjourned Meetings ............................................................................ ............................... 3 3.5 Executive Sessions .............................................................................. ............................... 3 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 4 5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5 2 -13 -2018 Revised i TABLE OF CONTENTS (continued) 9.1 Motions ............................................................................................... ............................... 8 Page Debate ................................................................................................. ............................... ARTICLE 6. 9.3 Motion Procedures ......................................................................... ............................... ORDER OF BUSINESS 9.4 6.1 Agenda ........................................................................................... ............................... 5 &6 6.2 Communication to Mayor and Council ............................................... ............................... 6 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 To Postpone or Extend ...................................................................... ............................... ARTICLE 7. 9.1.0 To Refer ............................................................................................ ............................... CONSIDERATION OF ORDINANCES, :RESOLUTIONS, AND MOTIONS 9.11 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 7 7.4 Funding ............................................................................................... ............................... 7 7.5 Reading of Caption Only .................................................................... ............................... 7 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 7 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.1.0 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ............................................................................ ............................... 7 &8 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures ......................................................................... ............................... 8 &9 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Rul ing ...................................................................... ............................... 9 &1.0 9.7 To Recess .......................................................................................... ............................... 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.1.0 To Refer ............................................................................................ ............................... 10 9.11 To Amend .................................................................................. ............................... 10&11 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 1.1 9.13 To Count the Vote ............................................................................. ............................... 11 9.1.4 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11. 2 -3 -2018 Revised ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.1.6 To Take Action; Main Motions ................................................. ............................... 11&12 9.17 Effect of Abstentions .................................................. .............................12 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 1.2 10.5 Adjournment .............................................................................. ............................... 12&13 ARTICLE 1.1. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 1.3 11.2 Special Committees .......................................................................... ............................... 13 ARTICLE 1.2. CITIZENS' RIGHTS 1.2.1 Addressing the Council ..................................................................... ............................... 1.3 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 1.2.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings .......................................................................... ............................... 13&14 1.2.5 Written Communications .................................................................. ............................... 14 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 1.3. COUNCIL AND STAFF RELATIONS 1.3.1 City Manager to Provide Information ............................................... ............................... 1.4 13.2 City Manager's Responses to Requests ..................................... ............................... 14 &15 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 2 -3 -2018 Revised 1.11 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended, or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a Councilmember from a meeting shall be managed in accordance with 2.2 B. A. Quoru m. Four members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. The City Secretary shall annotate the Councilmember's absence and the reason therefore in the minutes of the meeting from which the Councilmember is absent. Council approval of the subject minutes shall ratify the absence and the reason given therefore and thus excuse the absence. If a Councilmember raises an objection to the absence or the reason given therefore at the time the minutes are to be approved, the matter may be place on a future agenda for debate, discussion and further consideration. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A 2 -13 -2018 Revised I recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 (Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his /her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 2.7 City Attorney_. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.1.0 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.1.2 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with 2 -13 -2018 Revised 2 the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 ci =__I; $ uti red.rys.si mn. only 1 1 11 elr °e &6ate-4aw—.Closed Sessions. Closed sessions rnay only be held in accordance with state law. 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Maw. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor :Pro -Tem is present. If the Mayor 2 -13 -2018 Revised 3 Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Mayors Pro Tempore shall be appointed for one -year terms beginning and ending February each year. (b) Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a properly made motion to appoint a member who is both: (a) Eligible to serve as Mayor Pro Tempore (b) Is, at the time of the motion, a Councilmember in good standing (c) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (d) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. 2 -13 -2018 Revised 4 (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. ARTICLE 6. ORDER OF BUSINESS 6.1 A_. eg nda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. 2 -13 -2018 Revised 5 (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and /or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 2 -13 -2018 Revised 6 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption On1X. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording; of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of four (4) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign . a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. Tf the presiding officer is engaged in debate and is, at the insistence of four (4) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the 2 -13 -2018 Revised 7 Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro -Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (1 type). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 Affirmative May Resolved Vote by 4 Interrupt Second by Chair Council- 2/3 Motion Speaker Required Debatable Amendable No Vote members Vote A. Meeting Conduct Motions Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 2 -13 -2018 Revised 8 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no £1. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no Mandatory if seconded; no vote required Unless a greater vote is required by the Charter or State Law 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for persona] accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. Mandatory if seconded; no vote required 2 -13 -2018 Revised 9 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of four (4) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of four (4) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand —or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of four (4) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.1.4). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of -four (4) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a 2 -13 -2018 Revised 10 second, and it is debatable and amendable. An affirmative vote of four (4) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.1.4 Motion to Reconsider. Allows a main motion to be brought back before the City Council . for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 2 -13 -2018 Revised I I 9.16 To Take Action, Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of four (4) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 9.17 Effect of Abstentions; 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 gated to Abstain. When a Council Member is legally obligated to abstain from voting pursuant to Texas Local. Government Code Chapter 1.71, 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 a Council Member has no legal obligation to abstain from voting then an abstention shall be recorded in the minutes as an abstention and shall procedurally be treated as a "no" vote. ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 1.0.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting; Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 2 -13 -2018 Revised 12 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 1.0.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 1.1.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated Location), shall give his /her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No 2 -13 -2018 Revised 13 questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 1.0 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 1.2.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 1.2.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific 2 -13 -2018 Revised 14 Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 1.3.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 1.3.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. 2 -13 -2018 Revised 15 (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 21, 2016 2 -13 -2018 Revised 16 Agenda No. 11 0111 &WOL11"LlusI WU 10I01 [o7 710 UK] City Council Meeting: February 13, 2017 Department: Police Subject: Resolution No. 18 -R -16 — A Resolution authorizing expenditures totaling no more than $141,896.10, an increase of $6,896.10 over the previous approval from the Police Departments Federal. Forfeiture Funds to complete the purchase and construction of an Emergency Response Vehicle and associated equipment. Background Under Resolution 17 -R -61, the City Council authorized the City Manager to enter in to an agreement for the purchase of a 2016 Freightliner Emergency Operations Vehicle and associated equipment, utilizing $135,000.00 of the Police Department's Federal Forfeiture Funds. During the construction of the Emergency Operations Vehicle at Shook Mobile Technologies of Schertz, additional safety and operational equipment needs were identified, increasing the cost by $6,896.10 over the previously approved $135,000.00. The new total cost of the Emergency Operations Vehicle is $1.41,896.10. The additional cost includes upgrades to the roof tower lighting system, interior grab handles, additional emergency /scene lighting, additional interior lighting, a rear step for staff members to use when exiting and additional seating. Goal For City Council to authorize expenditures with Shook Mobile Technologies of Schertz of up to $141,896.10, an increase of $6,896.1.0 above the previously authorized amount to complete the purchase of the Emergency Operations Vehicle. Summary of Recommended Action Approval of this resolution will allow the Police Department to complete the purchase of the Emergency Operations Vehicle and associated equipment. Fiscal Impact The purchase of this Emergency Operations Vehicle will be funded through the Schertz Police Department's Federal Forfeiture Funds and will not have any effect on the city's general fund. Recommendation Approval of Resolution 18 -R -16 Attachment(s) Resolution 18 -R -16 RESOLUTION NO. 18 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ADDITIONAL EXPENDITURES TOTALLING NO MORE THAN $121,996.10 WITH SHOOK MOBILE TECHNOLOGIES OF SCHERTZ FROM THE POLICE DEPARTMENTS FEDERAL FORFEITURE FUNDS FOR THE PURCHASE OF AN EMERGENCY RESPONSE VEHICLE AND ASSOCIATED EQUIPMENT. WHEREAS, Resolution 17 -R -61 previously authorized the purchase of a 2016 Freightliner Emergency Operations Vehicle and associated equipment, utilizing $135,000.00 of the Police Department's Federal Forfeiture Funds; and, WHEREAS, during the construction of the vehicle at Shook Mobile Technologies of Schertz, additional safety and operational equipment needs were identified, increasing the cost $6,896.10 over the previously approved $135,000.00. The new total cost of the Emergency Operations Vehicle is $141,896.10; and, WHEREAS, staff recommends increasing the maximum amount for the Emergency Operations Vehicle from the original $135,000.00 to $141,896.10; and, WHEREAS, funds for the additional cost of the vehicle are available through the Police Department's Federal Forfeiture Funds and no additional General Fund dollars will be spent; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes expenditures of $6,896.10 to complete the construction and purchase of the Emergency Operations Vehicle and authorizes the issuance of an amended Purchase Order to complete the purchase for the total of $141,896.10. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A 50234811.1 A -�. RESOLUTION NO. 17 -R -61 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF ONE (1) EMERGENCY RESPONSE VEHICLE AND ASSOCIATED EQUIPMENT. WHEREAS, the Schertz Police Department has a need to purchase one (1) Emergency Response Vehicle, which will replace the current Emergency Response Vehicle that is no longer in service or supported by the city's fleet department; and WHEREAS, the Schertz Police Department has done due diligence in investigating what type vehicle would best suit the needs of the department, the best quality products to ensure longevity in the use of equipment and overall pricing; and WHEREAS, the Schertz Police Department has chosen Freightliner of Austin, a BuyBoard National Purchasing Cooperative vendor, for the purchase of a 2016 Freightliner 3500 Sprinter 4x4 Van and associated equipment, with the installation of associated equipment to be performed by Shook Mobile Technologies of Schertz; and WHEREAS, the BuyBoard National Purchasing Cooperative is a national online purchasing cooperative formed between the National School Boards Association and several state school boards associations, developed to comply with state laws which require government entities to make purchases through a competitive procurement process; and WHEREAS, BuyBoard gives public entities the advantage of leveraging the cooperative's ability to obtain bulk discounts, combined with the ease of online, web -based shopping and ordering; and WHEREAS, purchases under the cooperative programs meet the requirements under the Texas Local Government Purchasing Code rule for cooperative purchases as adopted by the City of Schertz Resolution 11 -R -41 on August 30, 2011 amending the City's purchasing policy; and WHEREAS, the Schertz Police Department will fund the purchase of the Emergency Response Vehicle through the department's Federal Forfeiture Funds line. WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Freightliner of Austin pursuant to the vendor quote and relevant BuyBoard award information attached hereto as Exhibit A (the "Supporting Documentation "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to accept the BuyBoard quote attached in Exhibit A and issue a Purchase Order compliant with the BuyBoard member procedures to Freightliner of Austin in an amount not to exceed ONE HUNDRED AND THIRTY FIVE THOUSAND DOLLARS ($135,000). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 81h day of August, 2017. CITY OF5,C,4,I IZTZ, TEXAS R. Carpenter, Mayor ATTEST: �bonna Schmoekel, Deputy City Secretary (CITY SEAL) 50234811.1 EXHIBIT A AGREEMENT 50234811.1 A -1 Agenda No. 12 0111 &WOU111►`[4I NiVA 10I01 [o7 710 111101 City Council Meeting: February 13, 2017 Department: City Manager Office Subject: Resolution No. 18 -R -17 Authorizing the Acting City Manager to extend the contract of Jackson A &E Associates, Inc., the City's Owner's Representative for City construction projects. Background In November 2011 the City Council authorized a contract with Jackson A &E Associates, Inc. for the provision of Owner's Representative services for City construction projects. Since that time, Phil Gaudreau, Managing Principal has worked with City staff on a variety of construction projects to include the Animal Adoption Center, the Schertz Aquatic Center, Schertz Soccer Complex, Dog Park, Senior Center renovations, repair of window wall at the Recreation Center and the water- proofing of Fire Station 2. In addition, he has begun the process for the construction of Fire Station 3 and renovations to the Recreation Center locker rooms. As an Owner's Representative, Mr. Gaudreau brings decades of experience and expertise in building construction to aid the City in making sure that our facility construction projects are completed at or below planned cost, at a high- quality level. Each of these projects is managed by a Department Head, however, none of our Department Heads are construction experts. The Owner's Representative works to monitor the design and construction of City projects continuously which places an expert review in place to back -up the Department Head. This also allows the Department Head to continue to manage the day to day affairs of their department and to lean on the Owner's Representative for the knowledge and expertise that they may not have in the construction world. Since the original contract, the City has extended the Jackson A &E Associates contract four times. In each of these extensions, projects have been assigned for the contractual period and the City has always had a clause that we could add additional work that might come up during the extension period. This additional work would be included in the base price of the contract. The latest contract extension will expire at the end of February 2018. . City Staff has asked Jackson A &E Associate to provide us with a proposal for one more extension. With this extension staff has asked them to limit the work to two projects (Fire Station 3 and the Recreation Center Locker Room renovation). Staff believes with the work the Mr. Gaudreau has put into these two projects it would be highly disruptive and cause further delays to remove him from these projects now. Staff will be proposing to begin a Request for Qualifications process in the coming months to provide Owner's Representative services. As with the on -call engineering contracts, which allow for extension, it is appropriate to periodically evaluate firms interested in providing these services. After completing the RFQ process, staff intends to return to Council to approve a new Owner's Representative. This new :Representative will be contracted on an "on -call" basis much like our engineers on call that support our Engineering Department. This firm will provide us a fee schedule and when we have projects, staff will be able to engage them to perform services, but we will not be paying a monthly fee if projects are not there for them to manage. Goal For City Council to authorize the Acting City Manager to enter into a contract extension with Jackson A &E Associates, Inc. for Owner's Representative Services for design and construction of Fire Station 3 and the repairs and renovations to the Schertz Recreation Center. Fiscal Impact The extension of this agreement is on a fee schedule of $1.0,000 per month, not to exceed $120,000. This does not include expenses. This fee schedule has not increased since the City entered into the original contract in 2011. Recommendation Approval of Resolution 18 -R -17 Attachment(s) Resolution 18 -R -17 Contract Extension Agreement, Jackson A &E Associates RESOLUTION NO. 18 -R -17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City continues to require professional services relating to monitoring and managing two City capital improvement projects on behalf of the City; and WHEREAS, City staff has determined that Jackson A &E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the contract extension with Jackson A &E Associates, Inc., pursuant to the Professional Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the Acting City Manager to execute and deliver the Agreement with Jackson A &E Associates, Inc., in substantially the form set forth on Exhibit A, totaling no more than $120,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A FEW Mr. Brian James Interim City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for Owner's Representative Services Dear Mr. James: Jackson A &E Associates, Inc. (JA &E) is pleased to submit this Proposal to perform Owner's Representative Services for the City of Schertz, Texas. We appreciate the opportunity to provide our professional services and look forward to working with the City of Schertz staff. Presented below is our understanding of the proposed projects and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of Owner's Representative Services for tasks as directed by the City of Schertz (City), Texas to assist in the design and construction process for Fire Station Number 3 and the repairs and renovation of the YMCA building. The City will provide all information available regarding the project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. SCOPE F SERVICES The Total Scope of Services for Owner's Representation Services for the above projects is proposed to follow thru until the completion of the current projects or twelve months beginning March 1, 2018. E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 2 of 11 ASSOC 1FVi-ESt Additionally as time permits, work with City Staff to develop Master Specifications for the City's future use. SCOPE EXCLUDED ITEMS The following items are excluded from the Scope of Services: Coordination of the purchase and installation of furniture, fixtures and equipment and other direct purchase vendors Post construction control and administration Facilitation of formal partnering with the entire project team throughout the project Coordination of any required formal dispute resolution in concert with City Attorney Participation in the development and implementation of a project commissioning plan Move management ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. Jackson A &E Associates, Inc. can begin work on these projects upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation is immediate. The total time frame anticipated to perform all phases of the Scope of Services is not known at this time. A contract amendment is anticipated at the appropriate point in the future. A secure office space and facility access will be provided by the City for JA &E's use and storage of project plans and documentation. PROFESSIONAL E i FEES The fee for JA &E's professional services on the Projects as described in this proposal is based upon the information provided for the project, the Scope of Services only, the time frame anticipated, the referenced terms and conditions, and is $10,000.00 per month with a not to exceed value of $120,000.00 which does not include expenses. Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall be E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 3 of 11 ASSOC 1FVi-ESt reimbursed at the actual costs without markup. Reasonable telephone, postage and copying expenses are included. One color paper copy and one electronic copy (in PDF format) of all correspondence and reports are included. Other reimbursable expenses or direct costs attributable to the project required will be billed in addition to these with no markup. Professional Liability Insurance cost shall be billed at the actual cost plus ten percent. Any additional professional services required beyond this scope will be billed at the rate of $175.00 per hour. Professional services related to legal proceedings shall be billed at one and one -half times the scheduled rate. City agrees to pay JA &E's invoice upon receipt. If payment is not received within 30 days from the City's receipt of JA &E's invoice which is considered past due, City agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. After five days prior notice to City, JA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA &E within 45 days of City's receipt of JA &E's invoice. City receipt of invoice will be presumed one day after hand or electronic delivery. Jackson A &E Associates, Inc. understands your need for Owner's Representative Services and is committed to providing you responsive, effective and timely consulting services on this project. To authorize this proposal, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the agreement for this project Respectfully submitted, Jackson A&E Associates, Inc. Philip R Gaudreau, Assoc AIA, CSI Managing Principal City of Schertz, Texas Brian James, Interim City Manager E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 4 of 11 ASSOC 1FVi-ESt APPENDIX SCOPE OF SERVICES OWNER ESE T Ti SERVICES 1. PROFESSIONAL SERVICES C E E T, PROGRAMMING AND MASTER PLANNING During the professional services procurement, we will: A. Participate in discussions with representatives of the City of Schertz to refine the scope of the project. B. Meet with the City regarding the selection of a Construction Manager at Risk (CMR) for the project and assist in the development of the Request for Qualifications (RFQ). C. Assist in the negotiation and contract preparation with the CMR for these projects including defining the scope of work. D. We will assist in the appropriate consultant selection process, including quality control and construction materials testing. E. The need for specialty consultants will be evaluated for issues such as geotechnical engineers, cost estimators, acoustical concerns, audio visual needs, security, furniture and art, and then the consultants as needed will be selected. F. Prepare Requests for Proposals (RFP) for the construction delivery method chosen. G. Assist the City in evaluating the responses received from the RFP. H. Set up interviews, if necessary, and assist the City in the selection of the Construction Professionals. 1. Present the team recommendations for Construction Professionals to the City Council for their review and approval. J. Assist in the negotiation and preparation of the contract for Construction Professionals. E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 5 of 11 ASSOC 1FVi-ESt During the programming and master planning phase, we will: K. Meet with representatives of the City of Schertz and the Architect to continue to refine the scope of the project from a departmental inclusion, timing and priority approach. L. After determining the final programming criteria, we will assist in refining the project plan. M. Review and provide comments on previously commissioned studies and plans. N. Arrange and attend meetings for the A/E team to interview the various departments included to obtain initial programming and master planning data. O. Assist the A/E team in collecting data for the included departments existing systems and equipment. P. Review, provide comments and overviews of summarized information gathered. Q. During this phase of the project and others as required, we will prepare presentations for and attend meetings with the City Manager's office and City Council. 11. DESIGN DEVELOPMENT AND CONSTRUCTION PREPARATION During the documentation preparation phase, we will: A. Conduct periodic meetings of the entire project team to address project status, issues and concerns. B. Review and analyze the drawings, budgets, meeting minutes and other descriptive material produced. C. Review geotechnical and environmental reports and advise the City on issues, potential effects and risks to the project. D. Review information produced applicable to local, state and federal codes and regulations, including zoning, energy, handicap access, storm -water runoff, and others which typically cause impact for projects of the nature anticipated. E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 6 of 11 ASSOC 1FVi-ESt E. Provide design reviews and written comments as requested to the design team concerning contract documents produced at applicable phases of the project. F. Prepare a presentation to the City on the progress of the drawings, budgets and other descriptive materials at the Schematic Design, Design Development and the completion of Construction Documents. G. During the course of the various design phases and after the bids for the project are received, we will represent the owner during the value engineering process to aid in achieving a balance between cost and the facility requirements. Ill. BIDDING, CONSTRUCTION MONITORING T T CLOSEOUT During the bidding phase, we will: A. Work with the Construction Professionals in their prequalification process for contractors and subcontractors for the project. B. Assist in appropriate contractor and subcontractor selection process. C. Review of potential bidders and assist in soliciting bids for the construction. D. Work with the Construction Team to evaluate the bids for appropriate completeness based on documentation presented. E. Review all construction related costs (excluding soft costs) and provide an opinion as to its adequacy and appropriateness in relation to industry standard costs. Opinion of Cost Review will be conducted on information provided. F. Review the construction progress schedule and form an opinion as to appropriateness of the projected sequencing, duration of work items, and realism of the estimated Project completion based on the scope of the Project and the current availability of both materials and labor. During the construction monitoring phase, we will: G. Make scheduled bi- weekly site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and the status of construction completion. E kE City of Schertz, Texas - JA &E Proposal February 5, 2018 �,,, .• "�' Multiple Projects - Schertz, Texas Page 7 of 11 ASSOC 1FVi-ESt H. Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. 1. Report on the progress of the construction to date in relation to the Construction Manager's projected construction schedule, noting concerns or issues with sequencing or completion timing. J. Review existing and ongoing soils, structural steel, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. K. Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. L. Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. M. Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. N. Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. O. Review safety programs developed by the Construction Manager for the contractors and subcontractors and note any deficiencies in the implementation of such programs. During the contract closeout phase and upon substantial completion of the Project, we will: P. Assist in the creation of the City's punch list. Q. Review the Architect's punch list identifying the remaining items necessary for correction and completion of Contractor's work and evaluate whether said list is complete and correct based on previous monthly observation, and see to the timely completion and resolution of such items on the punch list. E kE City of Schertz, Texas — JA &E Proposal February 5, 2018 i,,, .• "�' Multiple Projects — Schertz, Texas Page 8 of 11 ASSOC IXI-ESt JA&E TERMS AND CONDITIONS Jackson A &E Associates, Inc. (JA &E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1. SERVICES. Jackson A &E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA &E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay JA &E's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of JA &E's invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days prior notice to Client, JA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA &E within 45 days of Client's receipt of JA &E's invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA &E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA &E for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. JA &E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA &E's profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4. INSURANCE. JA &E can maintain insurance coverage as follows: Worker's Compensation Insurance - statutory. Employer's Liability Insurance - $1,000,000 Commercial General Liability Insurance - $1,000,000 Automobile Liability Insurance - $1,000,000 Excess Umbrella - $1,000,000 S. PROFESSIONAL LIABILITY. JA &E does not carry Professional Liability Insurance. For additional consideration from JA &E of $1.00, receipt of which is hereby acknowledged, Client agrees that JA &E's liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by JA &E will be limited to an aggregate of $25,000. If Client requires JA &E to have professional liability, JA &E agrees to try to increase the aggregate limit, up to a maximum of $1,000,000, upon Client's written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of JA &E's total costs. This limitation shall not apply to the extent prohibited by law. 6. EXTENSION OF PROTECTION. Client agrees that any all limitations of JA &E's liability and indemnifications by the Client to JA &E shall include and extend to those individuals and entities JA &E retains for performance of the services under this Agreement, including but not limited to JA &E's officers, partners and employees and their heirs and assigns, as well as JA &E's subconsultants and their officers, employees, heirs and assigns. 7. CORPORATE PROTECTION. It is intended by the parties to this Agreement that JA &E's services shall not subject JA &E's individual employees, officers, directors, managers or partners to any personal legal exposure for the risks associated with the services. Therefore, and notwithstanding anything to the contrary herein, Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and /or A C K S 0 N City of Schertz, Texas — JA&E Proposal February 5, 2018 Multiple Projects — Schertz, Texas Page 9 of 11 ASSOC IXI-ES asserted only against JA&E, a Texas Corporation, and not against any of JA&E's individual employees officers, directors, managers or partners. 8. SITE OPERATIONS. Client will arrange for right-of-entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. JA&E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of JA&E's negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby acknowledged, to the extent permitted by law, to indemnify JA&E, its officers, directors, employees, agents and subcontractors, from any such claim, suits or losses, including related reasonable attorney's fees. JA&E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in JA&E's proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests JA&E to repair such damage, JA&E will do so at an appropriate additional cost. 9. FIELD REPRESENTATIVE. The presence of JA&E's or its subcontractor's field personnel, either full-time or part-time, may be for the purposes of providing project administration, assessment, observation and/or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by JA&E be involved in the project, Client will advise such contractor(s) that JA&E's services do not include supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents. Client will also inform contractor that the presence of JA&E's field representative will not relieve the contractor of its responsibilities for performing the work in accordance with its agreement with Client. If a contractor (not a subcontractor of JA&E) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working condition on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that JA&E will not be responsible for job or site safety or security on the project, other than for JA&E's employees and subcontractors, and that JA&E does not have the duty or right to stop the work of the contractor. 10. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing JA&E's services. If this occurs, JA&E will suspend services and promptly notify and consult with Client, but will act based on JA&E's sole judgment where risk to JA&E personnel is involved. Possible actions could include: a) Complete the original Scope of Services in accordance with the procedures originally intended in our proposal, if practical in JA&E's judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified by JA&E in writing. 11. DOCUMENTS. JA&E will furnish Client the agreed upon number of documents and supporting information. These instruments of service are furnished for Client's exclusive internal use and reliance, use of Client's counsel, use of Client's qualified bidders and for regulatory submittal in connection with the proposed services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated by JA&E under this Agreement shall remain the sole property of JA&E. JA&E shall retain all common law, statutory and other reserved rights, including the copyright thereto. Any unauthorized use or distribution of JA&E's work shall be at Client's and recipient's sole risk and without liability to JA&E. JA&E may retain a confidential file copy of its work product and related documents. A C K S 0 N City of Schertz, Texas — JA&E Proposal February 5, 2018 Multiple Projects — Schertz, Texas Page 10 of 11 ASSOC IXI-ES b) If Client desires to release, or for JA&E to provide, our work product(s) to a third party not described above for that party's reliance, JA&E will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agreement). Work product(s) provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that JA&E's work product(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for JA&E and by this request waives any such claim should JA&E comply with the request. c) Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents provided by JA&E pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without JA&E's prior written approval. d) Client shall furnish documents or information reasonably within Client's control and deemed necessary by JA&E for proper performance of our services. JA&E may rely upon Client-provided documents in performing the services under this Agreement; however, JA&E assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client, but JA&E may retain one confidential file copy as needed to support our work product. 12. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of non-binding mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney's fees. 13. OPINIONS OF COST. if requested, JA&E will use its best efforts and experience on similar projects to provide realistic opinions of probable costs for remediation, repair or construction as appropriate based on reasonably available data or JA&E's recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing by JA&E. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond JA&E's control. JA&E makes no warranty, express or implied, that bids or negotiated costs of such work will not vary from JA&E's opinions of probable costs. 14. TESTIMONY. Should JA&E or any JA&E employee be compelled by law to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and JA&E is not a party in the dispute, then JA&E shall be compensated by Client for the associated reasonable expenses and labor for JA&E's preparations and testimony at appropriate unit rates. 15. CONFIDENTIALITY. JA&E will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. 16. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. 17. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and JA&E shall survive the completion of the services and the termination of this Agreement. 18. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 19. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 20. CONSIDERATION. The parties agree that the charges for JA&E's services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. A C K S 0 N City of Schertz, Texas — JA&E Proposal February 5, 2018 Multiple Projects — Schertz, Texas Page 11 of 11 ASSOC IXI-ES 21. INTEGRATION. This Agreement, the attached documents and those incorporated by reference herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. 22. STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that JA&E's services are completed or terminated. 23. CLIENT DISCLOSURE. Client agrees to advise JA&E upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or JA&E's equipment. Client agrees to provide JA&E continuing related information as it becomes available to the Client. By virtue of entering into this Agreement or providing services hereunder, JA&E does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal, state or local public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent damage to human health, safety, or the environment. 24. ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, including but not limited to mold, and to the maximum extent permitted by law, Client agrees to defend, hold harmless, and indemnify JA&E from and against any and all claims, liabilities, or judgments, except to the extent finally determined as being caused by JA&E's negligence or willful misconduct, resulting from: a) Client's violation of any federal, state, or local statute, regulation, or ordinance relating to the management or disposal of toxic or hazardous substances or constituents; b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of toxic or hazardous substances or constituents found or identified at the site; c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before, during, or after the completion of JA&E's services; d) Allegations that JA&E is a handier, generator operator, treater, storer, transporter, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation, ordinance, or law due to JA&E's services; e) A release of toxic or hazardous substances or constituents at or from the project site before, during, or after completion of JA&E's services under this Agreement. Any third party suit or claim for damages against JA&E alleging strict liability, personal injury (including death) or property damage from exposure. 25. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining samples and other specimens are disposed of 30 days after submission of JA&E's report. END OF JA&E TERMS AND CONDITIONS Agenda No. 13 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Planning & Community Development Subject: Ordinance No. 17 -5 -50 — Conduct a Public Hearing and consideration and/or action on an amendment to the Code of ordinances of the City of Schertz. Establishing a Building and Standards Commission, providing a criminal penalty, providing for publication, and providing an effective date. (Final Reading) UPDATE FROM JANUARY 9, 2018 CITY COUNCIL MEETING: During the January 9th City Council meeting, Council members expressed an interest in meeting with Planning & Community Development Staff prior to the second hearing in order to ensure that all questions, comments, and suggestions were heard. Planning & Community Development Staff made contact with City Council members and conducted individual meetings with all Council members that wanted to meet. During those meetings, Council members provided suggestions that will be noted and discussed as possible changes at the February 13th Council meeting during staff's presentation. Additionally, during the January 9th City Council meeting, a request to update both Exhibit A and Exhibit B to alter the way all numbers were being presented. The exhibits previously stated for example, "30 days ". With the currently proposed exhibits all numbers for both Exhibit A and Exhibit B have been changed to follow this example, "thirty (30) days ". Staff determined that this change is consistent with other City codes and ordinances. This is the only change that was made to the exhibits between the January 91h City Council meeting and the February 13th City Council meeting. During the January 9th City Council meeting, a request was made to distinguish between business days and calendar days. The proposed Exhibit A and Exhibit B currently just state, for example "thirty (30) days ". During staffs review of this request it was determined that including a distinction between calendar or business days in this ordinance would not be consistent with all other City codes and ordinances. With discussions between staff and legal, if there is no distinction made then the assumption is that the days referenced are calendar days. Therefore the requested change to include business or calendar was not included with the proposed Exhibits for the February 13th City Council meeting. City Council Memorandum Page 2 During the December 12th City Council meeting Ms. Michele Tereletski, a resident of Schertz, during the hearing of residents posed questions and points of concern with the creation of the Building and Standards Commission. Council requested that staff meet one on one with Ms. Tereletski to discuss the commission and her concerns. On December 27 th City staff and Ms. Tereletski met and discussed her questions in regards to publishing in the newspaper, why certain items could not go to the Board of Adjustment, and her various other aspects of the proposed ordinance. Additionally, during the December 12th City Council meeting, a question was brought to Staff s attention in regards to the amount of civil penalties being listed as follows: "may not exceed $1,000 per day for each violation, unless the property is shown to be the owner's legal homestead, in which case the penalty shall not exceed $10 per day for each violation". These are the maximum amounts allowed per the Texas Local Government Code Section 214.00150). Given that civil penalties do not have to be imposed and if they are can be imposed in lesser amounts, staff is proposing to iniffor State Law with regard to the maximum amounts. Section C Criteria for Assessing Civil Penalties under Authority — Penalties on page 10 provides guidance on assessing penalties: "In assessing a civil penalty, the Commission shall consider the severity of violations present, the history of compliance of the property or the owner, lienholder or mortgagee, and the efforts taken, if any, to correct the violations." During staff s preparation for a scheduled workshop to discuss the Building and Standards Commission two other changes were noticed and made. One of the two changes is part of Chapter 54- Nuisances Article V. Property Maintenance Requirements, Sec. 54.20- Demolition- within this document specifically under State Law Reference (2), which can be seen as part of Exhibit A of the Ordinance, references 10 days, however per state law 30 days is correct. Staff corrected this to state 30 not 10. The other change is part of the procedures governing the Building and Standards Commission. Specifically under Final Decision —A and Judicial Review- A. both of these sections reference "under Section 10.05 of this Article". This text does not relate to relevant information and therefore was removed. BACKGROUND In October, 2017 Planning staff proposed changes to the Unified Development Code to Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11, and 14. As part of this presentation staff described the need to create a new commission, the "Building and Standards Commission" in order to hear cases related to building code and fire code decisions and appeals. At the October 24 th City Council approved Ordinance 17-S-40, an amendment to UDC Article 3 which created the UDC language for a "Building and Standards Commission". At this City Council meeting, staff noted that although the modification to the UDC was a starting point for the creation of this commission, staff would come to City Council in order to fully establish the Building and Standards Commission within City code. City Council Memorandum Page 3 This proposed ordinance is to fully establish the Building and Standards Commission by updating the City Code of Ordinances. The creation of this commission is intended to provide an appropriate outlet for applicants requesting review of a building code item, appealing a decision of the fire marshal, fire chief, or the building official, and to review and take appropriate actions on buildings found to be in violation of a city ordinance or a public nuisance. This proposed Ordinance is to modify / create the following items: • Chapter 18 — Building and Building Regulations Article 1. In General, Sec. 18 -6 o Full Text In Ordinance Exhibit "A" o Update to replace Sec. 18 -6 Board of Appeals ( which this board does not currently exist) with "Building and Standards Commission" • Chapter 30 — Fire Prevention and Protection, Article V. — fire Prevention Code, Sec. 30- 82 Amendments o Full Text In Ordinance Exhibit "A" o Update to replace Sec. [A] 108 Board of Appeals ( which this board does not currently exist) with `Building and Standards Commission" • Chapter 54- Nuisances Article V. Property Maintenance Requirements, Sec. 54.20 - Demolition o Full Text In Ordinance Exhibit "A" • Update to replace "Board of Adjustment" with "Building and Standards Commission ". This change is to ensure that the Building and Standards Commission can hear cases related to demolition. Currently, it reads as Board of Adjustment (BOA) which is not appropriate since BOA should only items related to zoning. • Update to replace "director of development services or his /her designee and the marshal" with "City Manager ". This change is to be consistent with other language where the City Manager is identified and then the appropriate staff member will be assigned to the specific item. Additionally, with change in staff titles the currently listed staff members are no longer appropriate. • Change from original December 12, 2017 version to correct an allotted amount of time for an appeal to meet the State law requirement: ■ Replace ten days with 30 days and remove ",within 30 days" from the end of the sentence from the following section State Law Reference (2) • Creation of the procedures governing the Building and Standards Commission. o Full Text In Ordinance Exhibit `B" • Created utilizing the adopted UDC language and Texas Local Government Code • This document provides the requirements for members, meetings, the authority the commissions has been provided, the criteria for determining cases, notice requirements, action time frames of the Commission, time frame for compliance with Commission determinations, fees, judicial review, and authority penalties. • Change from original December 12, 2017 version to remove a reference that was unclear: ■ Removal of "under Section 10.08 of this Article" from the following two sections • Final Decision- A • Judicial Review - A City Council Memorandum Page 4 The purpose of this ordinance is to create the justification and procedures for the Building and Standards Commission, which in October the City Council approved to include in UDC Article 3 as a Board, Commission or Committee. This amendment was drafted by Planning Staff and by the City Attorney (Daniel. Santee, Denton Navarro Rocha Bernal & Zech). Goal To amend the Code of Ordinance to create a new commission, the Building and Standards Commission to provide a more appropriate outlet in regulation with Texas Local Government Code. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Review and approve Ordinance 17 -S -50 an amendment to the Code of Ordinance establishing a Building and Standards Commission, providing a criminal penalty, providing for publication, and providing an effective date. FISCAL IMPACT I RECOMMENDATION Staff recommends approval of Ordinance 17 -S -50 an amendment to the Code of Ordinance establishing a Building and Standards Commission, providing a criminal penalty, providing for publication, and providing an effective date as presented. ATTACHMENT Ordinance No. 17 -S -50 Ord 17 -S -50 Exhibit A Ord 17 -S -50 Exhibit B ORDINANCE NO. 17 -S -50 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; ESTABLISHING A BUILDING AND STANDARDS COMMISSION; PROVIDING A CRIMINAL PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Schertz, Texas is a Home Rule Municipality acting under authority of its Charter and laws of the State of Texas; and WHEREAS, the City Council has determined that the interests of the public are best served when buildings and structures within the City are maintained in accordance with Building and Fire Codes; and WHEREAS, Chapter 54 of the Texas Local. Government Code authorizes a municipality to adopt ordinances for the preservation of public safety, relating to the materials or methods used to construct a building or improvements, relating to the fire safety of a building or improvements, relating to dangerously damaged or deteriorated buildings or improvements, relating to conditions caused by accumulations of refuse, vegetation or other matter that create breeding and living places for insects and rodents, relating to a building code or to the condition, use, or appearance of property in a municipality; and WHEREAS, the City has adopted the International. Property Maintenance Code as well as other International Fire and Building Codes to ensure that the condition of property and structures within the City are maintained in a safe and healthy manner; and WHEREAS, Chapter 21.4 of the Texas Local Government Code authorizes municipalities to adopt ordinances to establish minimum standards for the continued use and occupancy of buildings and to require the vacation or relocation of occupants, as well as the securing, repair, removal or demolition of a building that is dilapidated, substandard or unfit for human habitation and a hazard to the public health safety and welfare; and WHEREAS, the City has adopted ordinances establishing minimum standards for use and occupancy of structures within its jurisdiction; and WHEREAS, the City Council is authorized by Chapter 54 of the Texas Local Government Code to provide for the appointment of a Building and Standards Commission to hear and determine cases concerning alleged violations of Ordinances regulating buildings and structures, to order appropriate remedial actions, and to impose civil penalties as allowed by law; and WHEREAS, the City Council hereby finds that adopting this ordinance establishing a Building Standards Commission is appropriate and necessary to ensure that buildings and structures within the City meet minimum requirements, to allow due process for review of administrative decisions, to address and abate floodplain violations, and to perform other functions set forth herein below; and WHEREAS, the City Council finds that by adopting this Ordinance serves the best interests of the City and health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. There is hereby created a Building and Standards Commission in accordance with the provisions of Subchapter C of Chapter 54 of the Local Government Code, V.T.C.A., as amended, and such Commission shall be empowered to operate under the laws of the City of Schertz and the State of Texas as set forth in the Attached Exhibits A and B and may exercise such other powers and authority conferred upon it by Subchapter C of Chapter 54 and Subchapter A of Chapter 214 "Dangerous Structures" of the Texas Local Government Code, as amended, or by other statutes or ordinances. Section 2. That until such time as a sufficient number of citizens who meet the criteria established for appointment to the Building and Standard Commission are appointed by the City Council, the Board of Adjustment shall hear and rule upon all matters the Building and Standards Commission is empowered to hear and rule upon. Section 3. Chapter 18, Chapter 30, and Chapter 54 of the City of Schertz Code of Ordinances is hereby amended as set forth in the attached Exhibit A, attached hereto and incorporated herein. Section 4. That the Building and Standards Commission shall be empowered to operate in conformance with the Rules of Procedure as set forth in the attached Exhibit B, attached hereto and incorporated herein. Section 5. 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 6. 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 7. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 8. 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 9. 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 10. Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Further, if the governing body of the City of Schertz determines that a violation of this Ordinance creates a threat to the public safety, the City may bring suit in the District Court to enjoin such violation and seek such remedies as allowed by law. The civil and criminal remedies and penalties provided in this Article shall be cumulative of those provided by state law and provided herein. Section 11. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 9th day of January, 2018. PASSED, APPROVED and ADOPTED ON SECOND READING, the 13th day of February, 2018. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) EXHIBIT A Chapter 18 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE I. - IN GENERAL, Sec. 18 -6. — Board of appeals, is hereby amended as follows: 11 Sec. 1.8 -6. — Building and Standards Commission. All appeals relative to the application and interpretation of the codes adopted in this chapter shall be to the Building and Standards Commission as established under the Unified Development Code, Article 3, Boards, Commissions and Committees. Chapter 30- FIRE PREVENTION AND PROTECTION, ARTICLE V.-FIRE PREVENTION CODE, Sec. 30 -82 Amendments, is hereby amended to include the following amendment to the International Fire Code, 2012 Edition (IFC -201) with modification to the approval body: DELETE: I- Sec. [A] 108 Building and Standards Commission All appeals relative to the application and interpretation of the codes adopted in this chapter shall be to the Building and Standards Commission as established under the Unified Development Code, Article 3, Boards, Commissions and Committees. 1 Chapter 54- NUISANCES Article V. PROPERTY MAINTENANCE REQUIREMENTS, Sec. 54.20- Demolition, is hereby amended as follows with marked through text identifying language to be removed and red and underlined text identifying language being added: Sec. 54 -20. - Demolition. (a) General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, and to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. (b) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. (c) Salvage material. When any structure has been ordered demolished and removed, the city or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price reasonably obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. (d) Procedure. State Law reference— LGC 214.001. (1) A public hearing shall be held before the city's board of adjustment Buiidi g -nth Standards s C,orm-nission to determine whether the building complies with the city's minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction (see section 54 -17 above) in connection with any person directly affected by a decision of the code official or a notice or order issued under section 54 -20. (2) The parties to any proceeding under this section 54 -20 before the city's beard-of adjustment B "Uildjng_�!ild Standards C:om aissi an shall have the right to appeal the decision of the city's bomd of adj stmer 4 Building and Standards _Comrnission to the state district court within tee thirty of such decision, or to the extent that Section 214.0012 of the Texas Local Government Code applies, within 30 days (3) The eity marshal his4io„ designee and the di feeter- of development ser-vie C'ity_ Winaa or his /her designee shall present all cases related to this section 54 -20 on behalf of the city before the bow of aa; 13aiCiirsa_Srcla:Td Commission. (4) Whenever it is determined that there are reasonable grounds to believe that there has been a violation of any provision of this section 54 -20 or of any rule or regulation adopted pursuant thereto, notice of such alleged violation shall be given to the owner, and as applicable and as more fully described below, to each lienholder and mortgagee. Such alleged violations shall constitute a nuisance. (5) A notice of a hearing sent to an owner, lienholder, or mortgagee under this section 54 -20 must include a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work. 2 (6) After the public hearing, if a building is found in violation of standards, the city's beat' of adjustment adldi g,_<nd Mr dard _Co- mmission may order that the building be vacated, secured, repaired, removed, or demolished by the owner within a reasonable time as provided below. The city's board of adjuster uii ip_g end 5,!,an arils C omi -ni sion also may order that the occupants be relocated within a reasonable time. If the owner does not take the ordered action within the allotted time, the city shall make a diligent effort to discover each mortgagee and lienholder having an interest in the building or in the property on which the building is located. The city shall personally deliver, send by certified mail with return receipt requested, or deliver by the United States Postal Service using signature confirmation service, to each identified mortgagee and lienholder a notice containing: a. An identification, which is not required to be a legal description, of the building and the property on which it is located; b. A description of the violation of municipal standards that is present at the building; and C. A statement that the city will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. (7) As an alternative to the mortgagee and lienholder notice procedure prescribed by section 54- 20(d)(6), the city may make a diligent effort to discover each mortgagee and lienholder before conducting the public hearing and may give them a notice of and an opportunity to comment at the hearing. In addition, the city may file notice of the hearing in the official public records of real property in the county in which the property is located. The notice must contain the name and address of the owner of the affected property if that information can be determined, a legal description of the affected property, and a description of the hearing. The filing of the notice is binding on subsequent grantees, lienholders, or other transferees of an interest in the property who acquire such interest after the filing of the notice, and constitutes notice of the hearing on any subsequent recipient of any interest in the property who acquires such interest after the filing of the notice. If the city operates under this section, the order issued by the city may specify a reasonable time in accordance with the provisions set forth below for the building to be vacated, secured, repaired, removed, or demolished by the owner or for the occupants to be relocated by the owner and an additional reasonable time in accordance with the provisions set forth below for the ordered action to be taken by any of the mortgagees or lienholders in the event the owner fails to comply with the order within the time provided for action by the owner. Under this section 54- 20(d)(7), the city is not required to furnish any notice to a mortgagee or lienholder other than a copy of the order in the event the owner fails to timely take the ordered action. (8) Within ten (1_Q)_days after the date that the order is issued, the city shall: a. File a copy of the order in the office of the city secretary; and b. Publish in a newspaper of general circulation in the city a notice containing: I. The street address or legal description of the property; 2. The date of the hearing; 3. A brief statement indicating the results of the order; and 4. Instructions stating where a complete copy of the order may be obtained. (9) After the hearing, the city shall promptly mail by certified mail with return receipt requested, deliver by the United States Postal Service using signature confirmation service, or personally deliver a copy of the order to the owner of the building and to any lienholder or mortgagee of the building. The city shall use its best efforts to determine the identity and address of any owner, lienholder, or mortgagee of the building. (10) In conducting a hearing under this section 54 -20, the city s ' ,.._ board of adjustment _ndards- _C011„ 1SISIOn (if it finds that the building fails to comply with the city's minimum standards for the continued use and occupancy of all buildings regardless of the date of their construction) shall require the owner, lienholder, or mortgagee of the building to within th rty --t )_days: a. Secure the building from unauthorized entry; or Repair, remove, or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within -thirty--L30)-days. (||) l[ the city's allows the owner, |ieubok(u,uz mortgagee more than to repair, remove, mdemolish the building, the city's board o� in consultation with the director- of development seFvi or his/her designee and the marshal �dyI�g��gjor|�s/he/ designee, shall establish specific dmumobo�Jom for the uomuznucemeouand porforuzm�ccofthe work and shall require the owner, lionbo|doco,mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, ns determined 6ycity's Commission, iu consultation with the director- of development services or his/her designee and the marshal {31y B&gnagyrnr his/her designee. (12) The oi»/a may not allow the o*ocr` |luubn|dcr, oz mortgagee more than -days to repair, remove, oz demolish the building nr fully perform all work required to comply with the order unless the owner, lienholder, or mortgagee: a. Submits u detailed plan and time schedule for the work a1 the hearing; and b. Establishes at the hearing that the work cannot reasonably be completed within ni I(A),(90) days because of the scope and complexity of the work. (13) If the city's nUoxm the ovmu,` lioubn|do,' or mortgagee more Uam[ii ��_�KTLdoya to complete any part of the work required to repair, remove, or demolish the building, the boar Cornmis jon shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the Q 1v M m r �� o 00000euocnocou and performance of the nm6c. The oolc/ may require that the nvmcr, |ienkn|Je,` or mortgagee appear before City Managg or his/her designee to demonstrate compliance with the time schedules. If the owner, lienholder, n/ mortgagee owns property, including structures nr improvements ou property, within the city boundaries that exceeds $lOO.00O.O0iu total value, the city's board of adjustmen Build n&amd may require the nvmcr, liooho|dur, or mortgagee to post u cash c« surety bond �nun amount adequate to cover the cost ofrepairing, removing, or demolishing o building under this oohnmctinu. In lieu ofobond, the city's may rogu�o�eowner, lienho|Jc/,or mortgagee to provide a letter of credit from a financial institution or a guaranty ftorn a third party approved 6y the city. The bond must hx posted, nr the letter ofcrcdbuodhbJpurtygnu/outypozviJeJ`noi|o1urtbon the thirtieth '),-Juy after the date the city's board of adjustmen RLLjd ajid Standards Commission issues the order. (14) lou public hearing before the oix/o 0mdetermine Stan - whether u building complies with the minimum etauJazde for the uoutiuucd Commission nao and ouonpuuoy of all buildings regardless of the date of their construction, the owner, lienholder, or mortgagee has the burden of proof to demonstrate the scope of any work that may bc required to comply with the minimum standards and the time b will take to reasonably perform the work. (15) If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, ,onzovo, or demolish the building or relocate the occupants at its own expense. This subsection does not limit the ability of a city to collect on a bond or other financial guaranty that may bo required hy section 54-20(d)(l3). (16) If the city incurs expenses under section 54-20(d)(I 5), the city may assess the expenses on, and the city has a lien against, unless it is expressly prohibited under applicable state law, the property on which the building was located. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the county clerk in the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with areasonable oOou, alngal description of the real property oo which the building was located, the amount of expenses incurred by the city, and the balance due. (17) If the notice is given and the opportunity to relocate the tenants o[ the building or\orepair, remove, or demolish the building is afforded to each mortgagee and licoboldcroa set forth iuthis section 54-20, the lien iau privileged lien subordinate only to tax liens. 4 (18) The city satisfies the requirements of this section 54 -20 to make a diligent effort, to use its best efforts, or to make a reasonable effort to determine the identity and address of an owner, a lienholder, or a mortgagee if the city searches the following records: a. County real property records of the county in which the building is located; b. Appraisal district records of the appraisal district in which the building is located; C. Records of the secretary of state; d. Assumed name records of the county in which the building is located; e. Tax records of the city; and f Utility records of the city. (19) When the city mails a notice in accordance with this section 54 -20 to a property owner, lienholder, mortgagee, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. (20) In addition to the procedures set forth above, the city may secure, in accordance with the procedures set forth below, a building that the city's code official determines (1) violates the minimum standards; and (2) is unoccupied or is occupied only by persons who do not have a right of possession to the building: State Law reference— LGC 214.0011. a. Before the eleven th 11101) day after the date the building is secured, the city shall give notice to the owner by: 1. Personally serving the owner with written notice; 2. Depositing the notice in the United States mail addressed to the owner at the owner's post office address; 3. Publishing the notice at least twice within a to LQ day period in a newspaper of general circulation in the county in which the building is located if personal service cannot be obtained and the owner's post office address is unknown; or 4. Posting the notice on or near the front door of the building if personal service cannot be obtained and the owner's post office address is unknown. The notice must contain: 1. An identification, which is not required to be a legal description, of the building and the property on which it is located; 2. A description of the violation of the municipal standards that is present at the building; 3. A statement that the city will secure or has secured, as the case may be, the building; and 4. An explanation of the owner's entitlement to request a hearing before the city's beard of adjustment Btar ,n g uA S" - rds Commission about any matter relating to the city's securing of the building. C. The city's boafd of adjustmen - Build i i — &;ltd t nd rcis-- Cotritriiss on shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the city's securing of the building if, within t;� lay L )_days after the date the city secures the building, the owner files with the city a written request for the hearing before the city's boar' of adjustment BiLi drx ^.;_ tend - -- tanda:r°ds,- - -C.or n—� i_ssion. The city's boafa of adjustment i3uilding_ amoral Standards Commission shall conduct the hearing within tw my 20), days after the date the request is filed. d. The city has the same authority to assess expenses under this section as it has to assess expenses under section 54- 20(d)(16). A lien is created under this section in the same manner that a lien is created under section 54- 20(d)(16) and is subject to the same conditions as a lien created under that section. RULES OF PROCEDURE GOVERNING THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF SCHERTZ TEXAS Building and Standards Commission Created There is hereby created a Building and Standards Commission ( "the Commission ") in accordance with the provisions of Subchapter C of Chapter 54 of the Local Government Code, V.T.C.A., as amended. Members A. Number, Appointment, Qualifications. The Commission shall consist of five (5) regular members each to be appointed by the City Council. The City Council may also appoint up to two (2) alternate members with the same duties and responsibilities as regular members who shall serve in the absence of one (1) or more regular members when requested to do so by the City Manager, or designee. All cases shall be heard by at least four (4) members. Each member, whether regular or alternate, shall be appointed by majority vote of the City Council. To the extent possible, members of the Commission should be qualified in one of the following fields: 1. Registered design professional with architectural experience or a builder or superintendent of building construction; 2. Registered design professional with mechanical and plumbing engineering experience or a mechanical contractor or plumbing contractor; 3. Registered design professional with structural engineering experiences; 4. Registered design professional with electrical engineering experience or an electrical contractor; 5. Registered design professional with fire protection engineering experience or a fire protection contractor Registered Design Professional is defined as an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Texas. If a resident with the above criteria cannot be found then the City Council may appoint another resident of their choosing to the Commission. B. Terms of Office. Each regular and alternate member of the Commission shall be appointed by the City Council for a term of two (2) years with 1 staggered appointments so that no more than three (3) members' terms shall expire in any one year. Terms shall expire on September 30 of each year. C. Removal, Filling of Vacancies. Any member, whether regular or alternate, of the Commission may be removed for cause on a written charge. if requested by the member subject to the removal action, the City Council shall hold a public hearing on the matter before a decision regarding removal is made in accordance with state law. Any and all vacancies shall be filled by appointment based upon a majority vote of the City Council and shall be for the unexpired term of the vacant position. D. Officers. The Commission shall annually elect a member of the Commission to serve as Chairperson. The Commission shall annually elect a Vice - Chairperson, each of whom shall perform the duties set forth in this Article. Meetings A. Meetings of the Commission shall be held at the call of the Commission Chairperson and at other times as determined by the Commission. All meetings of the Commission shall be open to the public. The concurring vote of a majority of the members of the Commission shall be required for any action taken by the Commission under state law or ordinance adopted by the City. The Chairperson, or in the Chairperson's absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. B. The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately as public records. C. The City Manager or his /her designee shall present all cases before the Commission. Authority -- Generally A. Ordinances. The Commission shall have the authority granted by the City Code and state law and, in addition, shall have authority to hear and determine cases concerning alleged violations of City ordinances: 2 1. For the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; 2. Relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; 3. Relating to dangerously damaged or deteriorated buildings or improvements; or 4. Relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents. 5. Relating to a Building Code or to the condition, use, or appearance of property in the City. B. Other Functions. In addition to the authority granted in this Chapter, the Building and Standards Commission, in its capacity as a review board for the City, shall have the following duties and powers including, but not limited to: 1. Studying proposed Code amendments and making recommendations to the City Council regarding any proposed amendments to the Building and Fire Codes. 2. Hearing from any person requesting a change to the Building and Fire Codes as adopted by the City. 3. Serving as an advisor to the Building Official and /or Fire Chief. 4. Hearing appeals from decisions of the Building Official and /or Fire Chief pertaining to: a. Use of alternate materials and construction methods. In the case of a request to use alternate materials or construction methods, the Building a n d Standards Commission shall determine whether or not such alternate material or construction method is in fact equal to the standards of the applicable Building or Fire Code, considering adequacy, stability, strength, sanitation, and safety for the public's health and welfare. As used in this 3 Section, Building Code or Fire Code shall include without limitation City adopted building, electrical, plumbing, mechanical, and fire codes, and abatement of dangerous building, fence, and swimming pool; b. Interpretations related to the Building Code or Fire Code as adopted by the City, including without limitation, building, electrical, plumbing, mechanical, and fire, and abatement of dangerous building, fence, and swimming pool); and c. Decisions regarding substandard buildings as further provided in this Article. 5. Ordering the repair, within a fixed period, of buildings found to be in violation of an ordinance. 6. Declaring a building substandard in accordance with the powers granted by this Article and/or other local or state law. 7. Adopting and enforcing regulations relating to floodplain management within the City and ordering compliance with floodplain regulations pursuant to the authority granted in this Article, state law and /or federal law. C. Variances. The Building and Standards Commission shall not be authorized to grant variances. D. State Statute. The Commission may exercise such other powers and authority conferred upon it by Subchapter C of Chapter 54 and Subchapter A of Chapter 214 "Dangerous Structures" of the Texas Local Government Code, as amended, or by other statutes or ordinances. Authority -- Substandard Housing The Building and Standards Commission may hear cases regarding a substandard structure if the structure is: A. Dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; or B. Regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or C. Boarded up, fenced, or otherwise secured in any manner i£ 4 1. The building constitutes a danger to the public even though secured from entry; or 2. The means used to secure the building are inadequate to prevent unauthorized entry or use of the building in the manner described by Subsection B above. Rules Governing Proceedings The Building and Standards Commission shall adopt rules to govern its proceedings. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the City or its officials relating to alleged violations of ordinances. Criteria for Determining Substandard Condition A structure shall be considered substandard if: A. It is in a condition such that it fails to comply with the minimum standards set forth in the City 's ordinances, including but not limited to the adopted building, electrical, plumbing, mechanical, and fire codes; and B. Such condition exists to the extent that the life, health, property, or safety of the public or its occupants is endangered. Notice A. Notice of all proceedings before the Commission shall be given: 1. By certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records of the Office of the County Clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the Office of the County Clerk; and 2. To all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. 5 B. The notice shall be mailed and posted on or before the tenth (I Oth) day before the date of the hearing before the Commission and shall state the date, time, and place of the hearing. The notice shall also include a statement that at the hearing, the owner, lienholder, or mortgagee shall be required to submit proof of the scope of any work that may be required to comply with applicable ordinance(s) and the amount of time that such person alleges that it will take to reasonably perform the work. In addition, the notice shall . be published in a newspaper of general circulation in the City on one (1) occasion on or before the tenth (10th) day before the date fixed for the hearing. Action; Time Frames A. Commission Orders. After notice and hearing and upon finding that a structure is substandard, the Commission may order any one (1) or more of the following actions: 1. Order the repair of a substandard structure, within a fixed period as provided in this Article and/or state law; 2. Order, in an appropriate case, the immediate removal of persons or property found on private property, order entry on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance, and /or order action to be taken as necessary to remedy, alleviate, or remove any substandard building found to exist; 3. If the structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated with the time allotted by the Commission, the City may vacate, secure, remove or demolish the building or relocate the occupants at its own expense. The City may assess the expenses on and have a lien against the property on which the structure was located, unless it is a homestead as protected by the Texas Constitution; 4. Issue orders or directives to any peace officer of the state, including a sheriff or constable or the Chief of Police of the City , to enforce and carry out the lawful orders or directives of the Commission; and 5. Determine the amount and duration of the civil penalty that may be recovered by the City as authorized by Subchapter C of Chapter 54, Texas Local Government Code, as amended. In assessing a civil penalty, the Commission shall consider the severity of violations present, the history of compliance of the property or the owner, and the efforts taken, if any, to correct the violations. 11 B. Time Frames for Compliance. After making a finding that a building is substandard, the Commission shall comply with the following time frames: 1. 30 -Day Time Period. Except as otherwise provided in this Article, the Commission shall require the owner, lienholder, or mortgagee of a substandard building to within thirty (30) days of the date of the hearing: a. Secure the building from unauthorized entry; or b. Repair, remove or demolish the building, unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. 2. 30 to 90 -Day Time Period. If the Commission allows the owner, lienholder, or mortgagee more than thirty (30) days to repair, remove, or demolish the building, the Commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined at the hearing. 3. Time Period in Excess of 90 Days. The Commission may only allow the owner, lienholder or mortgagee more than ninety (90) days to repair, remove, or demolish the building or fully perform all work required to comply with the order if the owner, lienholder, or mortgagee: a. Submits a detailed plan and time schedule for the work at the Commission hearing; and b. Establishes at the hearing that the work cannot reasonably be completed within ninety (90) days because of the scope and complexity of the work; and c. Regularly submits progress reports to the City to demonstrate compliance with the time schedules established by the Commission for commencement and performance of the work as well as other security requirements imposed by the Commission. 4. Bond Requirement: If the Commission allows the owner, lienholder, or mortgagee more than ninety (90) days to complete any part of the work required to repair, remove, or demolish the building, the order of the Commission may require that the owner, lienholder, or mortgagee or his designee appear and provide documentation that the Commission determines necessary to demonstrate compliance with Commission established time schedules. If the owner, lienholder or mortgagee owns 7 property, including structures or improvements on property, within the City boundaries that exceeds $100,000 in total value, the Commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing the building or buildings as authorized by the provisions of this Article. In lieu of a bond, the Commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party as approved by the City. The bond shall be posted, or the letter of credit or third party guaranty provided not later than the thirty (30) days after the date the Commission issues the order. C. Burden of Proof. The owner, lienholder, or mortgagee shall have the burden of proof to demonstrate the scope of any work that may be required to comply with City ordinances and the time that it will take to reasonably perform the work. Fees for Appeals A fee as described on the fee schedule is hereby required for appeals heard at regularly scheduled meetings of the Building and Standards Commission. For appeals that must be heard at a special called meeting of the Building and Standards Commission, an additional fee as described on the fee schedule shall be required. All fees shall be due and paid at the time an appeal is filed. Failure to comply with Order A. If a building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the time period ordered by the Commission, the City may vacate, secure, remove, or demolish the building or relocate the occupants at its own expense. B. If the City incurs expenses under this Section, the City may assess the expenses on, and upon doing so, the City shall have a lien against, the property on which the building was located, unless the property is a homestead as protected by the Texas Constitution. The lien is extinguished if the property owner, lienholder, mortgagee or other person having an interest in the legal title to the property reimburses the City for the expenses. The lien arises and attaches to the property at the time the notice of the lien is recorded and indexed in the office of the County Clerk of the county in which the property is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the City, and the balance due. E:3 Final Decision A. A copy of the final decision of the Commission shall be mailed by certified mail, return receipt requested, to all persons to whom notice was sent. The copy shall be mailed promptly after the decision of the Commission becomes final pursuant to the requirements of this Article. B. Within ten (10) days after the date that the order is issued, the Commission shall file a copy of the order in the office of the City Secretary. Within ten (10) days after the date the final decision of the Commission is mailed, an abbreviated copy of the final decision shall be published one (1) time in a newspaper of general circulation in the City, and such notice shall include the street address or legal description of the property; the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. C. If no appeals are taken from the decision of the Commission within the required period, the decision of the Commission is, in all things, final and binding. Judicial Review A. Any person(s) jointly or severally aggrieved by any decision of the Commission may present a petition to a district court, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented within thirty (30) days after the date a copy of the final decision of the Commission is personally delivered or mailed by first class mail, certified return receipt requested, to all persons to whom notice is required to be sent. B. Proceedings shall not be stayed by an appeal and issuance of a writ of certiorari and shall only be stayed by the grant of a restraining order or injunction granted by the district court. The District Court's review shall be limited to a hearing under the substantial evidence rule. Costs may not be allowed against the Commission panel. If the decision of the Commission panel is affirmed or not substantially reversed but only modified, the District Court shall allow to the City all attorney's fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners as well as all persons found to be in occupation of the property subject to the proceedings before the Commission panel. Authority — Penalties A. Civil Penalty. The Commission may assess a civil penalty against the property owner for failure to repair, remove, or demolish a substandard structure upon proof presented by the City that: 1. The property owner was notified of the requirements in the City's substandard building ordinance along with notification of the owner's need to comply; and 2. The owner continued to violate the ordinance after receiving notice. B. Amount. A civil penalty imposed pursuant to this Section may not exceed one thousand dollars ($1000) per day for each violation, unless the property is shown to be the owner's legal homestead, in which case the penalty shall not exceed ten dollars ($10) per day for each violation. C. Criteria for Assessing Civil Penalty. In assessing a civil penalty, the Commission shall consider the severity of violations present, the history of compliance of the property or the owner, lienholder or mortgagee, and the efforts taken, if any, to correct the violations. D. Determination Final. A determination made under this Section is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the City for final judgment in accordance with the established penalty. E. Enforcement of Civil Penalty. To enforce any civil penalty under this Section, the City Secretary shall file with the district clerk of the county in which the City is located, a certified copy of the order of the Commission stating the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty. F. Remedies Cumulative. The remedies authorized under this Article are inclusive and not exclusive and shall in no way prevent the City from exercising any and all other remedies at law to which it may been titled, including proceedings under the jurisdiction of the Municipal Court or injunctive or other civil relief as allowed by law. 10 Agenda No. 14 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -5 -07 — Conduct a public hearing, consideration and/or action to zone approximately 7 acres of land from to Single - Family Residential. District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. (First Reading) BACKGROUND The Schertz City Council approved a boundary adjustment agreement with the City of Cibolo on November 14, 2017. This agreement adjusted the city limit boundaries of both cities so that the new boundary would run alongside the proposed east /west collator roadway. Due to the adjustment in the boundaries, the subject area was brought into the City of Schertz and does not have zoning. Based on the Comprehensive Land Use Plan, staff is proposing to zone this area as Single - Family Residential District - 1 (R -1). The property owner has expressed a desire to rezone this property in the future to match the Homestead Planned Development District however is not ready at this time to do so. Public hearing notice was published in the San Antonio Express News on January 24, 2018. . Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject properties on December 29, 2017, . prior to the Planning & Zoning Commission meeting that took place on January 10, 2018. At the time of this staff report, staff has received no responses. The :Planning and Zoning Commission conducted a public hearing on January 10, 2018 at which time there was one citizen comment from a property owner adjacent to the subject area who asked for clarification of the zoning area and notice that was sent out. Goal The proposed zoning is for approximately 7 acres of land to be zoned Single - Family Residential District -1 (R -1) located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single Family Residential is to encourage a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Plan Goals and Objectives: The proposed zoning is generally in conformance with the goals and objective of the Comprehensive Plan. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and proposed water and wastewater systems. • Impact of Public Facilities /Services: The proposed zoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses. FISCAL IMPACT I�►�Cii T-a RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on January 10, 2018 and provided a unanimous recommendation of approval. Staff recommends approval of the proposed zoning to Single - Family Residential District - 1 (R- 1), based on the goals and objectives of the Comprehensive Land Use Plan and the existing land use conditions. ATTACHMENT Ordinance No. 18 -S -07 Exhibit Notification Map ORDINANCE NO. 18 -S -07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 7 ACRES OF LAND TO SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1). WHEREAS, it is the City's desire to zone approximately 7 acres of land generally located approximately 3,000 feet southeast of the intersection of Homestead Parkway and Somervell, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property "); and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on January 10, 2018, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on February 1.3, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single - Family :Residential District -1 (R -1). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. 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 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 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 such invalid 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. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 13th day of February, 2018. PASSED, APPROVED AND ADOPTED on final reading the 27th day of February, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Page 7 �L'II3 Page 11 Page 12 911212017 c l : 1 inch" ' 1, feet 5.22 AC nd TWA + 52017// wv ,226585:'.kr. U49.01,T4aa C?C� ? ft. Page 13 IY -I- vll' IN \� /��' / , 1 , i ... ....... 7 ...... .... ... .......... . -'�` OOF vj 00, R, PROPOSED AREA TO BE C/TY F j TRANSFERRED FROM CITY OF CIBOLO TO CITY OF SCHERTZ SCHERTZ C17-Y 01c S PROPOSED AREA TO BE PROPOSED AREA TO BE TRANSFERRED FROM TRANSFERRED FROM CITY OF CITY OF SCHERTZ TO C/ 7-y 0,p CIBOLO TO CITY OF SCHERTZ CITY OF CIBOLO OLO i anmw N W f Aftwomm a I M 111UTIM a rqwffwA a WWWRO W a --.2100001000 i' HOMESTEAD CITY LIMIT TRANSFER EXHIBIT lll--._,__ �I, Vii;; i LEGEND 0 j 23 0 200' 6666WENNIn SCALE: 1" = 200' "0 BE ZOM 'TO D C17-YOF,3 C/ /EAR 7z . . ..... .. C/ 7-y OF C18 0L 0 MALONE * WHEELER SINCE INC 1995 CIVIL ENGINEERING * DEVELOPMENT CONSULTING * PROJECT MANAGEMENT 5113 Southwest Pkwy, Suite 260 Austin, Texas 78735 Phone: (512) 899-0601 Fax: (512) 899-0655 Firm Registration No. F-786 EXISTING CITY LIMITS LINE ■ PROPOSED CITY LIMITS LINE PROP. ROW ----------- PROP. UNIT LINE PROP. AREA TO BE TRANSFERRED TO CITY OF SCHERTZ PROP. AREA TO BE TRANSFERRED TO CITY OF CIBOLO j 23 0 200' 6666WENNIn SCALE: 1" = 200' "0 BE ZOM 'TO D C17-YOF,3 C/ /EAR 7z . . ..... .. C/ 7-y OF C18 0L 0 MALONE * WHEELER SINCE INC 1995 CIVIL ENGINEERING * DEVELOPMENT CONSULTING * PROJECT MANAGEMENT 5113 Southwest Pkwy, Suite 260 Austin, Texas 78735 Phone: (512) 899-0601 Fax: (512) 899-0655 Firm Registration No. F-786 NW= GREEN - VALLEY RN w (64067) SCHIENTZ COMMUNITY-SERVICE - OPPORTUNITY Last Up date: December20,2017 CRY bf G IS SN­ht BI I I Glld I, t2IS) B 114185 City of Schertz 1100F O� N _11 E 9 S 200 400 800 1,200 1,600 -Weet CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: BACKGROUND Agenda No. 15 Planning & Community Development Ordinance No. 18 -S -08— Conduct a Public Hearing, consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 9, Section 21.9.9 Tree Preservation and Mitigation. (First Reading) As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments to change or modify the text of any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on changes in development it has becomes necessary to update the UDC. The most recent major update to the Tree Preservation and Mitigation section was in 2010. . As Staff has worked with this section since 2010, there have been areas identified which are unclear and parts that possibly contradict other requirements in the section. Staff held multiple workshops with the Planning and Zoning Commission (December 13, 2017 and January 10, 2018) to discuss and work through the revision to this section. The Planning and Zoning Commission conducted the public hearing on January 24, 2018. At this meeting the Commissioners asked for a clarification to be added to the tree survey requirements regarding how trees are measured and had discussion regarding the undesirable trees list in UDC Sec.21.9.7. Staff also explained that they would be keeping a close eye on how many waivers were being requested and would bring any amendments back to the Planning and Zoning Commission for review if needed. This amendment was drafted by Planning Staff. Public hearing notice was published in the San Antonio Express News on January 24, 2018. City Council Memorandum Page 2 Goal Staff is proposing to amend UDC Sec.21.9.9 Tree Preservation and Mitigation with the goal to provide clarity to the requirements and add flexibility to tree preservation and mitigation as well as update the UDC to be in conformance with changes in State law. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. This proposed amendment also provides clarity and flexibility to the Tree Preservation and Mitigation section of the UDC. Summary of Recommended Action Staff is proposing to update this section of the UDC with the following major amendments: • The term "Class" has been added to every reference to Protected and Heritage trees in order to provide additional clarity. • The measurement for Diameter at Breast Height (DBH) has been updated to 4'/z feet above ground level to be consistent with industry standards and State law. • Created an exemption from preservation requirements only for Heritage Class trees located within a utility easement. • Created an exemption from preservation and mitigation requirements for Protected Class trees that are of a species listed on the Undesirable Trees list in UDC Table 21.9.7F. • Created an exemption from preservation and mitigation requirements for Protected Class and Heritage Class trees located on property with an existing one - family or two - family dwelling that is occupied. • Change in references for consistency from "Director of Parks, Recreation and Community Service" to "City Manager or his/her designee" • Change in the minimum replacement tree size from 3 inches to 2 '/z inches to be consistent with UDC Sec.21.9.7 Landscaping. • Updated Tree Preservation Credits to provide additional clarity on how tree credits calculated and used. • Removed the section from "Criteria for Tree Removal Permit" • Created the ability for an administrative waiver to mitigation fees for Heritage Class trees in specific circumstances. Additionally created the ability for an administrative waiver to the 25% preservation requirement. Waiver must meet the following criteria in order to be approved: • Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; • The requested waiver does not violate the intent of this section or the UDC; • Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; City Council Memorandum Page 3 o A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission offered a recommendation of approval with a vote of 5 -1. No reason was specifically given for the dissenting vote. Staff recommends approval of Ordinance 1.8 -S -08 an amendment to the Unified Development Code (UDC), Article 9, Section 21.9.9 Tree Preservation and Mitigation, in order to provide needed flexibility and added clarification. ATTACHMENT Ordinance 18 -S -08 Redlines for UDC Sec.21 .9.9 ORDINANCE NO. 18 -S -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 9, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on January 24, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on February 1.3, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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. Approved on first reading the 13th day of February, 2018. PASSED, APPROVED AND ADOPTED on final reading the 27th day of February, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 9 Section 21.9.9 Tree Preservation and Mitigation See Attached See. 21.9.9. - Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Class Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: 1. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, ; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two- family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21 .9.9 Exempted Trees Common Name Scientific Name ... �a. Hackberry .m _... ? Celtis occidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juniperis ashei ...w...w...w...w...w...w.. Chinaberry . ._...................................... Melia azedarach Mesquite Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Class Trees. Any Protected Class Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the City Manager or his /her designee. Any decision of the City Manager or his /her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Class Trees to be removed may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee. Any decision by the City Manager or his /her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal :Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.13.3. above nor any of the undesirable trees identified in table 21.9.717. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in- lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5"). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2.The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal. Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing /proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. 1. Waiver 1. General The City Manager or his /her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval Waivers shall be evaluated using the following criteria: a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 3. Any decision of the City Manager or his /her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his /her designee as outlined above. Sec. 21.9.9. - Tree Preservation and Mitigation A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions -. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected_C,1ass or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet- -above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Ciass_Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF)�A waiver to aniti atg ion for Ht ritage Class trees may lac request; b. Protected Class and Heritage Mass Trees located within aright -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected .0 lass Trees located within any utility easement, lleritage_C1, s Trees Ideated within an is easement are exempt frown preservation requirements only_(A waiver to mitigation for Heritace Class trees maybe requested); d. Protected Class end Ierita e Gtass trees damaged or destroyed by floods, fire, wind or other natural causes; e. Ddangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, a4 -it% -1 4+ee -, nom -ef4fe€s; and f. Protected Class trees from the Undesirable [`zees list in UDC Table 21 9.7F, A waiver to rnrttt anon far 4jerrtae Class trees may be re nested e. Protected Class and Heritage Class trees located on property that has an existing- one famiiy_or two- famiiy_ cite ell ing_that_is occup ed, b €. Protected Class and Tier ita e Class trees of the following exempted tree species Table 2199 Exempted Trees Common Name .... _ . - _.._. - _.._. - _.._. - Scientific Name ........_ ... ,._ ...... , Hackberry Celtic occidentalis Eastern Red Cedar . _ ..._ — ,.. Juniperus virginiana ..... ®... _ _ ......_ Common Ashe Juniper Juniperis ashei Chinaberry Melia azedarach Mesquite _.0 .. ®. ...... ... ..__ Prosopis spp. _.. ....... _ ._ ... _ _ .. Ligustrum Ligustrum spp. � A�� rn�•,- ; °ge *,. _,-��. �� �' �i:h t°��; provrsaons- -�-. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected - Class Trees. Any Protected Class Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her deligneeD re 1'n s, ra , ca° d r y A uaes_ An decision of the Chy Manager or his/her des gr_re e Diree-tor -of -Parks e- fatten -and (;offH+H+a#y-SerA4ees regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Class Trees to be removed may be removed upon approval of a Tree Removal Permit by the °;-cct tea, rs­,R,,���atmrty Se+viees City_Manager or his /her designee. Any decision by the City ilanagcr or his/her. regarding a tree removal permit may be appealed to the BOA in accordance with section 21 .4.14 of this UDC. Ail ti'-i�gt— Fr£' -e.i .nrrm- oexc''�'d-t43-mE,-erz rr �ercrrn. - e-e- crmrc-ni£�rc- s- cn -cm�-7 -rmn.; 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all miti gtable Protected Class and Heritage Class trees (ineh ng'hos wit" DPI , t 4ne=ws-(81+er4ess must be preserved. j r� waiver tcl the 25% preservmt on requirement may be requested) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection- subse-etion 21.9.9.13.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of €hreetwo and one half inches (425 "). 2. Heritage Class _Trees. Heritage Class-trees shall be mitigated at a three- to-one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of thffttwo and one half inches2.5" . 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree. a. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2 dig 'n�a;tc •ae. t#e safety, gt�od o d a gl welfare and eon }v etseo e�f the pull : It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. 1. Protected _Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; of . @tto a La 'ems a 4 .., t �3 ,a,t. �cczv- cc-aii%-,. ra�crS-cce,��ircc� -sic -vase .- z.- r-s,"gizni er- ar� *srscri-sxri-eecx-derce.-cr%. G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1. total number of.DBl_caliper inches crf Protected_Cla_ss and 1)_eritageflass on the site; 2. total number of DB 1 caliper inches of Protected Class and heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Herita e Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class Ttrees not exempt in section 21.9.9.13.2. above. an44nuU44n4y4evelopment7 The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing /proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; and e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. -fear-theTl Y-40 ffehit-ve affrnplif Rree- with otllff The pity �fana er or hzslher deli n ee may autharie waivers fram t}se provisions of this Article when, in their apinian, undue hardship will resazlt from requirin = s€ trio cx wipliance. Waivers ni y--jje-giLan(qd fly -�jnl --!Q-i niss figffly stated in this section. pqqL ---------- Waivers must meet one of the fbllQwin&eligibility .__qqL e m ents" _a. Theltsee is sed for removal in order for the compliance _pyqM� -property LoAchipye-cm -ji with other applicable City requirements and standards (i.e, site design or storm water mallaLyenj eat hor b, The tree is proposed for removal because it is within a future Lk Ii uti Ily location, 2. Criteria for approval Waivers shall be evaluated using the followi riterur nu-c- a, Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters. protection of adjacent trees or windbreaks; b, The requested waiver does not violate the intent of this section or the UDC� c, Strict interpretation of the provisions of the section would deprive the Applicant of rights commonly emoved by other nearby properties in the same zgjjin� district or with the sarne land use that would cornplywn the saute d. A reasonable effort jqpreserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 4- visions of this sect When ciomid nWngaatd 7onint Commission shall considgrthe same standards as the City Manawr or his/her designee as outlined above. Agenda Item: 16 CITY COUNCIL MEMORANDUM City Council Meeting: February 13, 2018 Department: City Manager Office Subject: Resolution 18 -R -18 — Consideration and /or action approving Employee Policies related to Employee Conduct and Discipline in the Workplace At the Budget Retreat on July 28, 2017, City staff reviewed the concept of creating a policy development approach with City Council. The goal of taking such an approach to policy development is (1) to create a standard operating procedure for the development of policies, and (2) to ensure that the right level dialog takes place between staff and Council at the right times throughout the process. At the November 14, 2017 Council Meeting, staff presented this approach, which was positively received by Council. The nine step policy development approach ensures consistency with the City Charter requirements, creates a clear path to follow for a variety of different policies and by a variety of different departments, creates a greater knowledge within the organization regarding the City's policies, and provides for better vetting and roll out as new policies are developed. Staff has reached the Approval step on the following six policies: 1. Fraternization Policy 2. Prohibition of Harassment Policy 3. Prohibition of Sexual Harassment Policy 4. Reporting Sexual Harassment or Harassment Policy 5. Credit Card Policy 6. Social Media Policy All 6 policies have been reviewed and approved by the City Attorney. Policies 1 -4 require approval from City Council. Policies 5 -6 do not require City Council approval as they can be approved by the City Manager approval but are being presented to keep City Council informed and to allow for any feedback from Council. Staff has prepared a short synopsis of each policy which outlines the scope of the policy and the training plan that will be followed once the policy is approved. Council Approved Policies: Fraternization Policy The goal of the Fraternization Policy is to prohibit sexual or romantic relationships between supervisors and subordinates in order to reduce the risk to the City associated with supervisor /subordinate relationships. Human Resources will work with all Departments to educate all staff on this policy. It is intended that this training will occur in conjunction with the training being established for our new Prohibition on Harassment and Prohibition on Sexual Harassment policies. Staff is recommends that City Council approve the Fraternization Policy. Prohibition of Harassment and Prohibition of Sexual Harassment and Reporting Sexual Harassment or Harassment Policies The Prohibition of Harassment and Prohibition of Sexual Harassment policies separate our current single policy into two policies. Additionally, the Sexual Harassment Policy has been updated on the advice of our City Attorney to the latest Federal and State requirements for such policies. Staff is presenting a Reporting policy for approval that clearly describes the steps to follow for employees and supervisors who believe they may have been harassed or sexually harassed or are aware of possible harassment or sexual harassment. Human. Resources will work with an outside education firm to educate all staff on these new policies. This training will occur over the next six to eight weeks. This training will include classroom presentations, question and answer time and a test to insure knowledge of this important topic. Additionally, all staff will be required to sign a document that states they have received a copy of these policies and they have been trained on them. This document will reside in their personnel file. It is intended that this training will reoccur every two years. Staff recommends City Council approve the Prohibition of Harassment Policy, Prohibition of Sexual. Harassment Policy and the Reporting of Sexual Harassment or Harassment :Policy. City Manager Approved Policies: Credit Card Policy The credit card policy outlines the process for issuing, tracking and rescinding City credit cards; it identifies responsibilities for making, reviewing, tracking, approving, correcting and reconciling credit card purchases; and it outlines minimum security measures associated with credit cards. It is also intended that this policy be used in conjunction with the City's Purchasing Policy. This policy is ready for City Manager approval. This policy does apply to City Council members who have been issued City Credit cards and staff would like input from City Council before this policy goes final. The Finance Department will educate all staff members who have been issued a credit card on this new policy and staff will be asked to sign an acknowledgement form that they have a copy of the policy and have been educated on it. Social Media Policy The social media policy outlines processes and procedures for use of any and all social media platforms on behalf of the City of Schertz to disseminate public information and /or promote events, programs and city services. This policy also creates a centralized approach for social media management that assists in the oversight and control of the City's message. This is an operational policy that is ready for City Manager approval. While this policy does include a brief section regarding personal social media use by City employees, it does not govern social media accounts by elected and appointed officials. After approval, the Public Affairs Department will launch a social media training for those authorized employees and their Department Heads who have Department Social Media Accounts. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 18- R -1.8. FISCAL IMPACT There is no fiscal impact to approving these four policies. Training from outside sources will be paid for from the Human Resource Training budget. ATTACHMENTS Resolution 18 -R -18 Policy Development Process Fraternization Policy Prohibition of Harassment Prohibition of Sexual Harassment Reporting of Sexual Harassment or Harassment Policy Credit Card Policy Social Media Policy RESOLUTION NO. 18 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING EMPLOYEE POLICIES RELATED TO EMPLOYEE CONDUCT AND DISCIPLINE IN THE WORKPLACE AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that four new policies are necessary to ensure appropriate conduct in the workplace; and WHEREAS, City staff and the City Attorney have determined that these policies are necessary to establish appropriate workplace conduct expectations and to lower the risk to the City from behavior that is prohibited by these policies; and WHEREAS, these policies are the Fraternization Policy, Prohibition of Harassment Policy, Prohibition of Sexual Harassment Policy, and :Reporting of Sexual Harassment or Harassment Policy; and WHEREAS, City employees who choose to not follow these policies will be subject to discipline up to and including termination of employment; and WHEREAS, the City Charter, Section 6.02 Operational and Personnel Policies states that personnel policies which affect the budget and employee discipline and /or adverse actions shall be approved by the City Council; WHEREAS, the City Council has determined that it is in the best interest of the City to approve these polices attached hereto as Exhibit A; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Fraternization Policy, Prohibition of Harassment Policy, Prohibition of Sexual. Harassment Policy, and Reporting of Sexual Harassment or Harassment Policy as set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of February, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter Brenda Dennis, City Secretary (CITY SEAL) Exhibit A Fraternization Policy Prohibition of Harassment Policy Prohibition of Sexual Harassment Policy Reporting of Sexual Harassment or Harassment Policy 015 communnr munm CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK Interpersonal Relationships and Fraternization PREPARED BY: Human Resources APPROVED BY: City Manager DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 2.1.4 (last paragraph) Policy While the City of Schertz encourages amicable relationships between management personnel (supervisors) and their subordinates, it recognizes that involvement in a romantic relationship may compromise a manager or supervisor's ability to perform his or her job. Any involvement of a romantic nature between a manager or supervisor and anyone he or she supervises, either directly or indirectly, is prohibited. Violation of this policy will result in either (1) the transfer of the manager or supervisor's employment to another City department or (2) disciplinary action, up to and including termination of the manager or supervisor's employment. CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK Harassment Prohibited PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 5.2 Harassment 1. It is the policy of the city to provide and maintain a forms of harassment based on race, age, gender, reli city will not tolerate such harassing behavior at an) 2. No city employee may engage in conduct at work that involves harassment toward any city employee, resident, customer, or gender, religion, color, disability, or national origin. 3 Employees shall report of Harassment policy. ronment that is free of any and all , disability, or national origin. The )r any reason. >exual be construed as involving )n the basis of race, age, or Other Types CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK Sexual Harassment Prohibited PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 5.2 Harassment It is against the policies of this employer, and illegal under state and federal law, for any employee to sexually harass another employee. The City of Schertz is committed to providing a workplace free from this unlawful conduct. It is a violation of this policy for an employee to engage in sexual harassment. 2. Sexual harassment includes sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. This may include when: a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, b. submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting that person, or c. such conduct has the purpose or effect of unreasonably interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment. 3. Conduct prohibited by this policy includes sexual harassment which occurs in work - related settings outside of the workplace, such as business trips, business meetings and business related social events as well as off -duty conduct which falls within the above definition and affects the work environment. 4. Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions: a. either explicitly or implicitly conditioning any term of employment (e.g. continued employment, wages, evaluation, advancement, assigned duties or shifts) on the provision of sexual favors; b. touching or grabbing a sexual part of an employee's body; c. touching or grabbing any part of an employee's body after that person has indicated, or it is known, that such physical contact was unwelcome; d. continuing to ask an employee to socialize on or off -duty when that person has indicated he /she is not interested; e. displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters; CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK f. continuing to write sexually suggestive notes or letters; g. referring to or calling a person a sexualized name; h. regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person; i. retaliation of any kind for having filed or supported a complaint of sexual harassment (e.g. ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person's duties or work environment, etc.); j. derogatory or provoking remarks about or relating to an employee's sex or sexual orientation; k. harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation; 5. Employees shall report harassment pursuant to the Reporting Sexual Harassment or Other Types of Harassment policy. CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK Reporting Sexual Harassment or Other Types of Harassment PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: EFFECTIVE DATE: REPLACES VERSION: 5.2 Harassment 1. In the event the City receives a complaint of sexual harassment or other type of harassment, or otherwise has reason to believe that sexual harassment or other type of harassment is occurring, it will take all necessary steps to ensure that the matter is promptly investigated and addressed. The employer is committed, and required by law, to take action if it learns of potential sexual harassment or other type of harassment, even fthe aggrieved employee does not wish to formally file a complaint. 3. Additionally as follows: MR responsible positions at the City his or her immediate supervisor and the sLj:,Fcr'TisTr IS Lne stitr I . narassmenT, rNml_ Available, or if the employee believes it would be inappropriate to -son, the �loyee shall immediately report the problem to their the Human Resources Director; or c. if the issue would be inappropriate to report to one or the other of those two positions, then the employee shall report to the City Manager and either the Executive Director or the Human Resources Director, whichever of the two is appropriate. CGMMUNrrY SERVICE OPPORTUNMY CITY OF SCHERTZ EMPLOYEE HANDBOOK report this information to their supervisor, Executive Director, Human Resources and/or the City Manager immediately. 5. Human Resources shall investigate all allegations of sexual harassment or other types of harassment by following this basic plan: b. Get written statements from both sides. The person accused of sexual harassment or other types of harassment will be advised of the allegations and given the chance to respond. c. Keep records of the investigation. Documentation must be kept of all phases of the investigation, including the initial complaint, interviews which may be recorded and other documentation including any disciplinary action that may be taken. d. Attempt to resolve the complaint. All attempts to resolve the complaint will follow appropriate City policies. e. Maintain confidentiality and privacy to the extent possible. All aspects of the investigation are confidential. Once the supervisor has contacted the Human Resources Director, any discussion regarding this issue should be limited to those directly involved in the investigation. 6. No employee will be subject to any form of retaliation or discipline for reporting asexual or other harassment complaint. 7. To emphasize the importance of this policy and ensure every employee's understanding, the city requires each employee to sign a statement acknowledging receipt and understanding of this policy. The signed acknowledgement is kept in the employee's personnel file. CREDIT CARD POLICY The Credit Card Policy outlines the process for issuing, tracking, and rescinding City Credit Cards. It identifies responsibilities for making, reviewing, tracking, approving, correcting, and reconciling credit card purchases and outlines minimum security measures associated with loss prevention. This policy is used in conjunction with the City's Purchasing Policy. Travel /Deployment Card authorization and use is outlined in the Travel Policy. The City of Schertz provides business credit cards to allow for provide immediate access to goods and /or services, to more easily allow for travel and to make small purchases with vendors with whom the City does not have an account or line of credit. Individuals issued credit cards may initiate a transaction within the limits of this policy and receive goods with approval of their Department head. 1. General 1.1 Credit Cardholder Eligibility • City Employees are eligible to receive a credit card with a recommendation by their Department Head and approval of the Finance Director and the City Manager. • Members of City Council are eligible to receive a credit card. 1.2 Upon Receiving a Credit Card • Complete assigned credit cardholder Agreement. • Create an online account at w. timana er. om /lo in immediately upon receiving a credit card. 1.3 Credit Cardholder Liability • It is the cardholder's responsibility to ensure that the credit card use is in keeping with the City's purchasing guidelines and those policies and procedures relating to the expenditure of City funds. Failure to comply with the guidelines may result in permanent revocation of the credit card privileges or disciplinary action including termination of employment and /or holding the cardholder personally liable for the transactions (up to and including payroll deductions) for the total dollar amount of the unauthorized purchases, plus any administrative fee charged by the crediting agency in connection with the misuse. 1.4 Department Head Responsibility • By authorizing a credit card the department head is delegating part of their authority to make purchases up to their $1,000 limit as defined in the purchasing policy to the cardholder. The department head will review all credit card purchases made by their employees monthly and document their review by approving a purchase order or by written acknowledgement. 1.5 Credit Card Tracking • The Finance Department will be responsible for tracking all active credit cards. Page 1 of 5 Revised: 12/15/2017 2. Authorized Credit Card Use • The credit card has the cardholder's name embossed on it and shall be used only by the cardholder. No other person is authorized to use the credit card. • This credit card is an approved form of payment by the City of Schertz and must follow the approved procurement process. • Credit cards should be used to procure small dollar amount items necessary for day to day use or to book hotel rooms and flights for travel. • Single item purchases or service contracts over $1,000 require Executive Director approval via purchase order prior to using the credit card. o Written approval can be substituted for a purchase order in emergency situations only in disaster response or to prevents stoppage in services due to the situation. A purchase order must be completed as soon as possible once the emergency situation is resolved. • Tips on meals are acceptable on the credit card and must coincide with the approved amount on the Travel Policy. 3. Unauthorized Credit Card Use • No other individual may use the credit card other than the cardholder. • The credit card should not be used to pay vendors the City has an account or line of credit with. • The credit card shall not be used for personal or unauthorized purposes including purchases not in City's purchasing guidelines. • No purchases may be made not in keeping with the City's purchasing guidelines as well as those policies and procedures relating to the expenditure of City funds. • The cardholder is not authorized to make single items purchases or enter into service contracts over $1,000 without Executive Director approval via purchase order. • A cardholder who makes unauthorized purchases, carelessly uses the credit card, or fails to turn in the appropriate documentation may be liable (up to and including payroll deduction) for the total dollar amount of the unauthorized purchases, plus any administrative fee charged by the bank in connection with the misuse. 4. Credit Card Limits and Merchant; Restrictions • Credit cards will be issued with '! a default monthly limit of $3,000. • This limit can be raised temporarily to accommodate purchases by having the cardholder's department make a written request to Finance. • This limit can be permanently increased if it becomes apparently through multiple temporary limit raises in a fiscal year and with written approval of the cardholder's Executive Director. • The credit card will be declined at certain merchants (vendors) that sell products outside of our purchasing and employee policies. If the merchant was incorrectly put on the denied list, the cardholder can contact Finance to add the merchant to the approved vendor list. 5. Credit Cardholder Record Keeping • Whenever a credit card purchase is made, documentation shall be retained as proof of the purchase. Page 2 of 5 Revised: 12/15/2017 • When used for business lunch /dinner, the back of the receipt must list those in attendance and the subject /purpose of meeting. • When the purchase is made over the counter, the cardholder shall retain the invoice and original "customer copy" of the charge receipt. Before signing this slip, the cardholder is responsible for making sure the vendor lists the quantity, fully describes the item(s) on the charge slip and charges no sales tax. • In the event of a lost purchase receipt, the cardholder shall contact the Finance Department to obtain and submit a proof of purchase form. The form must be signed by the cardholder's Department Head and the Executive Director. • Purchase orders for credit card purchases must be approved by a supervisor of the cardholder. Elected or appointed officials credit card purchases will be approved by the City Manager's Office. 6. Credit Card Security • The cardholder is responsible for number. • The cardholder is the only individ • If the credit card is lost or stolen, the 1- 800 - 248 -4553, along with the Fin, or Executive Director. • The bank and the Finance C the reported loss or theft. cardholder after being rer Department. 7. Credit Cardholder Se 8. • The cardholder must The City of Sche controls and mane and Purchasing D on credit card use The purpose of 1 cardholder is adh( 9. Monthly Stateme r the guarding the credit card and account orized to use the credit card. holder will immediately notify the bank at Department and their Department Head ithorize the issuance of a new card after rd that is subsequently found by the en shall be reported to the Finance it card to the Finance Director 14 days . possible. adit Card program relies on both internal management it reports designed to ensure the proper use. The Finance cents will periodically review and perform an internal audit mpliance with City policies and procedures and state law. reviews and internal audits will be to ensure that the these policies. nciliation • At the end of each billing cycle, the cardholder shall review his /her monthly statement of account in the online system provided by the bank and ensure purchase orders and attachments match up to the statement. • All individuals receiving credit cards will be required to log into the credit card website www.citimana er.com /login to set up the paperless option to receive their statements automatically each month via email. Please follow the directions to set up an online account for your card. By hovering over the "statements" link on the left hand navigation bar, the link "Go Paperless" can be clicked on from the extended menu. Follow the instructions to set up to receive the monthly statements via email. Page 3 of 5 Revised: 12/15/2017 • If a fraudulent charge is found during the monthly reconciliation, notify the Finance Director immediately by email at iwalters abschertz.com. The cardholder will then dispute the charge via their online account and will send a copy of the confirmation of the dispute the Finance Director. • Departments can do a single purchase order for the entire credit card statement. This policy will supersede the requirements in the purchasing policy of having a purchase order prior to every purchase. As mentioned in this credit card policy, purchases of items or service contracts of $1,000 or more must still have a purchase order approved by an Executive Director prior to the purchase. • All documentation shall to be submitted to the Finance Department by the 15th of each month so that payment can be made to the credit card company. 10. Termination of Credit Card Privileges The City may cancel and rescind a credit card at any time and without cause. 11. Credit Cardholder Responsibilities The cardholder must adhere and agree to the following: • Keep the credit card in their possession. • Ensure the card is used in accordance with policies and procedures for legitimate City of Schertz business purposes only. • Maintain the credit card data in .a secure location at all times. • Obtain all sales slips, register receipts and credit card slips and provide them to the Finance Department attached to a purchase order. • Turn in purchase orders with receipts in a timely manner. • Attempt to resolve disputes or billing errors directly with the vendor and notify the Finance Department if the dispute or billing error is not satisfactorily resolved. • Ensure that an appropriate credit for the reported disputed item or billing error appears on 'a subsequent bank billing statement. • Ensure that sales tax has not been charged. • Report a lost or stolen card to the crediting agency immediately. + Notify Finance Department of a lost or stolen card by email immediately. • Return the credit card to the Finance Department 14 days prior to leaving their position with the City of Schertz. • Retain departmental copies of all credit card transactions, receipts, payments, and records pertaining to the credit card issued for the department for at least 1 fiscal year. • Validate that the merchandise is received. 12. Finance Department Responsibilities The Finance Department is responsible for the following: • Reviewing the Invoice and supporting documentation. • Preparing documentation and payment to bank. • Approving temporary credit card limit raises. • Adding vendors to the approved merchant list. Page 4 of 5 Revised: 12/15/2017 13. Acknowledge receipt and agree to comply I hereby acknowledge receipt of a City of Schertz Credit Card. As a cardholder, I agree to comply with the terms and conditions outlined. Signature: F&MIMMIMMOMM 13. Return of Credit Card I hereby verify the credit card issued to me by the City of Schertz has been returned to the Finance Director. rector: Page 5 of 5 Revised: 12/15/2017 CITY OF SCHERTZ SOCIAL MEDIA POLICY PURPOSE In an effort to ensure appropriate use of social media, this policy outlines processes and procedures for use of any and all social media platforms on behalf of the City of Schertz to disseminate public information and /or promote events, programs and city services. This policy also creates a centralized approach for social media management that assists in the oversight and control of the City's message. GOALS The use of social media by the City of Schertz should support the following goals: I. Promote a positive image of the City of Schertz community II. Promote transparency of City government and services III. Promote citizen engagement through one -an -one connection with followers IV. Provide immediate and direct information in times of emergency or other urgent situation. APPLICABILITY This policy applies to all City employees. DEFINITIONS • Social media- A This includes Int information and Twitter, Instagrz • Post or Commei • Account Admini authors content its sharing of information between people. iplications, blogs, chat rooms, collaborative hoto- sharing websites (e.g., Facebook, ser generated content. I shares on a social media site. iblic Affairs Director or his /her designee who administers or I City social media accounts. • Authorized Employee- A Schertz staff member who has been approved to place postings, commentary, or other content on an official Department social media account. • City Social Media Account — the official social media account for the City as a whole. Only one city social media account should exist on each social media site. • Department Social Media Account — the social media accounts approved by the Public Affairs Director for use by a specific city department. POLICY i All official City and Department social media accounts are considered an extension of the City's information and communications systems. U. Wherever possible, links should direct users back to the City's official vvebsite where information, forms, documents or online services are available and managed in accordance with Record Retention Laws. |||. Media inquiries generated On social media sites shall b addressed in accordance with the City's Media Policy. K/. Authorized employees acting/posting on behalf of the City via social media platforms must conduct themselves professionally at all times as 8 representative Of the City Of SChertz. Authorized employees are responsible for material they post on social media sites. V. Only authorized employees shall be allowed to distribute content via social media. Limiting the number of authorized employees facilitates adherence to the guidelines set forth in this policy regarding appropriate use. A. The Department Head or designee of any City department approved for social media will be responsible for monitoring and supervising social media activity to ensure their employees' adherence to this policy as well as ensure any information shared on their social media sites is in line with Citv Roals and obiectives. B. Respon! Head,D VI. The f inquiries, comments, or concerns must be approved by the Department Manager or designee. uld be clearlv Dosted on the Citv social media account on a social media site: This social media account is a public forum. The City respects the nt of each and every citizen. As such, the City will err on the side of non-removal of posts on the City's official social media recognizes that in some instances, itis necessary to hide or remove certain types of social media content posts. A post that contains any of the following material iS prohibited 8ndwill be removed: A. Obscene or pornographic rn8t8h8|; B. Harassing statements, personal attacks, Orthreats to another poster; C. Support or opposition for a political campaign, candidate, or measure; or D. Advertisements of commercial entity, product, or service. VU. Each Department social media account shall contain e dear statement of the intent, purpose, and subject matter of the account. The following should be clearly posted on any Departmental social media account: This social media account is a limited public forum. As such, any social media content posted must pertain to the scope and purpose of the department's page. A post that contains any of the following material is prohibited and will be removed: A. Contains obscene or pornographic material; B. Harasses, personally attacks, or threatens another poster; C. Endorses or opposes a political campaign, candidate, or measure; D. Is unrelated to the purpose and topical scope of the page; E. Contains profanity or abusive language; or F. Advertises a commercial entity, product, or service VIII. All City and Departmental social media accounts should also include the following as allowed by the host site: A. Be identified as an official City of Schertz site; B. Contain appropriate staff contact information; C. Contain the City logo or Departmental logo, where appropriate;, D. Have a link to the appropriate page of the City's website; E. A statement indicating that all social media content posted on a city or departmental social media account is subject to the Public Information Act, including private messages sent; F. A statement indicating that Public Information Act requests may not be made through social media and providing the email address where an individual should submit a request; and G. "Posted comments do not necessarily reflect the views or position of the City." IX. In an emergency, refer to the Emergency Operations Plan, Annex I. All prescheduled posts must be suspended until cleared to resume normal posting. riff F X11 The official City social media account is considered a "public forum" site. Departmental social media accounts that are focused and limited in scope and topic are "limited forum" sites. II. The City respects the viewpoint of each and every citizen. As such, the City will err on the side of non - removal of posts on the City's social media accounts. However, the City recognizes that in some instances, it is necessary to hide or remove certain types of social media content posts. A post that contains any of the following material is prohibited and will be removed: A. Obscene or pornographic material; B. Harassing statements, personal attacks, or threats to another poster; C. Support or opposition for a political campaign, candidate, or measure; or D. Advertisements of a commercial entity, product, or service. If a post contains any material prohibited above, the Account Administrator shall immediately screenshot the post for record retention and delete the post from the social media account. As soon as practicable, the Account Administrator shall send a private message to the user: "Dear [Name]: We removed your post on the City [social media site] because it violates our terms; the content you posted was found to be [INSERT REASON]. Please review our social media content posting guidelines. Frequent and repeated violations of our terms may lead to your temporary or permanent loss of posting privileges. Thank you." After 3 violations, the Account Administrator shall report the violator to the City Manager or his /her designee. If after consultation with the City Attorney, the City Manager agrees to block the user, then the Account Administrator shall send a private message to the blocked user: "Dear [Name]: Due to frequent and repeated violations of our terms, you have been temporarily blocked from posting on the City's [social media site]. If you wish to have your privileges restored, please send your request to [Account Administrator and Account Administrator's Email Address] no earlier than 6 months from today's date. Thank you." III. Departmental social media accounts are limited in scope. As such, any social media content posted on a departmental social media account must pertain to the scope and purpose of the department's account. A post that contains any of the following material is prohibited and will be removed: A. Contains obscene c B. Harasses, personal C. Endorses or oppos D. Is unrelated to the t. c.onzains proranity F. Advertises a Comm If a post that contains any immediately screenshot ti- delete the post from the s( shall send a private messa rr pornograpnic m y attacks, or threz �s a political camp purpose and topic or abusive langua; ercial entity, prod anotner poster; candidate, or measure; )pe of the page; or service aterial prohibited above, the Authorized Employee shall post for record retention, notify the Account Administrator and al media account. As soon as practicable, the Authorized Employee to the user: "Dear [Name]: We removed your post on the City [social media site] because it violates our terms; the content you posted was found to be [INSERT REASON]. Please review our social media content posting guidelines. Frequent and repeated violations of our terms may lead to your temporary or permanent loss of posting privileges. Thank you." After 3 violations, the Authorized Employee shall report the violator to the Account Administrator and the City Manager or his /her designee. If after consultation with the City Attorney, the City Manager agrees to block the user, then the Authorized Employee shall send a private message to the blocked user: "Dear [Name]: Due to frequent and repeated violations of our terms, you have been temporarily blocked from posting on the City's [social media site]. If you wish to have your privileges restored, please send your request to [Authorized Employee and Authorized Employee's Email Address] no earlier than 6 months from today's date. Thank you." PUBLIC RECORDS City social media accounts create city records that are subject to the Texas Public Information Act and record retention rules of the state of Texas. The Account Administrator shall be responsible for ensuring that the posts on the official City social media accounts are retained in accordance with these laws, until the City implements an archiving social program. Each Authorized Employee shall ensure that posts are retained for their departmental social media account. BEST PRACTICES I. All communication on social media shall have a clear purpose, be timely and accurate, use proper spelling, grammar and syntax, and provide value to the reader and the City. Errors and omissions reflect poorly on the City's image and may result in a miscommunication for the City. II. Any inquires or comments requiring a reply should be handled in a timely manner or no more than two business days after the inquiry or comment was received. III. Authorized employees should stay within their area of expertise when interacting on social media. Do not guess, speculate, or provide commentary on areas you are not authorized to comment on. Pass along any concerns to the appropriate departments. IV. If you encounter a negative post about the City, do not respond in a negative way and do not engage in an argument. Responses should only state facts and should not reflect personal opinions. If uncertain, pass the post along to the Public Affairs Department for a response. V. A review of Social media strategy and training shall be conducted annually by the Public Affairs Department. PROCEDURES Departments requesting to create an official Department social media account specific to their area must fill out the attached "Department Social Media Account Request" form detailing why it is necessary, the proposed social media account, the time and resource requirements for such use, and what will be the benefit to the City. A. All requests to develop and maintain official Department social media accounts must be approved by the Public Affairs Director and be in compliance with this policy. B. Once the "Department Social Media Account Request" is approved, the Department Head and /or designee will be responsible for creating, maintaining, and monitoring their departmental social media account(s) and will act as an official spokesperson of the City via social media. C. Departments who currently have active pages on social media will be required to fill out the "Department Social Media Account Request" form for record purposes, and will be able to continue use of their site(s) as long as they adhere to the processes and procedures set forth in this policy. II. The Public Affairs Director, in conjunction with the IT Department, will maintain a list of all approved users. A. Only City e -mail addresses or e -mails authorized in advance by the IT Department will be used to create social media accounts. B. When an authorized employee separates from the City, HR shall notify Public Affairs and IT so that passwords can be changed immediately. III. It is the responsibility of the Information Technology (IT) Department to administer backups, security and monitoring measures that support this policy. IV. Schertz social media channels must be continually updated and monitored. Accounts that have been inactive for more than two months'' may be subject to deactivation or deletion. If a department wishes to deactivate an official' social media account, they must contact the Public Affairs Department. Any removal of a social media account will be carried out through the Public Affairs Department. A. THE RIGHT WAY: Inform followers that the page will no longer be active. Publish a place holder post indicating where followers will be able to access information previously found on the social media page. B. THE WRONG WAY: Discontinue posting altogether; going inactive; deleting the account without notice or explanation. EMPLOYEE PERSONAL USE I. Employees should take care to ensure that their personal sites and posts are not confused for City - administered sites or that their posts are endorsed by or are the City's position. II. Employees may also be subject to disciplinary action for internet postings that could be construed as serious misconduct, which is defined by the Employee Discipline Policy as "conduct that has an adverse effect on the City, on the confidence of the public in the integrity of the City government, or on the relationship of the employee and other employees ". ACCOUNTABILITY I. The Public Affairs Department and City Department Heads will be responsible for enforcing this policy. II. City Employees who witness any violations or possible perceived violations of this policy are encouraged to report them to their supervisor, department head, or the Public Affairs Department immediately. A. Violation of this policy may result in the removal of page access from social media platforms and is grounds for disciplinary action, up to and including termination. FORMS See attached "Department Social Media Account Request" form Informational Item 19B IN i1 M4 a 0L,Us 10uy 10IU [o7 71►`1110uy City Council Meeting: February 13, 2017 Department: Purchasing Subject: Use of Hotel Occupancy Tax funds for electronic sign repair Background During the City Council meeting on February 6, 2018 a discussion occurred regarding the status of the repair of the electronic sign at the Hal. Baldwin Municipal. Complex. During this discussion a question was asked regarding the possibility of using Hotel Occupancy Tax funds to help with the repair costs. It is staff's opinion that it will not be eligible for HOT funds. This opinion is based upon . where the sign is located and what content it displays. To use HOT funds, the expense has to fall into certain categories. The first is advertising for the City. During Council discussion, the electronic sign at the municipal complex was compared to the City's billboard on IH -35. It is believed that these are fundamentally different in the groups that they advertise to. To meet the "increasing heads in beds" criteria the sign expenses have to be likely to bring in tourism. The IH -35 sign can be assumed to reach the entire IH -35 corridor, including a majority of individuals who live outside of our City. Those are who we are attempting to attract as their attendance at City events have the greatest potential to increase the occupancy rates of our local hotels. It is believed that the sign at the municipal complex is far more likely to only be seen by residents which greatly reduces the likelihood of increasing hotel occupancy. In addition, a few years ago, our City Attorney determined that operational expenses at our Civic Center were not applicable expenses due to the type of events it attracts. The electronic sign advertises for Civic Center events and staff believes expenses for maintenance of the Civic Center would also not be applicable for HOT funds and is tied to the same opinion. The final category is signs guiding tourism to the community. Much like the advertising for the City criteria, the electronic sign being located at the municipal complex isn't helpful or even likely to direct tourism to the Civic Center or the City in general. For these reasons, staff intends to continue funding the repair of the electronic sign with the previously designated 2016 . bond funds for facility repairs. Informational Only M1 aWo a 0L,Us 1a U 10IU [o7 71►`I 111101 City Council Meeting: February 13, 2018 Department: Subject: BACKGROUND City Manager's Office Revised 2018 Master Calendar (S. Gonzalez) Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. Council approved the 2018 Master Calendar at the November 14, 2017 Council meeting. Since the approval, the following changes have been made to the Master Calendar: • Remove March 6 City Council meeting, per Council approval on February 6 • Add Concert in the Park event — March 17 • Add Movin on Main event — April 8 • Add Community Shred Day event — April 21. • Add Movie in the Park event — April 21. • Add Concert in the Park event — May 5 • Add Movie in the Park event — June 9 • Add Movie in the Park event — July 21 • Add Movie in the Park event — August 4 • Add Movie in the Park event — November 2 • Change Festival of Angels to December 1 from December 7 • Add Movie in the Park event — December 8 • Add TIRZ Board meetings • Add Animal Services Advisory Committee meetings Since the approval, the following changes have been made to the Council /Boards /Commissions Calendar: • Add TIRZ Board meetings —February 1.3, April 1.0, July 1.0 and October 9 • Add Animal. Services Advisory Committee meetings — March 7, June 6, September 5 and December 5 ATTACHMENTS Revised 2018 . Master Calendar /City Council Calendar Revised 2018 Council/Boards /Commissions Calendar City of Schertz Master Calendar 2018 iimimimimimimiminr � � � I+rMw�wwr+rMw�wwrr�r S M T W T F S S M T w T F S 8 Trail Rider Lunch 1 New Years Day (office closed) I 1 2 3 ts�, 5 s .l.is;;`, 2 3 14 Valentines Day 15 MLK Holiday (office closed) 7 9 11 12 13 4 r, 6 i 8 9 10 14 Ash Wednesday 14 5 16 )r 18 20 11 12 13 15 16 17 16 Chinese New Year (Year of the Dog) z1 z'(fi 23 2� 26 27 18 19, , 1�4rf1� {, z3 2a 19 Presidents Day Holiday (office closed) 28 29 30 31 25 2 :,, 27 " 24 Selma- Schertz 5K Run 2 Texas Independence Day 3 Wilenchik Walk for Life 11 Daylight Savings Begins 12 -16 SCUCISD Spring Break 17 St. Patrick's Day 17 Concert in the Park 20 Employee Remembrance Day 20 Spring Begins 25 Palm Sunday 30 Mar. - 7 Apr. Passover 30 Good Friday �nnnnnnnnnnnnnnnnnnnn � i � t i un t umnnnnnnnnnnnnnnnnnu S M T W T F s S M 2 3 4 '. 6 8 9 10 11 12 1 lr� ;15 8 17 18 19 20 ',,,.s;ti'�;■ 24 25 2$. 272 ( 29 32 31 1 Easter 8 Movin on Main 19 Community Volunteer Fair 21 Community Shred Day 21 Movie in the Park 19 -29 Fiesta Weeks 25 Administrative Professionals' Day 3 Labor Day Holiday (office closed) 9 -11 Rosh Hashanah 11 Patriot Day 15 SchertzQ 18 -19 Yom Kippur 19 -23 Corral County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCUCISD HoNdays are in red S M 3 Schertz Sweetheart Coronation s M T W T F s S M T w T F s 9 Movie in the Park 5 Concert in the Park 1 2 1;M 4 5 4 6 1 2 14 Flag Day 13 Mother's Day 6 _ 7 „`� 8 10 11 12 3 at ;11, 5 8 9 17 Father's Day 15 May - 14 June Ramadan 13 14 15( ;17 18 19 10 11 12 14 15 16 21 Summer Begins 19 Armed Forces Day 20 ,r' 22 ��!a<,kf 25 26 n 1s 19 4 21 22 z3.. 28 Memorial Day Holiday (office closed) z7 28 00� 30 31 .,__. L za zL 26 S M T W T F S S M T W T F S 3 4 4 Movie in the Park 4 Independence Day (office closed) 1 2 3 4 5 6 7 5 Xft 7 9 10 11 21 Movie in the Park 8 9 1011� �� 12 13. 14 12 13 14 . 1i 16 17 18 15 16 17 �J„ 19 20 21 19 20 21,t`v4, 24 25 22 28`1 24 V � 28 28 29 30 31 3 Labor Day Holiday (office closed) 9 -11 Rosh Hashanah 11 Patriot Day 15 SchertzQ 18 -19 Yom Kippur 19 -23 Corral County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCUCISD HoNdays are in red Council Meeting Council on the Go Meeting or Retreat City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.13.18 2 Texas National Night Out 8 Columbus Day Holiday (office closed) 9 -12 Annual TML Conf. - Ft. Worth 11 -14 Guadalupe County Fair 16 Boss's Day 27 Trunk or Treat 31 Halloween 1 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 21 Winter Begins 25 Christmas Day (office closed Dec. 24 & 25) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve (office closed) T S M T w T Fm S Board of Adjustments jalsi,1'>I1} Econ Dev Corp 2 3 4 6 7 8 9 10 11 12 13 at ;11, 16 17 18 19 20.x; 22 23 24 25 28 „ 27 28 29 30 Council Meeting Council on the Go Meeting or Retreat City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz.com for updated information * ** Revised 2.13.18 2 Texas National Night Out 8 Columbus Day Holiday (office closed) 9 -12 Annual TML Conf. - Ft. Worth 11 -14 Guadalupe County Fair 16 Boss's Day 27 Trunk or Treat 31 Halloween 1 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 21 Winter Begins 25 Christmas Day (office closed Dec. 24 & 25) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve (office closed) T P &Z Comm $3(t } Trans Safety Adv Comm Library Adv Bd Board of Adjustments jalsi,1'>I1} Econ Dev Corp Parks & Recreation Adv Board CVLGC Historical Preservation Comm " TIRZ Board Committee of Committees Advisory Board City of Schertz City Council Calendar 2018 S) M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3< 7! 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 §0 20 11 12 13 14 15 16 17 21 ! 22 23 24 25 26 27 18 19 21 22 23 24 28 29 30 31 25 26 27 28 m00000000000000000i i o � i i mnnnnnnnnnnnnninnnm S !: M T W s T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I= 24 25 26 27 28 29 39 W ...... , T F__ � .. _ S M_ _M T aw T ....... F ___ ,.. 1, 2 3 4: 5 1 2: 6 7 8 9 10 11 12 3 4! 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 30 31 24 25 ! 26 27 28 29 30 u�u uwiwuwww.,wa� a iN p iu�ww u�u S M T W T F S' 1 2 3 4: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Council Meeting Council on the Go Meeting Special Called Council Workshop /Retreat ** *Dates are subject to change. Check WWW.schertz.com for updated information * ** Revised 2.13.18 S M T W T F S 1 2: 3> 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Council Meeting Council on the Go Meeting Special Called Council Workshop /Retreat ** *Dates are subject to change. Check WWW.schertz.com for updated information * ** Revised 2.13.18 2018 CouncilBoards /Commissions Citv Council Meetinas Day: 1St 2nd and 4" Tuesdays of the month (see calendar for proposed cancelled meetings) Time: 6:00 pm Location: Council Chambers NOTE: On the Tuesday of the following months, Council will hold "Council on the Go" meetings (locations TBD): February 20th, April 17tH May 291h Board of Adjustments Day: 4th Monday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, BOA will meet on the following date: May 21 st (the 3rd Monday) December 17th (the 3rd Monday) Economic Development Corporation Day: 4th Thursday of the month Time: 6:00 pm Location: Council Chambers NOTE: During the following months, EDC will meet on the following date: November 15th (the 3rd Thursday) December 13th (the 2nd Thursday) Library Advisory Board Day: 1" Monday of the month Time: 6:30 pm Location: Library - Meeting Room 1 NOTE: There will be no meeting in July During the following months, the Library Board will meet on the following date: January 8th (the 2nd Monday) September 10th (the 2nd Monday) Parks & Recreation Advisory Board Day: 4th Monday of the month Time: 5:30 pm Location: Bob Andrews Conference Room NOTE: During the following months, the Parks Board will meet on the following date: May 21St (the 3rd Monday) December 17th (the 3rd Monday) Planning and Zoning Day: 2nd and 4th Wednesdays of the month Time: 6:00 pm Location: Council Chambers NOTE: During November and December, P &Z only meets once a month: November 14th (the 2nd Wednesday) December 12th (the 2nd Wednesday) Transportation Safety Advisory Commission Day: 1St Thursday of the month Time: 5:30 pm Location: Council Chambers Conference Room NOTE: There will be no meeting in July or December Committee of Committees Advisory Board Day: 3rd Wednesdays of the month: Time: 3:00 pm Location: Council Chambers Conference Room Historical Preservation Committee Day: Quarterly on the 4th Thursday of the month: January 25th, April 26th, July 26th and October 25th Time: 6:30 pm Location: Bob Andrews Conference Room ff C - •' Day: Meets on the 2nd Tuesdays for the following months: February 13th, April 10th, July 10th and October 9th Time: 4:00 pm Location: Bob Andrews Conference Room Animal Services Advisory Committee Day: Quarterly on the 1St Wednesday of the month: March 7th, June 6th, September 5th and December 5th Time: 10:00 am Location: Council Chambers Conference Room Schertz- Sequin Local Government Corporation Day: 3rd Thursday of the month Time: 1:30 pm Location: SSLGC Admin. Office Building — 108 W. Mountain Street, Seguin TX 78155 Cibolo Vallev Local Government Corporation Day: 4th Thursday of the month Time: 9:00 am Location: Alternates between Schertz & Cibolo — contact Angie Kleinschmidt akleinschmidt@seguintexas.gov NOTE: There will be no meeting in November During the following months, CVLGC will meet on the following date: May 23rd or 24th —joint meeting with cities of Cibolo and Schertz (5:30 or 6:30 pm start time) December 6th (the 1St Thursday)