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05-08-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 8, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treats Work together cooperatively as a tea Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flats of the United States and State of Texas. (Councilmember Ralph Gutierrez) Presentations • Proclamation recognizing Police Week (Mayor Pro -Tem Scagliola) • Presentation regarding the Hal Baldwin Scholarship Award Recommendations. (B. James /S. Gonzalez) 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 05 -08 -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. 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. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of May 1, 2018. (B. James /B. Dennis) 2. Ordinance No. 18 -T -15 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017 -2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant expansion, and to increase the budget for 3rd party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. Final Reading (B. James /J. Walters) 3. Resolution No. 18 -R -54 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an Interloeal Agreement with the Coma] County District Attorney in reference to the disposition of seized property and contraband. (D. Wait /M. Hansen) 4. Resolution No. 18 -R -55 — Consideration and /or action approving a Resolution for authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County. (B. James /S. Gonzalez) 5. Resolution No. 18 -R -38 - Consideration and /or action approving a Resolution authorizing the Acting City Manager to allow Cibolo Creek Municipal Authority (CCMA) to perform the site preparation and installation of a leased pre - packaged sewer treatment plant to expand waste water treatment capacity at the Woman Hollering Treatment Plant. (D. Wait) 6. Resolution No. 18 -R -56 — Consideration and /or action approving a Resolution releasing and terminating a sanitary sewer easement on Lot 2, Block 11 of the Verde Enterprise Business Park, Unit 14A Subdivision. (B. James. K. Woodlee) Roll Call Vote Confirmation Closed Session 7. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session 05 -08 -2018 City Council Agenda Page - 2 - 7a. Take any action based on discussions held in closed session under Agenda Item 7. Roll Call Vote Confirmation Workshop • Discussion regarding short term space needs. (D. Wait /J. Harshman /T. Buckingham) • Discussion regarding updated and new HR Policies and Guidelines. (D. Wait/J. Kurz) • Worksession Discussion on Anticipated Bond Issuance. (B. James /J. Walters) Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council 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 8. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding EMS Fees. (D. Wait /J. Mabbitt) • Update regarding large repairs /CIP Projects. (D. Wait /J. Harshman /T. Buckingham) • Update regarding seeking proposals for Employee Benefit Brokerage Services. (D. Wait /J. Kurz) Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 4th DAY OF MAY 2018 AT 5:15 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. T%0V1'vo ' r'h VV' -0626 Donna Schmoekel, Deputy City Secreta 05 -08 -2018 City Council Agenda Page - 3 - 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. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 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 05 -08 -2018 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular meeting on May 1, 2018. HHZTG • ' • On RM RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting held on May 1, 2018. Regular Meeting of May 1, 2018 minutes MINUTES REGULAR MEETING May 1, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 1, 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 Dan Santee Mayor Pro -Tern David S Councilmember Ralph C 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 6:03 p PrPePntatian • Proclamation recognizing Economic Development Week. (Mayor) Mayor Carpenter read the proclamation recognizing Economic Development Week and congratulated city staff members on the great job they are continuing to do. 05 -01 -201.8 Minutes Page -1- City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Wednesday, May 9tn San Antonio Manufacturing Assoe Freeman Coliseum Exposition Hall - Thursday, May 11: v_, 10:00 am — 4:00 pm tickets. Olympia Hills Golf and Conference Center Golf Tournament 20,18-1:30 pm, Olympia Hills Golf Club - Registration begins pm - $360 per team or $90.00 per person - Contact EMS X1400 • Announcements and recognitions by the Acting City Manager (B. James) No announcements were provided. • Announcements and recognitions by the Mayor (M. Carpenter) No announcements were provided. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: 05 -01 -201.8 Minutes Page - 2 - • Ms. Maggie Titterington, with The Chamber, who provided information and thanks to everyone who attended the groundbreaking ceremony on Thursday at the Kellum Family Medical Center. Ms. Titterington also reminded everyone of the upcoming Bowl-a-Thon Friday May 11, 2018, 5:30 p.m. to 9:00 p.m. at Fiesta Lanes in New Braunfels; funds raised will go toward the purchase of the rescue boat for the Schertz Fire Rescue. Ms. Titterington also gave a shout out to Police Chief Hansen. They are already making plans for the ReMax Skylight Balloon Fest. They are already, 'Seeking vendors and Schertz will have a 40x40 footprint. Within that area will be some ,,police vehicles and maybe some officer recruitment. They hope Animal Services will bring their-truck as well. They are expecting about 10,000 people to show up. Lastly, at their May 15th Chamber lunch coming up soon, representatives 11 , from TxDOT will be coming out to provide updates on projects going on in our area and answer questions. • Mr. Bobby Jones, 752 Moss Wood, who spoke abbe 11how Schertz Parkway is still a rough road even after the recently completed reconstruction', and improvements. Mr. Jones also addressed the issue of short term rentals, the associated, parking problems with them and why the city should regulate them. Even the HOA's do not support these type of rentals. Consent Agenda Items 2. ,,,",Ordinance No. 18-T� a Duiciget amen( Wait/T.Hooks) The ,ked,self-explanato'ry and will be enacted by the Council with one trate'discussion of these items unless they are removed from the st ofthe Mayor or a,,Council member. or'��actibn'regarding the approval of the minutes of the 18. (B.'James/B. Dennis) — Consideration and/or action approving an Ordinance authorizing and the ground storage tank repainting project. Final Reading (D. into record: ORDINANCE NO. 18-T-14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 05-01-2018 Minutes Page - 3 - 3. Resolution No. 18 -R -45 - Consideration and /or action approving a Resolution authorizing the Acting City Manager to enter into a contract with M & M Tank Coating Co. Inc. for the Schertz Ground Storage Tank Repainting project. (D. Wait /J. Hooks) The following was read into record: RESOLUTION NO. 18 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE AUTHORIZING THE ACTING CITY MANAC CONTRACT WITH M & M TANK COATING CC GROUND STORAGE TANK REPAINTING PROJE( TERMS OF THE CONTRACT AND OTHER M THEREWITH 4. Resolution No. 18 -R -50 — Consideration and /or action request for a Historical Incentive Program for the Mail (B. James) The following was read into I Oki a 1 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A: REQUEST FOR A HISTORICAL INCENTIVE PROGRAM FOR THE AGAIN STREET AREA GRANT FOR 528 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH 5. Resignations to the varou.City Boards, Commission and Committees — Consideration and/or action 'approving the resignation of Mr. Gary Howe]] from the Economic Development Corporation Board. (Mayor /Council) 6. Resolution No. 18-R-53 — Consideration and /or action approving a Resolution authorizing Water, Wastewater, Access, and Drainage Easements with San Antonio One and San. Antonio Three,, Limited lPartnerships for the use, benefit, and control of the City of Schertz for the operati , aintenance, and access to water, wastewater, and drainage facilities on a private property in the vicinity of Wiederstein Road and IH 35. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATER, WASTEWATER, ACCESS, AND DRAINAGE EASEMENT AGREEMENTS FROM SAN ANTONIO ONE AND SAN 05 -01 -201.8 Minutes page - 4 - ANTONIO THREE LIMITED PARTNERSHIPS, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve the consent agenda items 1 through 6. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Kiser and Crawford voting for and no one voting no. Councilmember Edwards was absent. Motion Passed. Mayor Carpenter moved to Item 12 of the agenda. Closed Session Mayor Carpenter convened into closed session at 6:33 12. City Council will meet in closed session under section '5 Code, Deliberation Regarding Economic Development N governmental body is not required to conduct an open to regarding commercial or financial information that- the from a business prospect that the goyernmental bodysee in or near the territory of the governmental body and wit] conducting economic development negotiations; or (2) to or other incentive to a business prospect. Councilmember E 12a. T Mayor Carden negotiations vii City of Schertz ect m. to regul k session at 7:16 p. m. 51.087 of the Te as Government egotiations; Closed Meeting. The -eting (1) to discuss or deliberate governmental body has received c,s to have locate, stay, or expand i which the governmental body is deliberate the offer of a financial discussions held in closed session under Agenda Item 12. aced that Acting City Manager Brian James is directed to begin City of San Antonio to bring certain parcel or parcels of land into the the City of San Antonio ETJ. Mayor Carpenter moved to Item 9 of the agenda. Discussion and Action Items 9. Resolution No. 18 -R -51 — Consideration and /or action approving a Resolution authorizing a program and expenditures as provided for in the Performance Agreement between the 05 -01 -2018 Minutes Page - 5 - IN City of Schertz Economic Development Corporation and Schertz 312, LLC. (B. James /K. Kinateder) The following was read into record: RESOLUTION NO. 18 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITUES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") AND SCHERTZ 312, LLC. (THE "COMPANY''); AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember . Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 18 -R -51. 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, for the record, the develoli r�behind Schertz 312, LLC, is Titan Development with whom the city . has a long -time Brack record and this agreement formalizes our united effort to attract another one million square foot user to our city. This decision ensures the city continues leading ,the effort for industrial development. We look forward to more great things through this agreement. Resolution No. 18 -R-52 - Consideration and /or action 'approving a Resolution authorizing a program and 6'xpenditufes, as provided for in the Performance Agreement between the City of Schert Economic, Development' Corporation and WR1, LLC. (B. James /K. Kinateder) LUTION NO. 18 -R -52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROGRAM AND EXPENDITUES AS PROVIDED FOR IN THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE "SEDC ") ANTS WRl LLC (THE "COMPANY "); AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Resolution No. 1.8 -R -52. 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. 05 -01 -201.8 Minutes Page - 6 - Mayor Carpenter stated that on this one the developer behind WRl, LLC is Five Star Properties who has also made an aggressive push to develop more retail sites in the city. He invited the representatives from the involved parties to come forward and share their thoughts as well. EDC Executive Director Kyle Kinateder introduced Josh Majors with Five Star Properties who thanked everyone from the city who was involved in this project. He then introduced Mitchell Roberts who was representing Evo Entertainment Group whose company will be the main anchor here —they will be bringing a 73,000 square foot, entertainment facility to the city of Schertz. He thanked everyone for their help and theylook"forward to getting this project started and open. Mayor Carpenter moved to Item 7 on the agenda. 7. Ordinance No. 18 -T -15 – Consideration and /or aetio an adjustment to the Fiscal Year 2017 - 201:8 bud donations, to transfer funds from the Library Board authorize a temporary summer employee, to incra treatment plant expansion, and to increase the bud repealing all ordinances or parts of ordinances in con an effective date. First Reading (B': Junes /J. Walters) The following was read into record: NO. n approving an Ordinance authorizing get to recognize additional. Library to the Library Personnel Budget and e Jhe budget for the temporary sewer het , for 3rd party inspection services; flict with the ordinance; and providing -15 Mayor Carpenter recognized Finance Director James Walters who stated this was the second quarterly budget adjustment they have brought to Council this year. Council had no questions on this item. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to approve Ordinance No. 18 -T -15 first reading. 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. 05 -01 -201.8 Minutes Page - 7 - 8. Ordinance No. 18 -F -16 — Consideration and /or action approving an Ordinance granting an electrical transmission and distribution and communications franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a ten year term. First reading (D. Wait) The following was read into record: ORDINANCE NO. 18 -F -16 AN ORDINANCE OF THE CITY COUNCIL ( TEXAS, GRANTING AN ELECTRIC TRANSIVL AND COMMUNICATIONS FRANCHISE VALLEY ELECTRIC COOPERATIV 'E'1�1 CITY STREETS, ALLEYS, AND PUBLIC TERM COMMENCING ON THE : EFFEC VARIOUS TERMS AND CONDITIONS WITH P SUCH FRANCHISE; CONTAINING A SEVIA] FOR THE SUPERSEDING OF ANY AND AL REGULATIONS, RULES, OR POLICIES WITH THIS ORDINANCE; ANI PROVIDING A Mayor Carpenter recognized Executive Director Dudley Wait who stated this is a proposed ten -year agreement and a renewal of previous franchise agreements. Originally, we entered into an agreement With them in 1972 which was far 'a twenty five year term. The next agreement was for ten years and expired in 2008. This proposed e they did oq will bring this ised questions Mayor unanimous Larson, Ec Passed. Workshop year agreement with a two percent franchise fee i, that franchise fee to their fiber optic lines as well, which is a in 1998 and carry that forward for another ten year agreement. to council in two to four weeks for a second reading. Mr. Wait - ecognized Councilmember Crawford who moved seconded by yards to approve Ordinance No. 18 -F -1.6 first reading. The vote was Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Kiser and Crawford voting for and no one voting no. Motion • Presentation and discussion regarding short -term rentals and regulations. (L. Wood/B. Cox/C. Gould) 05 -01 -2018 Minutes Page - 8 - Mayor Carpenter recognized Planner I Channary Gould who explained that short term rentals called pit pads were rentals primarily for military personnel. The city's UDC does not include a definition for short term rentals but it is generally defined as `any rentals that are for periods of less than 30 consecutive days to an occupant, typically in a residential . dwelling unit. They may or may not be owner - occupied. They are subject to Hotel Occupancy Tax (HOT). The state comptroller's rate is 6% and cities and counties are authorized to impose additional local hotel taxes. Schertz's HOT is equal to 7 %. There are many websites available where property owners can advertise. San Antonio, Austin and San Marcos all have registration requirements for obtaining permits to operate. For Schertz, staff advises to continue to monitor this business for complaints and become prepared to address issues in the future. They recornmeid adopting a permitting or registration process to address short term rentals in advance cif: the amount of rentals increasing in the future. This would also require' amending the UDC. Ms. Gould, Mr. Brooks, and Mr. Walters addressed questions from Council. Suggestions from Council were to first educate the informational articles in the Schertz Magazine::, The safety, building code compliance, fire requirements, part • Discussion and possible action n Tuesday's of the month as needed. nmunity by publishing some atinued to discuss permitting, regulations, etc. meetings on the 3rd Mayor Carpenter stated it sounds Tike basically Council needs to decide if they want shorter meetings and more o them or longer meetings and fewer of them. Discussion amongst members was in regard to limiting presentation and debate time, extending time when needed; having informational documents in advance for workshops, being prepared in general, knowiug staff s recommendation and revisiting workshop subject matter for a second time, etc. Acting City Manager Brian. James made several suggestions that staff could initiate: place more items on consent that don't really need additional discussion and create a one or two page sheet summarizing the key aspects with a recommendation for an item. If they still have questions, they can call him and /or the department head of that item and look at our workshop information and how much information we provide. Mayor Carpenter instructed the City Secretary to put an item on the next agenda to discuss our Rules of Procedure with discussion and potential action. He will also try to do some 05 -01 -201.8 Minutes Page - 9 - work on how we do our agendas and manage our time and proceed in a manner that balances giving due time to items of great importance and due time to items that are routine as well as equal time amongst the council members for comments and discussion. Mayor Carpenter stated that due to the time this evening he would like to take up workshops 3 and 4 at the next meeting and have staff provide the PowerPoints to Council on these items. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda items 1 -10. Closed Session 11. City Council will meet in closed session under sc Code, Personnel Matters to deliberate the al reassignment, dutids', discipline, or dismissal of the 1 Mayor Carpenter convened -into closed session at 9,OP p.m. into regular session at 10:27 P m. the roll call votes on 551.074 of the Texas Government fitment, employment, evaluation, Manager. held in closed session under Agenda Item 11. • Announcements by the Acting City Manager. Acting City Manager Brian James stated that he will provide Council with a summary on the Main Street project. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 05 -01 -2018 Minutes Page -10 - No Items were requested • 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 Mayor Pro -Tern Seagliola who stated he is Looking forward to the Sweetheart Court Coronation on Thursda .- on regarding the Movin' on Main event. (B. James/S. ilities Master Plan. Study. (D. Wait) Adiournment As there was no further business, Mayor Carpenter adjourned the meeting at 1.0:31 p.m. Michael R. Carpenter, Mayor ATTEST: 05 -01 -201.8 Minutes Page - 11 - Brenda Dennis, City Secretary 05-01-2018 Minutes Page -12 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 Department: City Management /Finance Subject: Ordinance No. 18 -T -15 - An ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017 -2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant expansion, and to increase the budget for 3rd party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. Final reading C• � 1 With Ordinance 17 -T -30 the City Council of the City of Schertz approved the annual budget for FY 2017 -1.8. Staff is proposing to amend the budget to recognize additional Library donations that came in over budget and allow for their expense, to transfer funds from the Library :Board to the Library personnel budget to allow for a temporary summer position, to increase the budget for the installation of the temporary sewer treatment plant, and to increase the budget for outside inspection services. 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. The Library is requesting an increased budget to allocate the additional donation revenues received and to recognize funding approved by the Library Board for a temporary summer employee. Currently the Library has brought in close to $5,000 in donations to date which is twice what was estimated in the Budget. In January of 2018, the Library Foundation, an independent organization, made a $3,762 donation to the Library to replace the computer catalogs with iPads. This donation was more than what was budgeted so staff is requesting council recognize an additional $5,000 in donation revenue and expenditures for the fiscal year to accommodate any future donations received. The Library Board had $12,000 approved in their budget for special events and programs which is funded by sales from their book store. The Board decided $1,600 of those funds would best be used to fund a temporary summer employee to help with the program demand at the Library. The summer programs at the Library have very high attendance and the additional staff will help provide a more consistence customer service level to the citizens. Staff is requesting Council accept and transfer these funds from the Library Board to the Library personnel accounts and authorize a temporary summer employee to hire this position. This is a temporary position still and will not be automatically included in the FY 2018 -19 Budget with this authorization. Ordinance 18 -T -05 authorized a budget of $359,700 to install an expansion of the temporary sewer treatment plant in the southern area of Schertz which will continue to provide service to the surrounding area until the new CCMA regional treatment plant is operational. That amount did not include additional engineering costs and the cost of a new generator to run the temporary plant, only the installation. This budget adjustment request will set the engineering costs for the project not to exceed $108,148 and the generator purchase to $20,000, for a total budget increase of $128,1.48. The total cost to expand the temporary sewer treatment plant would be $487,848 and covers engineering, installation, and power generation. The installation costs are funded out of the Sewer Capital Recovery Fund. The operating costs of the expansion were approved in the Water & Sewer Fund regular operating budget and is fully funded. Staff is requesting the budget to be increased for the continued use of Yd party plan review and inspections. The service contract with BB Inspection Services authorized expenditures up to $360,000 over a 2 -year period. Last fiscal year the city used $189,600 leaving $170,400 remaining on the contract. The total budget for the current fiscal year on these services was $100,000. Staff is recommending the budget be increased by $70,400 to fully utilize the services remaining on the contract if needed. As of April 27, 2018, staff has used 77% of the authorized amount in the current budget for these services. In an effort to maintain the Length of time it takes to review, and issue permits and perform inspections even in light of increased permitting activity, staff has been relying on these service contracts to supplement building inspections staff. The department has 5 staff positions that do plan review and inspections but has had a vacant position for 6 months due to the inability to hire a building inspector. Meanwhile in the first 7 months of the current fiscal year 81 additional permits have been issued compared the same time last year. These contract services are essential to maintain service levels at the levels expected of staff. City Council approved this on first reading at their meeting of May 1, 2018. Summary of Recommended Action. Approval of Ordinance 18 -T -15 approving the midyear budget adjustment. FISCAL IMPACT This ordinance will have no fiscal impact on the General Fund Budget. The Library Donation expenditures will match to the donated revenue. The additional. Library personnel expenditures related to the temporary summer employee will be funded by a transfer from the Library Board. After Ordinance 18 -T -05, the estimated ending Fund Balance for the Sewer Impact Fee Fund in the budget was $5,499,010. With the additional funds requested for the temporary sewer treatment plant expansion the new ending fund balance estimate would be $5,370,862. The project is authorized for use of sewer impact fees. For the General Fund, the requested budget increase of $70,400 for additional inspection services will be funded by additional permit revenue above original budgeted projections and will not cause any decrease in General Fund balance as a result. 1• Approval of Final reading Ordinance No. 18 -T -15 ATTACHMENT Ordinance No. 18 -T -15 ORDINANCE NO. 18 -T -15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018 BUDGET TO RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO TRANSFER FUNDS FROM THE LI.BRARY BOARD TO THE LIBRARY PERSONNEL BUDGET AND AUTHORIZE A TEMPORARY SUMMER EMPLOYEE, TO INCREASE THE BUDGET FOR THE TEMPORARY SEWER TREATMENT PLANT EXPANSION, AND TO INCREASE THE BUDGET FOR 3RD PARTY INSPECTION SERVICES; 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 -2018 (the "Budge ), which provides funding for the City's operations throughout the 2017 -2018 fiscal year; and WHEREAS, the City needs to recognize an additional $5,000 in Library Donation revenue and expense; and WHEREAS, the City needs to recognize a transfer of funds of $1,600 from the Library Board to the Library personnel budget for a temporary summer position; and WHEREAS, the City needs to increase the budget for the temporary sewer treatment plant expansion by $1.28,1.48 for engineering and the purchase of a generator; and WHEREAS, the City needs to increase the budget by $70,400 for additional 3rd party inspection services; 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 adjustment for additional Library Donations, transfer of funds from the Library Board to the Library personnel budget for a temporary summer position, increase the budget to complete the temporary sewer treatment plant expansion, and increase the budget for 3rd party inspection services, 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 increase the budget for Library Donation expenses and recognize an additional donation revenue in the amount of $5,000. Section 2. The City shall transfer $1,600 from the Library Board to the Library personnel line items and authorize the hiring of a temporary summer position. Section 3. The City shall increase the budget for the sewer treatment plant expansion by $128,148 for engineering services and the purchase of a generator to be funded from Sewer Impact Fee reserves. Section 4. The City shall increase the budget for 3rd parry inspection services and recognize additional permit revenue in the amount of $70,400. 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. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 1st day of May 2018. i CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 50558021.1 - 2 - (CITY SEAL) 50558021.1 - 3 - Agenda No. 3 011111 401"LlumI WU 10I01 [o1 AILN1 UK] 1 City Council Meeting: May 8, 2018 Department: Police Subject: Resolution 18 -R -54 — A Resolution of the City Council of the City of Schertz, Texas authorizing the Acting City Manager to enter into an inter -local agreement between the City of Schertz and the Comal County District Attorney in reference to the disposition of seized property and contraband. • 4 I Xl11ok, i1 Disposition of seized property is regulated by State law, specifically Chapter 59 of the Texas Code of Criminal Procedure. The attorney representing the State (County District Attorney) is authorized by this code to enter into an agreement with a law enforcement agency to determine how such property and /or proceeds from such property will be disposed. There must be an agreement for the law enforcement agency to receive any property or proceeds. This agreement provides the manner and means that any said seized property and /or contraband and proceeds therefrom will be disposed. This is an annual agreement. There are no changes to the one previously approved by Council. Similar agreements are in place with the Guadalupe and :Bexar County District Attorney office. Goal To enter into an interlocal agreement that will regulate and allow for the disposition of seized property and /or contraband and any proceeds therefrom. Community Benefit Property and /or contraband and any proceeds therefrom may be utilized in certain strictly regulated situations to purchase law enforcement related equipment and training. This equipment and training is then achieved without the use of general fund revenues. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Acting City Manager to enter into this agreement with the Comal County District Attorney's Office. FISCAL IMPACT There is no fiscal impact associated with this agreement. Resolution No. 18 -R -54 Interlocal Agreement between. Schertz and Comal County District Attorney's Office. RESOLUTION NO. 18 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COMAL COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the 71 st Legislature enacted Chapter 59 of the Texas Code of Criminal Procedure for the purpose of regulating the disposition of property seized by law enforcement officers and forfeited contraband; and WHERAS, the Schertz Police Department and the Prosecuting Attorney for Comal County desire to enter into an INTERLOCAL AGREEMENT regarding the disposition of said forfeited contraband and /or the proceeds therefrom; and WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter an interlocal agreement with the Comal County District Attorney; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an interlocal agreement with the Comal County District Attorney; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to enter into the interlocal agreement attached in 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 8th day of May, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - Tiffany N. Leal Chief Civil Prosecutor Sammy M. McCrary Chief Felony Prosecutor Clayten H. Hearrell Chief Misdemeanor Prosecutor JENNIFER THARP Comal County Criminal District Attorney April 23, 2018 Schertz Police Department Attn: Mark Ripley, Purchasing Department 1400 Schertz Parkway, Bldg #6 Schertz, Texas 78154 Via regular mail Re: Interlocal Agreement for Chapter 59 Asset Forfeitures Dear Mr. Ripley, Assistant District Attorneys Allison Buess Lauren Cole Jessica Devaney Shelby Griffin Robyn Katz Lance Kennedy Kiera Kilday Alli Assiter Rose Latham Daniel Palmitier Joshua D. Presley Tillman Roots Holly Weatherford Abigail Whitaker Pursuant to our conversation, please find enclosed an Interlocal Agreement for Chapter 59 Asset Forfeitures with a signature line for the City Manager. Please sign in duplicate and return one original interlocal agreement: Criminal District Attorney's Office Tiffany N. Leal, Chief Civil Prosecutor 150 N. Seguin Ave., Ste. #307 New Braunfels, Texas 78130 If you should have any questions, contact me at (830) 221 -1302. Sincerely, Juliana Aguirre Martinez Chief Civil Legal Assistant Enclosure 150 N. Seguin Ave., Suite 307, New Braunfels, Texas 78130 -5161 Tel: (830) 221 -1300 Fax: (830) 608 -2008 INTERLOCAL AGREEMENT This INTERLOCAL AGREEMENT is made and entered into by and between the SCHERTZ POLICE DEPARTMENT (hereinafter "Law Enforcement Agency "), a Law Enforcement Agency headquartered in Guadalupe County, Texas, that conducts operations in Comal County, and the office of the Criminal District Attorney for Comal County (hereinafter "Prosecuting Attorney "). Pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure, as enacted by the 71St Legislature, First Called Session, 1989, and subsequent amendments thereto, regulating the disposition of property seized by law enforcement officers and forfeited contraband. Law Enforcement Agency and the Prosecuting Attorney desire to enter into a INTERLOCAL AGREEMENT regarding the disposition of said forfeited contraband and /or the proceeds therefrom. This INTERLOCAL AGREEMENT is entered into by and between the respective parties hereto and is predicated upon the mutual consideration of the equitable sharing of the value of the contraband and the contraband itself, seized pursuant to the appropriate state statutes. Accordingly, inasmuch as said statutes require that a INTERLOCAL AGREEMENT exist between the Prosecuting Attorney and any Law Enforcement Agency in order to share property and /or the proceeds of property seized by the Law Enforcement Agency, it is the intention of Law Enforcement Agency and the Prosecuting Attorney to hereby enter into a INTERLOCAL AGREEMENT regarding the disposition of property seized by said Law Enforcement Agency. In consideration for the services of the Prosecuting Attorney rendered to and on behalf of Law Enforcement Agency in pursuit of the forfeiture of seized contraband, Law Enforcement Agency agrees that upon the forfeiture of seized currency ( "Forfeited Currency ") or upon the forfeiture and sale /or of other seized property, real or personal, the following proceed sharing formulas shall apply: 1. Pre -Trial Disposition for Personal Property: Twenty -five percent (25 %) of any Forfeited Currency or proceeds from sold Personal Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining seventy -five percent (75 %) of any Forfeited Currency or proceeds of sold Personal Property for official law enforcement purposes as permitted by law. This formula applies to default judgments, summary judgments, settlements or any other pre -trial dispositions. 2. Trial Disposition for Personal Propert y: Thirty percent (30 %) of any Forfeited Currency or proceeds of sold Personal Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining seventy percent (70 %) of any Forfeited Currency or proceeds of sold Personal Property for official law enforcement purposes as permitted by law. This formula shall apply to bench or jury trial dispositions which include settlements or judgments in favor of the State occurring after a case is set for trial. Page 1 of 3 3. Pre -Trial Disposition of Real Property: Thirty percent (30 %) of any proceeds from sold Real Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining seventy percent (70 %) of any proceeds from sold Real Property for official law enforcement purposes as permitted by law. This formula applies to default judgment, summary judgments, settlements or any other pre -trial dispositions. 4. Trial Disposition of Real Property: Forty percent (40 %) of any proceeds from sold Real Property shall be retained by the Prosecuting Attorney to be used for any purpose permitted by law. The Prosecuting Attorney agrees that Law Enforcement Agency shall retain the remaining sixty percent (60 %) of any proceeds from sold Real Property for official law enforcement purposes as permitted by law. This formula shall apply to bench or jury trial dispositions which include settlements or judgments' in favor of the State occurring after a case is set for trial. 5. It is specifically agreed by the parties that Forfeited Currency in amounts of less than or equal to $500.00 may be solely retained by the Prosecuting Attorney to be used for the official purposes of the office. 6. In regards to the seizure of contraband such as vehicles and other conveyances that may be of use to Law Enforcement Agency or the Prosecuting Attorney in the conduct of official business, the parties hereto shall agree in writing to allocate such property in a manner that best serves the operational interests of both parties. 7. Law Enforcement Agency shall be responsible for paying any fees associated with maintaining, towing, and storing any seized property, real or personal. It is further specifically agreed by the parties that should special circumstances in an individual case dictate that the proceeds of the forfeited contraband be shared with other law enforcement agencies or that the award to the Prosecuting Attorney be in a proportion other than that set out in this INTERLOCAL AGREEMENT, the parties may consent in writing to a different allocation of the proceeds in that case. In the absence of a specific agreement in writing with regard to a particular case, all distribution of seized property, or the proceeds there from, shall be in accordance with this INTERLOCAL AGREEMENT. This INTERLOCAL AGREEMENT shall be in effect from and after the 1St day of January, 2018. It is the specific intention of the parties that this INTERLOCAL AGREEMENT shall automatically be renewed on a yearly basis unless either party shall notify the other within thirty (30) days prior to the date of expiration that it intends not to renew the INTERLOCAL AGREEMENT. Either party may terminate this INTERLOCAL AGREEMENT at any time, and for any reason or for no reason, by giving written notice of the specific termination date at least thirty (30) days and no more than sixty (60) days prior to that date. In the event a forfeiture proceeding has been commenced prior to the termination date of the INTERLOCAL AGREEMENT or the notification with regard thereto, said forfeiture shall not be affected by the termination of the INTERLOCAL AGREEMENT or the notification of intended termination. This INTERLOCAL AGREEMENT revokes and supersedes any prior agreement between the parties. Page 2 of 3 It is the specific intention of the parties that this INTERLOCAL AGREEMENT shall apply to all things finally forfeited to the State pursuant to Chapter 59 of the Texas Code of Criminal Procedure from and after the effective date of this INTERLOCAL AGREEMENT. Money and property shall be considered to have been finally forfeited to the State when the forfeiture judgment has become final and no motion for new trial or appeal has been taken. Forfeiture proceedings pending on the effective date of this INTERLOCAL AGREEMENT may be covered by this INTERLOCAL AGREEMENT if the parties agree to such in writing with regard to each such pending case. If lawful money of the United States is seized as contraband pursuant to the provisions of Chapter 59 of the Texas Code of Criminal Procedure and falls under the terms of this INTERLOCAL AGREEMENT, the Prosecuting Attorney may deposit funds in an interest- bearing account in the Comal County Treasury to be maintained until final disposition of said funds. All disbursement of forfeited funds held in such accounts shall include any interest that has accrued except as otherwise provided herein. Disbursement of funds shall be made when a final judgment has been properly executed, a certified copy of such judgment has been duly served upon each party, and all reasonable costs associated with the maintenance of said funds have deducted therefrom. For the Offiqeqthe Prosecuting Attorney: Jengder ATl`��, Criminal District Attorney City of Schertz: City Manager, Printed Name: A= Schertz Police Department: Printed Name: Page 3 of 3 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 Department: City Manager Subject: Resolution No. 18 -R -55 - Consideration . and /or action approving a Resolution authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County, and other matters in connection therewith. (B. James /S. Gonzalez) In 2015 the City of Schertz accepted an offer to participate with Bexar County in the Federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Programs. Typically, suburban cities will "Loan" their population to Bexar County Community Resources Department to increase funding available for the program which is then allocated by Bexar County Commissioners Court in the unincorporated portions of Bexar County and in participating cities. This made Schertz eligible to compete for projects as it did in the late 1980s . and early 1990s. This money can be used for many income - dependent projects including the following: • senior citizen day care and community centers (not income - dependent), • ADA sidewalks (not income - dependent), • water systems and mains, • street reconstruction, • drainage projects, • housing rehabilitation and • public assistance for the elderly and low income citizens. In 2015 Schertz was awarded $61,884 for the Pickrell Park ADA walkways project. Schertz subsequently applied for funds for waterline upgrades in Aviation Heights but was not awarded funds. Additionally, Bexar County has several on -going programs Schertz residents are able to participate in including housing rehabilitation and housing replacement (income dependent). Funding depends on Congress and is distributed to recipients (such as Bexar County Community Resources) based on formula. Bexar County will then issue a call for projects and then will issue awards. City Council Memorandum Page 2 Schertz is not eligible to become a direct recipient of funds from HUD until its population reaches 50,000. In 2015, . Schertz entered into a 3 year agreement with Bexar County to participate in the program. The proposed agreement extends the City's participation for another 3 years. If the City does not choose to continue to participate in the Bexar County program, it will be eligible to participate in the State Department of Agriculture's CDBG program for rural communities. Goal Continued participation in Bexar County's CDBG, HOME and ESG programs Community Benefit Provide an additional funding source for projects throughout the City of Schertz. Summary of Recommended Action Recommend approval of a resolution and agreement authorizing continued participation in Bexar County's CDBG, HOME and ESG programs. FISCAL IMPACT None at this time. RECOMMENDATION Staff recommends approval of a resolution and agreement authorizing participation in Bexar County's CDBG, HOME and ESG programs. ATTACHMENT Resolution 18 -R -55 Letter from Bexar County Regarding Participation CDBG Program Cooperative Agreement RESOLUTION NO. 18 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City reenter into an agreement with Bexar County, Texas to participate with Bexar County, Texas in its re- qualification process as an Urban County for continued participation in the Housing and Urban Development Community Development Block Grant, HOME and ESG Programs for the fiscal years 2019, 2020 and 2021; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with Bexar County, Texas pursuant to the Community Development Block Grant Program Cooperative Agreement, attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS _ ■,I Section 1. The City Council hereby authorizes the Mayor to execute and deliver the Agreement with Bexar County, Texas in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which. this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 8th day of May, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT FEW April 12, 2018 Honorable Michael Carpenter Mayor of Schertz 1400 Schertz Parkway, Bldg 4 Schertz, Texas 78154 Dear Mayor Carpenter: Bexar County has begun its re- qualification process as an Urban County for continued participation in the Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Programs for the fiscal years 2019, 2020 and 2021. Over the past thirty -two years Bexar County and its partner cities have received substantial financial benefit of HUD funding to address priorities such as water systems and mains, senior citizen, day care and community centers, street reconstruction, drainage projects, housing rehabilitation and public assistance for the elderly and low income citizens of Bexar County. So that we may continue these mutually beneficial community development activities, we are asking your city to join us in qualifying for the next three year Urban County entitlement period. Bexar County Commissioners Court urges you to enter into a cooperative agreement for inclusion in the Urban County designation. The cooperative agreement is attached for your review and execution. This agreement will give your city access to CDBG, HOME and ESG funds for the next three years. In accordance with the directions and timetables provided to the County by HUD, this letter is being sent to you to advise you of the actions that you and the city council must take if your city wishes to be included in or excluded from participation in the Urban County designation for fiscal years 2019 - 2021 CDBG, HOME and ESG programs. If you wish to participate please send your written notice of participation, the executed duplicate agreements and city council resolution approving the action to my office at the address given below by June 15, 2018. Bexar County Economic and Community Development Department Attn: Development Services 233 N. Pecos, Suite 320 San Antonio, Texas 78207 Should your city decide that it does not wish to participate in Bexar County's Urban County designation; your written notice must be forwarded to both the Coun at the address listed above and HUD below: Elva F. Garcia, Director Office of Community Planning and Development HUD -San Antonio H.F. Garcia Federal Bldg/US Courthouse 615 E. Houston Street, Suite 347 San Antonio, TX 78205 If your city participates in Bexar County's Urban County designation, it will be eligible for the County's funding but will not be eligible for funding through the Small Cities or State program. Thank you for your consideration. We hope you will j oin the Urban County designation. If your city has any questions about the Urban County designation, CDBG, HOME, ESG programs or this process, please contact one of the following members of our Economic and Community Development Department — Development Services: Alma R. Perez, Manager — (210) 335-6567 Robert Reyna, Coordinator — (210) 335-1098 Mark Boyd, Specialist — (210) 335-6967 Sincerely, - — ------- - - Alma R. Perez Manager Cc: David Marquez, Executive Director I G STATE OF TEXAS § COMMUNITY DEVELOPMENT § BLOCK GRANT PROGRAM COUNTY OF BEXAR § COOPERATIVE AGREEMENT This agreement (the "Agreement") is entered into by and between Bexar County ("COUNTY"), a political subdivision of the State of Texas, and City of Schertz ("CITY"), a municipal corporation under the laws of the State of Texas (also, individually, a "Party" or, collectively, the "Parties"). 1. The specific purpose of the Housing and Community Development Act of 1974, as amended, is the development of viable communities. 2. CITY has elected to have its population included as a portion of COUNTY's population in COUNTY's "Urban County" applications to the U.S. Department of Housing and Urban Development ("HUD") for the Community Development Block Grant ("CDBG") Entitlement Program and the HOW Investment Partnership Program (collectively, the "Grant Applications"), and COUNTY is willing to include CITY's population in the Grant Applications. 3. COUNTY wants to be designated as an "Urban County" by HUD in order to receive a formula share of program funds, provided that COUNTY has a population of 100,000 (excluding the population of its metropolitan cities) and has combined population of at least 200,000 included in its unincorporated areas and its included units of general local governments for essential Community Development and Housing-Assistance activities. ARTICLE I 911L 4_Xt_1LL 1.01 CITY authorizes COUNTY to include CITY's population in the Grant Applications in order to qualify for a formula share of the entitlement funds through HUD's CDBG Entitlement Program, HOME Investments Partnership ("HOME") Program, and Emergency Solutions Grant ("ESG"), and COUNTY agrees to include the same in the Grant Applications. 1.02 CITY shall not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years in which this Agreement is in effect. Further, CITY shall not participate in a HOME consortium except through COUNTY, regardless of whether COUNTY receives a HOME formula allocation during the fiscal years in which this Agreement is in effect. ARTICLE II TERM 2.01 Term. This Agreement is effective for the three -year qualification period of Fiscal Years 2019, 2020 and 2021. This Agreement remains in effect until the CDBG, HOME and ESG Program funds and income received with respect to the three -year qualification period and any successive qualification periods are expended and the funded activities are completed, and the Parties may not terminate or withdraw from this Agreement while it remains in effect. 2.02 Automatic Renewal; Termination. This Agreement will automatically renew for each new three -year Urban County qualification period, unless CITY or COUNTY provides written notice of its intention to end its participation in this Agreement to the other Party before the end of a three -year qualification period. COUNTY agrees to notify CITY of its right to elect not to participate in a new qualification period by the date specified in the HUD's Urban County Qualification Notice for each new qualification period. Failure by either Party to adopt an amendment to this Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for a new qualification period, and to submit the amendment to HUD, shall void the automatic renewal of this Agreement. ARTICLE III OTHER HUD REQUIREMENTS 3.01 Cooperation. The Parties will cooperate to undertake, or assist in undertaking, community renewal and lower - income- housing- assistance activities. 3.02 Compliance with Specific Statutes, A. Urban - County- Certification. The Parties will take all actions necessary to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. B. Environmental and Civil-Rights. The Parties will take all required actions to comply with the provisions of the National Environment Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 104 (b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable laws. 3.03 Furtherance of Fair Housing. COUNTY prohibits CDBG, HOME or ESG Program funding for activities in or in support of a participating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes COUNTY's actions to comply with its Fair Housing Plan and fair housing certification. 3.04 Excessive -Force Policies. COUNTY and the participating units of general local government have adopted and are enforcing: 1) a policy prohibiting the use of excessive force by law enforcement agencies with its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non - violent civil rights demonstrations within the jurisdiction. 3.05 No Veto of Plan. Neither Party to this Agreement may veto or in any other way obstruct the implementation of the approved Consolidated Plan (the "Plan ") during the period for which COUNTY is seeking to qualify as an Urban County, nor may either Party be required to undertake any activities not specifically in the Plan. In addition, nothing contained in this Agreement will deprive any municipality or other unit of local government of any powers of zoning, development control or other lawful authority which it presently possesses. 3.06 CITY is Subrecipient. Pursuant to 24 CFR 570.501 (b), the unit of local government is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement set forth in 24 CFR 570.503. 3.07 Urban County Program Responsibilities. COUNTY will adhere to HUD requirements regarding public hearings and will have final responsibility for selection of projects, the filing of annual grant request and the preparation of annual performance reports. 3.08 Certification Required. This Agreement is not effective unless and until it is executed by both Parties and certified by counsel for COUNTY. ARTICLE IV AMENDMENTS 4.01 No amendment, modification or alteration of the terms of this Agreement will be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties. This Agreement is executed in duplicate originals this day of , 2018. COUNTY OF BEXAR By: Nelson W. Wolff County Judge ATTEST: By: Gerard Rickhoff County Clerk APPROVED AS TO LEGAL FORM Nicholas "Nico" La Hood Criminal District Attorney Bexar County, Texas CITY OF SCHERTZ By: By: Katherine Ramos Assistant Criminal District Attorney Civil Section APPROVED AS TO FINANCIAL CONTENT: By: Susan T. Yeatts County Auditor M David Smith County Manager in Michael Carpenter Mayor ATTEST: City Secretary By: City Attorney APPROVED: By: David Marquez Executive Director Bexar County Economic and Community Development Department January 2, 2018 The Bexar County Economic and Community Development Department invites eligible Federally Registered Non - Profits 501(c)(3) and Governmental Entities to submit applications for Bexar County's Community Development Block Grant (CDBG), HOME Investment Partnership Program, and Emergency Solutions Grant (ESG) Programs funded through the U.S. Department of Housing and Urban Development (HUD). These federal funds can be utilized in unincorporated areas of Bexar County, and in the following participating urban jurisdictions: Balcones Heights, China Grove, Converse, Elmendorf, Grey Forest, Helotes, Hill Country Village, Kirby, Leon Valley, Live Oak, Sandy Oaks, Selma, St. Hedwig, Schertz, Somerset, Terrell Hills, Universal City and Von Ormy. Bexar County federal funds may be used as follows: ➢ Public Service: limited to 15% of total allocation; ➢ Infrastructure: street reconstruction, water mains, sewers, drainage projects, etc.; ➢ Housing: construction of single and multi - family housing, rental assistance, etc.; ➢ Homelessness: prevention, rapid re- housing, street outreach, shelter, etc.; ➢ Public Facility Construction /Improvements: health clinics, community centers, etc. Bexar County will offer Non Mandatory Technical Assistance (TA) Workshops on the following dates: February 15, 2018 TA Workshop (All Funding Sources) 9:00a.m. - 11:00a.m. February 22, 2018 TA Workshop (All Funding Sources) 9:00a.m. - 11:00a.m. See website for location https: / /www.bexar.org/ 2258 /Notice -of- Funding- Availability NOFA Application Schedule: March 5, 2018 NOFA Application Released March 16, 2018 NOFA Application Submittal Deadline r f �,} ECUAINOUSWO -- GFFOPTVH+TY Selection of Projects Schedule: June 5, 2018 Preliminary Selection (Commissioners Court) July 10, 2018 Final Selection (Commissioners Court) Public Hearing Schedule (Non Mandatory) for citizen input on community and housing needs: Commissioner Sergio "Chico" Rodriguez, Precinct 1 Thursday, February 8, 2018 — 6:30 p.m. Somerset Multi- Purpose Center 19375 "K" Street Somerset, Texas 78069 Commissioner Paul Elizondo, Precinct 2 Thursday, January 18, 2018 — 6:30 p.m. Balcones Heights Justice Center, 3300 Hillcrest Balcones Heights, Texas 78201 Commissioner Kevin A. Wolff, Precinct 3 Thursday, January 25, 2018 — 6:30 p.m. Hill Country Village, 116 Aspen Lane San Antonio, Texas 78232 Commissioner Tommy Calvert, Precinct 4 Thursday, February 1, 2018 — 6:30 p.m. Greater Randolph Area Seniors Program Center 250 Donalan Converse, Texas 78109 Please Note: Applications may only be submitted online on or before March 16, 2018. Eligible applicants may access the 2018 -2019 CDBG, HOME, and ESG application by visiting the Bexar County Community Development website for further details. Link will be made available on March 5, 2018. Special accommodations will be made available for individuals with disabilities. Please contact the Bexar County Community Development office if accommodations are needed at (210) 335- 6648. r �•�1 ECUAlFI9USiNt1 - ORFORTVN!1'/ Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 Department: Public Works — Waste Water Subject: Resolution 18 -R -38 - Consideration and /or action approving a Resolution authorizing the Acting City Manager to allow Cibolo Creek Municipal. Authority to perform the site preparation and installation of a leased pre- packaged sewer treatment plant to expand waste water treatment capacity at the Woman Hollering Treatment Plant. BACKGROUND On December 12, 2017 City Council authorized the City Manager to renew an agreement with Cibolo Creek Municipal Authority (COMA) for the expansion of the Woman Hollering Creek Treatment Plant (WHIP). At that time, it was unknown what the final expenses would be so staff advised Council that we would return when the final costs were known for approval to move forward with construction. Since then, CCMA's engineer has completed the design work, the project has been bid and final costs have been tabulated: Engineering: $108,148 Construction: $359,700 Generator: $ 20,000 Total: $487,848 Staff is seeking Council's authorization to engage CCMA on the installation of this expansion. It is anticipated that construction will take 3 -4 months. Goal To provide safe, efficient and compliant waste water treatment for the Crossvine Development through the use and expansion of a temporary pre - packaged waste water treatment plant. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the Acting City Manager to proceed with CCMA performing the site work and improvements necessary to expand the WHTP. FISCAL IMPACT The fiscal impact of this work by CCMA will be approximately $487,848. Although this cost was not budgeted, the expansion of this plant is in the Waste Water Capital Improvement Plan and dollars from impact fees will be used to pay for this installation. The budget adjustment ordinance, 18 -T -15 approved this same date has allocated impact fee dollars for this project. ATTACHMENT Resolution No. 1.8 -R -38 RESOLUTION NO. 18 -R -38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ALLOW CIBOLO CREEK MUNICIPAL AUTHORITY TO PROCEED WITH WORK FOR THE INSTALLATION OF A LEASED PRE - PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH NOW THEREFORE, WHEREAS, the City of Schertz has an executed agreement with the developers of the CrossVine development to provide waste water treatment capacity; and WHEREAS, the City of Schertz and it's waste water treatment partner, Cibolo Creek Municipal Authority have determined that the current treatment plant is approaching its maximum treatment capacity; and WHEREAS, the City of Schertz has entered into a lease agreement with A.U.C. Group LP for a pre- packaged sewer treatment plant that will double the capacity of the current plant; and WHEREAS, engineering, site work and infrastructure installation is necessary to prepare for the installation of the leased pre- packaged sewer treatment plant; and WHEREAS, Cibolo Creek Municipal. Authority (CCMA), the operator of the current Woman Hollering Treatment Plant has determined that engineering costs, site preparation and other improvements will cost $487,848; and WHEREAS, CCMA is willing and prepared to conduct all necessary preparatory work for this installation in exchange for the City of Schertz reimbursing all costs incurred from this work; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to engage CCMA to proceed with the site work and improvements necessary with a not to exceed amount of $487,848. 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 8th day of May, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50448599.1 A -1 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 Department: Engineering Subject: Resolution 18 -R -56 — Consideration and/or action approving a resolution releasing and terminating a sanitary sewer easement on Lot 2, Block l l of the Verde Enterprise Business Park, Unit 1.4A Subdivision BACKGROUND City Staff received a request form the property owner of Lot 2, Block 11 of the Verde Enterprise Business Park, Unit 14A Subdivision to release the sanitary sewer easement that runs across the lot. Originally, this easement was created to provide for a sanitary sewer service line that would provide service to potential subdivision development in the area in 1982. Since then, the area has been formally subdivided and some lots have been developed. The actual development that has occurred in the area has not been dependent on this sanitary sewer easement as originally anticipated. The property owner of this lot also owns the adjacent lot and is currently re- platting both lots into a single, larger lot to facilitate their planned development. The easement and corresponding sewer line is in conflict with some of their planned construction and is not needed to provide sewer service for the planned development. Access to the public sanitary sewer system is available from other locations to provide service to the planned new development and to other properties in the area. Engineering Staff has reviewed the easement and corresponding pipe and determined that the pipe is unused and consists of an outdate material. Further analysis has determined that the pipe and easement could only be used to provide sanitary sewer service to Lot 2, Block 11 of the Verde Enterprise Business Park, Unit 14A Subdivision and the immediately adjacent lot if additional sanitary sewer easements were granted. The easement and corresponding pipe are not need to provide any other sanitary sewer service in the area. Therefore, the easement (and pipe) is no longer needed. Engineering Staff has also confirmed that the downstream end of the pipe in the easement has been disconnected and adequately plugged from the adjacent public sanitary sewer system. The goal of this resolution is to release and terminate the sanitary sewer easement that is located across Lot 2, Block 11 of the Verde Enterprise Business Park, Unit 14A 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. The release of the sanitary sewer easement will allow the property owner to develop the property as they wish, while not causing an adverse impact to the public sanitary sewer system in the area. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 18 -R -56 authorizing the release and termination of the sanitary sewer easement across Lot 2, :Block 1.1 of the Verde Enterprise Business :Park, Unit 1.4A Subdivision will remove an encumbrance and provide the affected property owner the ability to develop the property as they wish. FISCAL IMPACT H ATTACHMENTS Resolution 18 -R -56 Release and Termination of Sanitary Sewer Easement RESOLUTION NO. 18 -R -56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELEASING AND TERMINATING A SANITARY SEWER EASEMENT ON LOT 2, BLOCK 11 OF THE VERDE ENTERPRISE BUSINESS PARK UNIT 14 -A SUBDIVISION; AND OTHERS MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz, Texas (hereinafter the "City "), received an easement from Morton Southwest as a sanitary sewer easement, across the Grantor's property, and said easement was established by easement document and recorded in the Public Records of Guadalupe County on May 28, 1982 as Volume 640, page 769 (hereinafter the "Easement "); and WHEREAS, the Engineering Department has reviewed the easement and determined that the easement is no longer necessary due to the property having access to sewer service via other locations; and WHEREAS, the property is currently under development to construct sanitary sewer service laterals that connect to other parts of the existing public sanitary sewer system; and WHEREAS, there would be no adverse impact to sewer service in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, a copy of the Release and Termination of Public Sanitary Sewer Easement Instrument, which provides a more particular description of the Easement is shown in Exhibit "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the recitals contained in the preamble hereto 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 2. That the City Council finds that such release and termination of the sanitary sewer easement as requested will cause no harm or injury to the City of Schertz or its citizens, said Easement is not needed for public purposes and it is in the public interest to release and terminate said Easement. Section 3. That the Easement as depicted in Exhibit "A ", is hereby released and terminated insofar as the right, title or easement of the public is concerned and shall only extend to the public right, title and easement that the City may legally and lawfully abandon. Section 4. That the City Manager is hereby authorized to execute a release and termination of the sanitary sewer easement in substantially the same form as set out in Exhibit "A ", and such other instruments and documents that are reasonably necessary to effectuate the purpose of this Resolution. Section 5. 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 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this 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 8. 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 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2018. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 EXHIBIT A 50077397.1 A- �. RELEASE AND TERMINATION OF SANITARY SEWER LINE EASEMENT THE STATE OF TEXAS § COUNTY OF COMAL § WHEREAS, the City of Schertz, Texas, (hereinafter the "City "), received an Easement from Morton Southwest, as a sewer line easement, across the Grantor's Property, and said Easement was established by instrument and was recorded in the Comal County Official Public Records on May 28, 1982, as Volume 640, Pages 769 -772 (hereinafter the "Easement "); and WHEREAS, The Engineering Department has reviewed the Easement and has determined that the Easement is no longer necessary since the existing sewer line has been abandoned; and WHEREAS, There would be no adverse impact to the sanitary sewer main in this area if the Easement is released; and WHEREAS, the City has determined that the Easement is no longer necessary as it relates to the Property; and WHEREAS, the City desires to terminate and grant a release of the Easement; and WHEREAS, A more particular description of the Easement is shown in Attachment "A" attached hereto and incorporated herein for all purposes and has authorized such termination and release. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the benefit of all present and future owners of the Property, or any portion thereof, the City has RELEASED AND TERMINATED and, by these presents, does RELEASE AND TERMINATE the Easement attached hereto as Attachment "A ". It is expressly agreed and understood that this is a release of only said Easement and that this release does not release, affect or impair any other remaining easements as they may relate to the Property or any real property which is not included within the Property. By execution hereof, the City confirms and acknowledges the Easement as recorded in the Comal County Official Public Records, Volume 640, Pages 769 -772, and attached hereto as Attachment "A" will be of no further force or effect. EXECUTED TO BE EFFECTIVE the ATTEST: Brenda Dennis, City Secretary THE STATE OF TEXAS § COUNTY OF COMAL § day of , 2018. CITY OF SCHERTZ, TEXAS Brian James, Acting City Manager BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Brian James, Acting City Manager of the City of Schertz, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _day of , 2018. [Seal] Notary Public in and for the State of Texas My Commission Expires: City of Schertz, Texas Attn: Planning & Community Development 1400 Schertz :Parkway, Building 1 Schertz, TX 78154 x ATTACHMENT A MORTON SOUTHWEST TO CITY OF SCHERTZ SEWER LINE EASEMENT YL, 640 rnE 769 STATE OF TEXAS I 3119 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR) That the undersigned, Morton Southwest, Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable consideration to it, in hand paid, and for and in consideration of the benefits accruing to it by reason of the construction by the CITY OF SCHERTZ, TEXAS, of a sanitary sewer outfall line in, upon, over and across its property, more particularly described below, hereby dedicates to the CITY OF SCHERTZ, TEXAS, Grantee, an easement.and right -of -way of twenty -five feet (251) in width for a sanitary sewer line with all the necessary laterals or appurtenances thereto, over, across, under and upon the following described property located in Guadalupe and Comal Counties, Texas (hereinafter the "Property "), to- wit: 1.790 acres (77,964 sq. ft,) of land out of the Morton Southwest 55.711 acre tract of land recorded in Volume 6,32, Page 39, of the Guadalupe County Deed records; and Volume 319, Page 841, of the Comal County Deed records; BEGINNING: For reference at a fence post near the northwest corner of the above- mentioned Morton Southwest 55.711 acre tract; THENCE: Northeasterly 317.45 feet, along the northwest property line of said Morton Southwest 55.711 acre tract, to the northwest corner and the point of beginning of the herein described 1.790 acre easement; THENCE: Continuing along the northwest property line of said Morton Southwest tract N 56 °16'40" E, 25.01 feet, to the northwest corner of herein described easement; THENCE: S 33 °47137" E, 2,272.50 feet; S 44 °01'29" E, 376.55 feet; and S 33 °47'37" E, 469.80 feet; to the southeast corner of the herein described easement, said corner being in the north line of a 60 foot road as platted in the Subdivision Plat of Beacon Circle East Subdivision, Unit 1; THENCE: S 55 °35'30" W, 25.72 feet, along the north line of said 60 foot road, to the southwest corner of the herein described easement; THENCE: N 14 °54'43" w, 2.22 feet; N 33 °47'37" w, 464.73 feet; N 44 °01'29" 41, 376.55 feet; and N 33 °47'37" W, 2,274.77 feet, to the point of beginning,and containing 1.790 acres (77,964 sq. ft.) of land more or less. I r tvL 1 l V together with a right of ingress and egress over said right - of -way for the purpose of constructing and reconstructing said sanitary sewer line for the transportation and treatment of domestic, municipal and industrial sewage and sludge; inspecting, patrolling, maintaining and removing said sewer line and appurtenances thereto; the right to relocate said sewer line within said right -of -way, the right to remove from said Property, described above, all trees and parts thereof, or other obstructions, which may interfere with the exercise . of the rights hereby granted hereunder, and Grantor expressly covenants and agrees for itself, its successors and assigns, that no building or obstruction of any kind will be placed on said easement right -of -way herein granted. This easement will be used for any and all things reasonably necessary for the construction, operation and maintenance of the aforesaid sanitary sewer line. A. Grantee expressly agrees that upon completion of construction of said sewer line it will remove from the Property described above, all surplus material and will generally cause said property to be left, as nearly as possible, in the condition as it existed prior to the construction of said sanitary sewer line. B. Temporary fences shall be maintained by Grantee during construction and upon completion of construction any fences of Grantor damaged or removed shall be replaced by Grantee, at its sole cost and expense. C. There is reserved to-the Grantor, Grantor's successors and assigns, . the right and privilege to use the above described Property of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment of the Grantee, its successors and assigns, of the rights and privileges herein granted. ! D. The rights and privileges `3 herein granted are subject to all easements# rights -of -way, mineral reservations or other rights now outstanding in third parties. 2 C - 640 .1,ou 771 For the same consideration, said Grantor does further grant unto Grantee a Temporary Construction Easement fifty feet (501) in width abutting the above described Property (along either side as selected by Grantee by written notice to Grantor) for the purpose of using said Temporary Construction Easement for the construction of said sanitary sewer line to be placed within the heretofore described Property. The CITY OF SCHERTZ, TEXAS expressly agrees that it will remove from said Temporary Construction Easement all surplus material and said CITY OF SCHERTZ, TEXAS will cause the property comprising the Temporary Construction Easement to be left as nearly as possible in the condition as it existed prior to the construction of said sanitary sewer line. This temporary construction easement shall expire at the completion of the construction of the aforesaid sanitary sewer line. TO HAVE AND TO HOLD the above described easement and rights unto the CITY OF SCHERTZ, TEXAS, its successors and assigns, for the uses and purposes above set forth, until the use of said right -of -way for a sewer line shall be abandoned by the Grantee. The undersigned does hereby bind itself, its successors, legal representatives and/or assigns to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the CITY OF SCHERTZ, TEXAS, its successors and assigns, and against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS MY HAND this � day of =r, 1982. MORTON-SOUTHWEST By: Cliff Morton 3 STATE OF TEXAS I COUNTY OF BEXARI BEFORE me, the undersigned authority, on this day personally appeared jCliff Morton _' known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GI EN under my ban and seal of office this % day of , 1982. , »a.. >..,;, :•. Notary Public in and foi;•�%, �• v„ The State of Texas ',� • . My commission expires,G4 THE STATE OF TEXAS I, FRANK SCHMIDT, Clerk of the County Court in County of Guadalupe i and for said County, do hereby certify that the foregoing instrument of writing dated the......day of with its certificates of authentication, was filed for Record in my office the......._o�:� =`. ".:day - .off..;:. 2��...._.. 19 � . at......,3�.._.. _....__.._ _.o'clock......_.M., and duty of� i9g�r. at. .....O'clock. ...M.. in............ recorded the..�.�}.� ..day . r._ --- ....... ..... °on P s --.16� .....DEED_.:. Reco aof s ii County in Vol......�t4�. a e ��. g WITNESS my hand rte • al of the County Court of said County, at office in Seguin, Texas; h day ari year written a e. the y O y FRANK By._. SCHMIDT, Clerk M -.... Deputy County Court, Guadalupe County. 0111 &WOL11"LlusINU 10I01 [o7 710 Rod 1 City Council Meeting: May 8, 2018 Department: City Manager's Office Workshop No. 1. Subject: Workshop Item — Discussion regarding short-term space needs for personnel work space amongst various City buildings BACKGROUND At the City Council pre - budget retreat on March 23, 2018, City Staff presented the recently completed Facility Master Plan. In that plan, one of the key points was that City facilities are pretty much out of office space in the buildings we are currently utilizing. Staff reviewed suggestions from the Facility Master Plan and other opportunities for finding some short-term space to allow for future hiring, better working conditions for some staff and more efficient space usage. City Council asked Staff to review these opportunities in detail and to bring Staff's recommendations back to Council with the best options for increasing available workspace in the short term. Staff has four options that it would like to discuss with City Council to see if we can reach consensus on the best option or options to move forward. Option 1 is to update the seating in the City Council Chambers to allow multiple uses of the chambers such as Municipal Court, other Boards and Commissions and employee training and education. Option 2 is to remodel and utilize 27 Commercial Place for the Fleet and Facility Department. This would dramatically improve operations for fleet, provide office space for facilities and free up space in Building 1 at 10 Commercial Place for the Streets and Drainage Departments as well as more Parks Office Space. Option 3 is to utilize fully 11 Commercial Place. This building, purchased at the same time as 27 Commercial Place is currently used for the storage of PD equipment, evidence and vehicles. The front office space of the building would be appropriate as office space for the Parks and Rec Department which would then free up additional space in Building 1 at 10 Commercial Space. This would relieve tremendous congestion with Public Works and Engineering overall. Option 4 is to partner with Guadalupe County on the remodel of Riedel's Furniture Building on F.M. 78. Guadalupe County has offered us two options in this building. First is to move our entire Municipal Court to Riedel's. The second option is to develop part of the building into a joint -use Emergency Operations Center (EOC) that would allow Schertz, Cibolo, Guadalupe County and other stakeholders and community partners the ability to all be in the same facility during times of disaster. Workshop No. 2 M V &WOL11"Llus I NiVA 10101 to] 'L7,110 Rod City Council Meeting: May 8, 2018 Department: Human Resources Subject: Workshop Item — Discussion regarding updated and new HR Policies and Guidelines BACKGROUND Due to some recent incidents and questions from Council, staff is reviewing several current City policies, specifically related to employee resignations, filling position vacancies and promotions. These questions also led Staff to begin discussions on other related topics including determination of salaries and the use of terminal leave (final leave consisting of accumulated vacation leave requested to be used by an employee just prior to separation from the City). All of these questions have prompted Human Resources and City Management to review our current polices, as well as conduct comparative studies to see how our benchmark cities are handling some of these issues. Staff has completed most of the preliminary work and are now in the early stages of the policy development process where we seek direction and/or input from Council as we begin drafting and vetting final policy language. As a part of this process, staff will make a presentation to include a synopsis of each policy that clearly outlines the scope of the current policy, problem definition, benchmarking, and some key decision points to discuss with Council. The proposed policies we will be discussing with Council include: Separation Includes resignation, retirement, layoff, dismissal or discharge, administrative termination, abandonment of employment, or death. The goal is to define procedures for withdrawal of resignations, having employees work through their 2-week notice versus immediate dismissal upon resignation notice, and the use of terminal leave. Salary Determination Current policy language provides minimal guidance on setting appropriate salaries for new hires and promotions. The goal is to establish a policy that creates consistency and equity with guidelines staff can use to establish starting pay for employees upon hire/promotion. Position Vacancies Current policy language is very vague and provides no guidance on how to determine if an open position should be filled internally or externally, and the procedures for promotion or placement in a position. The goal is to establish parameters that clearly outline the most appropriate method to fill a position vacancy. CITY COUNCIL WORKSESSION MEMORANDUM Workshop No. 3 City Council Meeting: May 8, 2018 Department: Finance Subject: Worksession Discussion Anticipated Bond Issuance Staff developed a bond issuance plan in 2015 . to estimate how much debt the City can issue each year while maintaining a steady tax rate and keeping the total issuance amount to less than $10 million per to get a better interest rate. To date the City has kept to this model and has been able to reduce the debt rate over this time period while issuing the recommended debt amounts. Projects having received funding include roadway rehabilitation projects citywide, Schertz Parkway improvements, park facility maintenance, trail improvements and additions, replacement of the windows in the Recreation Center, the Senior Center remodel, Fire Station 2 repairs, other minor building repairs, construction of Fire Station 3, and the purchase of Fire Engine 3. General Fund projects assigned to the bonding plan that are proposed for funding through an issuance this summer include additional roadway rehabilitation projects, additional parks maintenance and trail enhancements, Pickrell Park Pool repairs, Recreation Center bathroom reconstruction, security badge upgrades in all city buildings, remodel of the new fleet building on commercial place, additional building maintenance and repairs, and potentially the purchase of a reserve fire engine. Also proposed is debt issuance in the Water and Sewer Fund for installing loop lines in 2 locations to provide continuous service if a water main breaks and relocating utility lines of FM 1103 so the road can be expanded as identified in the FY 2017 -18 Budget presentation. A new item recently brought to council that would also receive funding is an amount to replace and upgrade the City's water meter reading system. Total proposed funding amount for this next issuance is expected to be around $10.5 million. Half would be funded by the General. Fund debt tax rate while the other half would be funded from utility fees. Debt issuances were also built into the current utility rate plan and was part of the schedule of fee increases presented to council during the fee and budget process. The city can issue General Obligation (GO) bonds or issue Certificate of Obligation (CO) bonds. GO bonds are either voter approved through an election or to refund or refinance any other city debt. CO bonds can be issued without voter approval by city council but must follow a longer issuance process which allows for a petition for an election on the issuance. The bonds that are proposed for 2018 will all be CO bonds. On May 22,d, council will be asked to issue a notice of intent which is the first step in issuing CO bonds. This notice will let the citizens know of the upcoming bonds and they will then have the opportunity to petition and force the bond proposal to go to a vote and become GO bonds. After the notice is published council must wait 45 days to see if the petition is filed before the City can sell the debt. If no petition is received the City will look to approve the sale in mid July and receive the funds in early August. GO bonds require no notice to be issued before there are sold since the voters already pre- approved them at a prior election. GO bonds can be issued for any project or expense approved by voters during an election. CO bonds can be issued if project costs of a GO bond are higher than expected and need additional funding. They can also be issued for any public project regardless of previous GO funding. CO bonds can typically be issued faster and cheaper than GO voter approved bonds since they don't have to wait for an election and bear the cost of an election. This makes them more flexible and can be issued more quickly to deal with immediate need. However, if a project was proposed as a GO bond and was voted down in an election, CO bonds cannot be issued for that same project for 2 years. Included in the current General Fund bonding plan are many building maintenance projects and regular street maintenance items. Both can be considered regular General Fund items that can be funding by the Maintenance and Operations tax rate through the annual budget allocation process and not through debt issuances. The past few years the city had been taking advantage of low borrowing costs to issue debt for these types of projects while the General Fund focused on building up the fund balance. Now the fund balance is at an approved level, staff is generating long term project lists for building and street maintenance that will be proposed to be funded more though annual funding in the General Fund budget instead of by debt issuances. This funding source change will be discussed further during the upcoming FY 2018 -19 Budget meetings. CITY COUNCIL MEMORANDUM City Council Meeting: May 8, 2018 . Department: Subject: BACKGROUND EMS EMS Fee Schedule Review Agenda No. 8A1 Staff is presenting the EMS fees as a written update only, unless a Councilmember requests it be presented as a work session item. Schertz EMS is an enterprise fund within the City of Schertz. To maintain operating expenses, the EMS Department charges a fee for ambulance transportation. Our Billing Department will work with our customers to bill medical insurance, auto insurance or worker's compensation insurance. In March of 2013, on the recommendation of City Council, an EMS consulting firm, Fitch and Associates, Inc. reviewed the EMS Department to do an independent review on EMS operations. The Consultants recommended an increase in ambulance fees to be in -line with industry standards. Those increases were implemented for the 2013/2014 Fiscal. Year. The fees have not increased since. We are above average of other surrounding Cities for BLS Emergency transports, at the average for ALS 1 (paramedic level care) Emergency transports and below the average for ALS 2 (specific paramedic procedures) Emergency transports. It is important to note that most of the surrounding Cities itemize their ambulance fees (bill separately for equipment /supplies used. i.e. Oxygen, IV supplies, Medications, etc.) Per Capita fees for the Cities we serve (along with the Guadalupe County contract) account for approximately 25% of our operating costs. The per capita fees is paid based on the City's population and is currently $14.45 per person for every city in our system. Although this fee raises regularly based on an inter -local agreement with the cities we serve it is significantly lower compared to other surrounding Cities when their budgets are evaluated on the Per Capita model. Other fees EMS charges include our standby fees for having an ambulance and /or gator for special events. We cover almost 100 events annually to include football games for SCUCISD, Marion ISD and Randolph Field ISD. Our EMT class fees were recently increased from $1,000 to $1,100 due to an increase in textbook costs. Approximately 90 students attend our course annually. Our Passport to Care fees have not increased since its inception. Passport to Care allows those who plan ahead to have no out of pocket costs if their insurance provider deems the ambulance transport as medically necessary. If the Passport to Care member does not have insurance or the transport was not medically necessary, their ambulance bill is reduced by 50 %. ATTACHMENT EMS Fees Presentation 0111 &WOL11"LlusIaU 1 DIU [o7 710 Rod 1 City Council Meeting: May 8, 2018 Department: City Manager's Office Agenda No. 8 -B1 Subject: Workshop Item — Update on Large Repairs and CIP Projects BACKGROUND At the City Council pre- budget retreat on March 23, 2018, City Staff provided an update on current spending and commitments with the 2017 CO bonds and during staff updates, proposed spending priorities for a 2018 CO bond issuance. Staff told Council that they would provide a further update regarding the status of current projects and priorities for the 2018 bonds. The attached presentation begins with a review of the 2017 bond issuance. Items included in the 2017 bond issuance were $2.9M for Schertz Parkway and other roadway repairs and reconstruction projects, $650K for repairs and remodel of Fire Station 2 and the Senior Center, $300K for Parks Trails and Maintenance, $950K for Fire Engine 3, $250K for Building repairs and $4M of GO bonds for Fire Station 3. With our long -range forecast for budgets and bonding, we have the capacity for $5M in 2018. Of this amount, staff is recommending the following projects: - $1.6M for the next phase of road repairs - $1 OOK for Parks Trails and Maintenance - $1.75M for the remodel of 27 Commercial Place as space for our fleet and facilities staff - Approximately $1.05M for high priority building repairs - Approximately $500K of remaining capacity still to be allocated to any specific project or area The presentation goes on to explain the four building repair projects staff is moving forward with currently. This includes repairs to the interior of Fire Station 2 (discovered during outside waterproofing), roof replacements on six structures, replacing the security gate to the emergency services complex and reimbursing the General Fund for an emergency repair to the building access system in Building 2, Administration. Lastly, we lay out the list of high priority building repairs that are proposed be accomplished with the 2018 CO bonds. These include the refurbishment of the Rec Center restrooms (YMCA), electrical repairs and upgrades to the Pickrell Park Pool, upgrading the badge access system city -wide and to upgrade Building 1 and Building 2 to be compliant with the American's with Disabilities Act requirements for access. We have pricing on all but the ADA requirements, and we estimate that to be between $100K and $150K. Agenda No. 8 -C 1. 0111 &WOL11"LlusIaU 1 DIU [o7 710 Rod 1 City Council Meeting: May 8, 2018 Department: Subject: Human Resources Informational Item — Update regarding seeking proposals for Employee Benefit Brokerage Services Over ten years ago, the City began using a broker services for the day -to -day management of employee benefits. This allowed for more responsive customer service for the employees than staff could provide at that time. Additionally, the broker was much more experienced and capable of negotiating pricing on employee benefits, specifically health insurance which has kept our insurance premiums as low as possible. As with all long -term vendors, it is necessary from time to time to go to the market to insure that the City is continuing to get the most value for the cost spent. The last time we looked at the benefit brokerage market was in 2012. After a review at that time, the City chose to stay with the same broker, Barnard - Donegan Insurance of Seguin. It has now been in excess of five years so Human Resources is preparing to seek proposals from benefit brokers in the next few weeks. Staff wanted Council to be aware of this activity in case anyone reached out to you during this process that you would not engage them in conversation in order to keep the process clean and free of accusations of inappropriate contact or influence. Staff will keep Council updated as this process progresses. At the end of the process, City Council will be brought the results of the request for proposals and Council will authorize the selection of the broker that provides the greatest value for the City.