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01-06-2015 Agenda with BackupMEETING AGENDA City Council CITY COUNCIL January 6, 2015 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. 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 01 -06 -2015 Council Agenda officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion and/or possible action regarding the City Council's Code of Conduct and Procedure, and Code of Ethics. (Mayor /Council) 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 the Regular Meeting of December 16, 2014. (J. Kessel /B. Dennis) 2. Ordinance No. 14 -S -50 — Consideration and/or action on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (Final Reading) (B. James /B. Cox) Discussion and Action Items 3. Resolution No. 15 -R -01 — Consideration and/or action approving a Resolution authorizing a modification to the existing Construction Contract for the Renovation of the Existing Soccer Fields and Construction of a New Concession building and Parking Lots and Associated Support Systems. (J. KesselB. James/P. Gaudreau) PH 4. Ordinance No. 15 -A -01 - Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Reading Hearing) (B. James /L. Wood) PH 5. Ordinance No. 15 -S -02 — Conduct a Public Hearing and consideration and/or action approving an Ordinance on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (First Reading) (B. James /L. Wood) 6. Ordinance No. 15 -T -03 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase One of the Master Communications Plan, Improvements to the City Network Infrastructure. (First Reading) (B. James /M. Clauser) 01 -06 -2015 City Council Agenda Page - 2 - 7. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel /Council) Roll Call Vote Confirmation Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 31 st DAY OF DECEMBER, 2014 AT 11:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grewda �eww�s Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: 01 -06 -2015 City Council Agenda Page - 3 - This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro -Tem John — Place 3 Lone Star Rail District Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 01 -06 -2015 City Council Agenda Page - 4 - Workshop CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Mayor /Council Subject: Discussion regarding Council Rules of Conduct and Procedure and City Council Code of Ethics BACKGROUND Mayor and Council requested this item be placed on this agenda for discussion and possible action at their meeting of December 16, 2014. FISCAL IMPACT None RECOMMENDATION Council to discuss and act if necessary. ATTACHMENT Council Code of Conduct and Procedure City Council Code of Ethics CITY pF m ry UR�'UxA'Pk•V � City Council Code of Ethics 12 -09 -14 Final Introduction The City Council Code of Ethics (the "Codes ") applies only to the members of the City Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore, all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council members, who must follow the content of the Codes as well as the spirit. It is the policy of the City Council that all of its members shall abide by federal and state law. It is also the policy of the City Council that all of its members shall abide by the provisions set forth in the City Charter and all City ordinances and policies, including the Codes. Purpose By adopting these Codes, Council members commit to: • transparent and accountable governance; • honest, fair and respectful dealings with fellow Council members, City staff, and the wider community; and • working together to deliver the best outcomes for the long -term interests of the City. These standards, together with the ongoing requirement for Council members to abide by Council policies, as they change from time to time, will ensure that public trust and confidence in the City Council is enhanced. Limitations The Codes are intended to support, explain or otherwise clarify the articles set forth in the City Charter or to exercise the specific right given to the City Council in the City Charter in Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers. Nothing in the Codes is intended to contradict or supersede the City Charter or state law. Procedure 1. Council Member and Board. Committee or Commission Member Interactions a. City boards, committees and commissions are formed in order to provide independent recommendations to Council and, in the case of some commissions, to conduct hearings in order to make determinations, which may or may not be subject to appeal to the Council. 2. Council Members Serving as Council Liaisons a. A Council liaison is a Council member who is specifically assigned to be the liaison between the City Council and a board, committee or commission. The primary role of the liaison is that of facilitator of communications between the Page 1 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final board, committee or commission and the Council. A Council member who is appointed to sit as a member of a board, committee or commission is not a liaison for purposes of this policy. b. A Council liaison shall facilitate communications between the board, committee or commission and the Council. The liaison should not be an advocate for the board, committee or commission, give direction to a board, committee or commission or influence a decision of a board, committee or commission. The liaison may, however, assist and provide guidance to a board, committee or commission with their work plans or agendas. c. A Council Liaison Acts as the: i. Spokesperson on behalf of the Council when so directed by the Council. ii. Contact person, if the board, committee or commission (or an individual board, committee or commission member) wants such a channel of communication. iii. Council representative present to identify procedural and structural issues relating to the effective functioning of the board, committee or commission for Council. d. Council Liaison Participation Expectations: i. Attendance is discretionary with the Council member. Attendance as a liaison at a board, committee or commission meetings is not required. ii. Liaisons shall have no vote on the board, committee or commission. iii. Liaison attendance at board, committee or commission retreats is discouraged unless attendance is requested by the board, committee or commission. iv. Liaisons do not have a right to be in attendance at board, committee or commission executive sessions and shall abstain from attending such executive sessions unless invited to attend by the collective board, committee or commission. Ethical Conduct Rules 1. Ethical Conduct Rules for all City Council Members a. During City Council meetings, City Council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the City Council. Page 2 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final b. During City Council meetings, a City Council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. c. During City Council meetings, a City Council member desiring to question the administrative staff shall address questions to the City Manager, who shall be entitled either to answer the question(s) or designate a member of City staff. Such designation may occur at any time, including prior to a City Council meeting. City Council members shall not berate nor admonish staff members. d. During City Council meetings, a City Council member, once recognized, shall not be interrupted while speaking unless called to order by the presiding officer, to raise a point of order, procedure or privilege, or unless the speaker chooses to yield to questions from another member. If a City Council member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the City Council. e. During City Council meetings, City Council members shall confine their questions to the particular matters before the assembly, and in debate, shall confine their remarks to the issues before the City Council. f. During City Council meetings, when there is more than one speaker on the same subject, City Council members will delay their comments until after all speakers on the subject have been heard. g. Council members shall clearly state when he /she has been directed by Council to speak on behalf of the City Council at the meeting of any board, committee or commission. All other commentary offered before a board, committee or commission is deemed to be the personal opinion of the Council member. h. Council members shall not speak on behalf of the Council at any place or time unless they have been so directed by the body of the City Council. Any commentary offered at any time, in public or otherwise, is deemed to be the personal opinion of the City Council member speaking. Page 3 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final i. Council members shall not speak to any board, committee or commission member on any matter that may come before the Council in a manner designed to influence the member. j. No Council member shall privately lobby any member outside of the meetings in an attempt to influence his or her individual vote. k. Any Council member who has testified on his or her own behalf or as a witness before a board, committee or commission on any administrative action which then comes to Council is disqualified from participating as a Council member on the matter only if there is a legal conflict of interest. 2. Confidentiality of Information Shared in Executive Session a. Council members shall keep all matters discussed in executive session confidential. b. Any Council member who shares any part or portion of the discussions, discourse, presentations or information heard or presented during an executive session shall be deemed to have violated the Codes. 3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or Staff a. Only the City Council, acting as a body, is permitted to provide direction and instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges) regarding any matter confronting the City, whether policy - related or otherwise. b. No member of Council (specifically including the Mayor, the Mayor Pro -Tern and the individual Council members) shall, at any time, give individual instruction to, attempt to define policy for, or make any demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff. c. No member of Council shall attempt to influence the City Manager, City Secretary, City Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or ordinances. Page 4 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final d. Any member of Council may, of course, at any time, make requests of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information, assistance, or other help as may be necessary, so long as no orders, threats, promises, intimidations, or ultimatums, explicit or implicit, are issued. e. The single exception to this rule is that in times of emergency lawfully declared by the Mayor, the Mayor may act independently as to matters of urgent need until a meeting of the Council, in quorum, can be called. f. Any member of Council giving individual instruction or making a demand of the City Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff, with the exception of times of emergency lawfully declared by the Mayor, during which time the Mayor may act independently until a meeting of the Council, in quorum, can be called, shall be deemed to have violated the Codes. Violations 1. Violation of the Code of Ethics a. Council members are expected to abide by the Codes at all times. b. Any Council member not adhering to the Codes shall be in violation of said Codes. 2. Violations of Provisions of the City Charter a. Council members are expected to abide by the articles set forth in the City Charter. b. Any Council member who acts in violation of or in a manner inconsistent with the provisions of the City Charter shall be deemed to have violated the Codes. Page 5 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final 3. Violations of Law or Policy by Council Members Depending on the circumstances of alleged violations of law or policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. Nothing in this policy shall preclude individual Council members from making public statements regarding such alleged conduct. In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider: a. whether a Council investigation may compromise other investigations regarding the same alleged actions, and, if the actions may result in criminal charges, whether the right of the accused Council member to a fair jury trial may be compromised by proceeding with an investigation; b. if persons involved in the allegations may choose to exercise their constitutional right against self - incrimination, which may limit the investigation's ability to present a full picture of alleged events; and c. how to ensure the protection of rights of those accused of violations of law or policy, those making such accusations, and those who have information regarding the accusations. At any point during any of the processes described in this policy, the Council may refer the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections Commission, or to another law enforcement agency, for investigation. Following such a referral, the Council may proceed with any actions it chooses to take under the provisions of the City Charter. Reporting Violations Any suspected violation or alleged violation by a Council member must be reported to the Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a Council member, the report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor Pro-Tern regarding a report concerning the Mayor) in following the procedures addressing violations or alleged violations. Page 6 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final Procedure for Conducting Inquiries The role of leading an inquiry of any Council member for any violation or alleged violation of this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the next ranking official by seniority and, if approved by Council, an independent attorney or investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any Council member. All Council members who are not the subject of an inquiry have a right to participate in the inquiry process regarding violations or alleged violations and their subsequent enforcement. Any member of the Council who is the subject of an inquiry shall have the ability to provide a written statement responding to the findings of the inquiry. Enforcement of Violations The members of City Council have the obligation to govern themselves responsibly in the enforcement of any violation of this policy. The objective for establishing rules of enforcement pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of enforcement against violations of this policy. As a general matter, enforcement of this policy may be progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make decisions on a case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps listed below, or may choose not to use any step, depending on the circumstances under review. City Council members may take any appropriate disciplinary action including, but not limited to: • Cautioning • Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning is only a verbal reprimand and shall not be recorded. • A cautioning shall only be administered in private by the Mayor with only one (1) member of Council present. If the Mayor is receiving the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1) member of Council present. • Correction o Correction is identified as a verbal reprimand due to multiple policy violations. Page 7 CITY pF m ry UR�'UxA'Pk•V � 12 -09 -14 Final The correction of any Council member, including the Mayor, will not be administered in writing and shall be conducted in accordance with the Open Meetings Act. • A quorum of Council plus one (1), including the corrected Council member, shall be present during the correction of another Council member. • The City Attorney shall be notified of the correction before the correction is administered and the City Attorney shall be present during the administration of the correction. • Censure • The act of placing a Council member under censure is an official and public reprimand of a City Council member by the body of the City Council for multiple and/or serious infractions against the City Council Code of Ethics. Therefore, City Council Members who are placed under censure are considered to be `not in good standing' with the body of the Council. • The censure of any Council member, including the Mayor, shall be administered in writing. • Censure may last up to sixty (60) days or as appropriately defined by City Council on a case by case basis. • At the end of the censure period, the censure has expired and shall not be extended. • A Council member placed under censure may return to a good standing status once their censure period has ended. • The body of the City Council may determine to end the censure period of a Council member prior to the conclusion of said period at their discretion. • All censure hearings shall be conducted in accordance with the Open Meetings Act. • Because censures are administered in writing, a censure must be publicly voted on in open session of City Council. The censure of any Council member must be passed by a 2/3 supermajority vote. Page 8 CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these "Rules ") are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well -being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions don't look for hidden agendas. • Observe the City's written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that "majority rules ". Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10 -28 -2014 TABLE OF CONTENTS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 Page ARTICLE 1. AUTHORITY 1.1 City Charter ......................................................................................... ............................... 1 1.2 Effective Date; Amendment ............................................................... ............................... 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public .......................................................................... ............................... 1 2.2 Quorum ............................................................................................... ............................... 1 2.3 Minutes of Meetings ........................................................................... ............................... 1 2.4 Questions to Contain One Subject ...................................................... ............................... 1 2.5 Right to the Floor ................................................................................ ............................... 1 2.6 City Manager ...................................................................................... ............................... 1 2.7 City Attorney ...................................................................................... ............................... 2 2.8 City Secretary ...................................................................................... ............................... 2 2.9 Officers and Employees ...................................................................... ............................... 2 2.10 Rules of Order ..................................................................................... ............................... 2 2.11 Suspension of Rules ............................................................................ ............................... 2 2.12 Amendment to Rules ........................................................................... ............................... 2 2.13 Matters Not Addressed by Rules ........................................................ ............................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ................................................................................ ............................... 2 3.2 Special Meetings ................................................................................. ............................... 2 3.3 Recessed Meetings .............................................................................. ............................... 2 3.4 Adjourned Meetings ............................................................................ ............................... 2 3.5 Executive Sessions .............................................................................. ............................... 2 3.6 Emergency Meetings .......................................................................... ............................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................... ..............................3 4.2 Call to Order ....................................................................................... ............................... 3 4.3 Preservation of Order .......................................................................... ............................... 3 4.4 Rulings by Presiding Officer .............................................................. ............................... 3 4.5 Questions to be Stated ......................................................................... ............................... 3 4.6 Substitution of Mayor ......................................................................... ............................... 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ................................ ............................... 3 5.2 Appointment Procedure for a Councilmember ................................... ............................... 4 10 -28 -2014 1 TABLE OF CONTENTS (continued) 9.1 Page 9.2 ARTICLE 6. 8 9.3 ORDER OF BUSINESS 8 6.1 Agenda ................................................................................................ ............................... 5 6.2 Communication to Mayor and Council ............................................... ............................... 5 6.3 Approval of Minutes ........................................................................... ............................... 6 6.4 Presentations by Members of Council ................................................ ............................... 6 6.5 Consent Agenda .................................................................................. ............................... 6 9.9 ARTICLE 7. 10 9.10 CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 10 7.1 Printed, Typewritten, or Electronic Form ........................................... ............................... 6 7.2 City Manager Review ......................................................................... ............................... 6 7.3 City Attorney to Approve ................................................................... ............................... 6 7.4 Funding ............................................................................................... ............................... 6 7.5 Reading of Caption Only .................................................................... ............................... 6 7.6 Ordinances -Two Readings; Emergencies ........................................ ............................... 6 7.7 Recording of Votes ............................................................................. ............................... 7 7.8 Vote Required ..................................................................................... ............................... 7 7.9 Tie Vote .............................................................................................. ............................... 7 7.10 Numbering Ordinances and Resolutions ............................................ ............................... 7 7.11 Ordinance Passage Procedure ............................................................. ............................... 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ........................................................ ............................... 7 8.2 Order ................................................................................................... ............................... 7 8.3 Presiding Officer ................................................................................. ............................... 7 8.4 Improper References to be Avoided ................................................... ............................... 8 8.5 Interruptions ........................................................................................ ............................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions ............................................................................................... ............................... 8 9.2 Debate ................................................................................................. ............................... 8 9.3 Motion Procedures .............................................................................. ............................... 8 9.4 Point of Privilege ................................................................................ ............................... 9 9.5 Point of Procedure or Order ................................................................ ............................... 9 9.6 To Appeal a Ruling ............................................................................. ............................... 9 9.7 To Recess ................................................................................... ............................... 9 & 10 9.8 To Withdraw ..................................................................................... ............................... 10 9.9 To Postpone or Extend ...................................................................... ............................... 10 9.10 To Refer ............................................................................................ ............................... 10 9.11 To Amend ......................................................................................... ............................... 10 9.12 To Limit or Close Debate or "Call the Question" ............................. ............................... 10 9.13 To Count the Vote ............................................................................. ............................... 11 9.14 To Take Action or Reconsider an Action; Main Motions ................ ............................... 11 10 -28 -2014 11 TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion ..................................................... ............................... 11 9.16 To Take Action; Main Motions ........................................................ ............................... 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning ............................................................................................... .............................12 10.2 Removal .............................................................................................. .............................12 10.3 Resisting Removal ............................................................................ ............................... 12 10.4 Motions to Enforce ........................................................................... ............................... 12 10.5 Adjournment ..................................................................................... ............................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ........................................................................ ............................... 12 11.2 Special Committees ................................................................. ............................... 12 & 13 ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council ..................................................................... ............................... 13 12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13 12.3 Personal and Slanderous Remarks .................................................... ............................... 13 12.4 Public Hearings ................................................................................. ............................... 13 12.5 Written Communications .................................................................. ............................... 13 12.6 Hearing of Residents ......................................................................... ............................... 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information ............................................... ............................... 14 13.2 City Manager's Responses to Requests ............................................ ............................... 14 13.3 Directions to City Manager ............................................................... ............................... 15 13.4 City Manager's Duty to Inform ........................................................ ............................... 15 13.5 Customer Concerns ........................................................................... ............................... 15 13.6 City Manager /Council Relations ....................................................... ............................... 15 10 -28 -2014 111 ARTICLE 1. AUTHORITY 1.1 City Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quo rum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or "certified agenda" of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 10 -28 -2014 1 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employ. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor's absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2 -2. The Council may also hold regularly scheduled meetings which may be designated by the Council as "workshop" sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember's departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 10 -28 -2014 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mao. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the Mayor and the Mayor Pro -Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro -Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members' motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mao. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 10 -28 -2014 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City's website and in the City's newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary's office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. 0) Council reserves the right to alter this procedure at any time by resolution or rule. 10 -28 -2014 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he /she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary's Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 10 -28 -2014 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the "Requests by Mayor and Councilmembers" and "Announcements by Mayor and Councilmembers" portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he /she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non - controversial, the City Secretary shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of f Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances —Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 10 -28 -2014 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro -Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro -Tem, or in his /her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tern or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 10 -28 -2014 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A "Second" to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not "Second" a motion. A motion or a "Second" merely implies that the maker of the motion and the person who "Seconds" agree that the motion should come before the meeting and not that he /she necessarily favors the motion. Without a "Second ", if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type) *. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 10 -28 -2014 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or "call the question" no yes yes yes no no yes 10. to extend debate no I yes yes yes 1 no yes no 11. to count the vote no yes no no sy no no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes * ** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember's convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer's ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. Mandatory if seconded; no vote required 10 -28 -2014 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his /her proposal. This is the maker's privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or "Call the Question". Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer's determination. A motion to close debate is the same as a motion to "call the question ". Because this motion affects the most fundamental right of any Councilmember, the right to speak one's views, it is the only procedural motion that requires an affirmative vote of two - thirds of participants voting. 10 -28 -2014 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result —and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two - thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 10 -28 -2014 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant -at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant -at -arms to remove such person. 10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant -at -arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his /her position on the Council, he /she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a "mission statement" directing its 10 -28 -2014 12 activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS' RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his /her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers' right to appeal the presiding officer's ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City's business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10 -28 -2014 13 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled "Hearing of Residents ". After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the "Hearing of Residents" form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for "Hearing of Residents" must speak during the "Hearing of Residents" portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff's time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager's Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember's requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council's will with regard to the individual Councilmember's request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10 -28 -2014 14 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager's Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager /Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City's best interest. (d) Include the Council in City- sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. Amended: November 12, 2014 10 -28 -2014 15 Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on December 16, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of December 16, 2014. ATTACHMENT Minutes — regular meeting December 16, 2014 MINUTES REGULAR MEETING December 16, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 16, 2014, 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 Grumpy Azzoz Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Pro -Tem Daryl John was absent. Call to "rrlor Mayor Carpenter called the meeting to order at E Councilmember Jim Fowler Councilmember Cedric Edwards City Manager John Kessel Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Do . a Schmoekel 11"fle Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Fowler) Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. oe Mayor Carpenter moved to the hearing of residents section of the agenda. Hearing of Residents Mayor Carpenter recognized the following who spoke: I • Lt. Leon Sposari, Schertz Fire Department, came forward and presented Ms. Lori Lynn, San Antonio Chapter MDA with a check in the amount of $10,925.72. He stated the Fire Department raised these funds in support of the MDA program. Ms. Lynn thanked the Mayor, Council and staff for their support. Presentations • Presentation and update regarding the Natatorium Project. (B. James/P. Gaudreau) Owners Representative Phil Gaudreau provided a PowerPoint presentation regarding an update on the Aquatic Facility answering questions from Council. The following information was provided: 12 -09 -2014 Minutes Page - t - Background A Bond was passed in 2010 for the creation of an "enclosed community swimming pool of competitive quality" and for the Playscape in the amount of $6,625,000.00. Additional funds from SCUCISD and the YMCA in the amount of $1,650,000.00 and $2,000,000.00 respectively have been added to the overall budget. An Agreement for Design Services was awarded to Marmon Mok by City Council on July 8, 2014. Current Activities O Continue the meetings with SCUCISD, YMCA, Marmon Mok, Councilman - Hunsaker and the City. O Continue to refine program needs and space requirements. O Review options for the Leisure Pool size, configuration, depth and support requirements. O Verify Executive Summary statements prepared by Councilman - Hunsaker. O Continue to Review and confirm support spaces required for the overall building. O Begin selection of building equipment based on Project requirements. Mr. Gaudreau provided slides on the following: site plan, floor plan, east /north elevations, south/west elevations. Future Activities Isw O Prepare Design development and Construction Documents based on approved Schematic Design program. O Verify spacial requirements and adjacencies through development of Design Development documents. O Prepare initial public information meeting based on City Council Schematic Design approval or direction. Overall Preliminary Schedule O Design Development and Construction Documents timeline is anticipated to be 5 — 6 months. O Construction timeline is anticipated to be 13 — 18 months but cannot be determined until a Construction Manager at Risk (CM @R) is engaged. O The responses to the RFQ for the CM @R are scheduled to be reviewed by the selection committee Wednesday December 17, 2014. O Top two or three respondents will be invited to be interviewed by the committee and provide proposed fees associated with the Project. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Director of Development Services Brian James provided the following information: 12 -09 -2014 Minutes Page - 2 - • Friday, December 19, 2014, Senior Center Luncheon, 11:30 a.m. to 2:00 p.m. • Friday, December 19, 2014, Santa Claus is coming to Schertz Bank & Trust, 519 Main Street, 3:00 p.m. to 5:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel commended the efforts of the Fire Department in regard to collecting donations for MDA. Mr. Kessel also stated that today at the Civic Center Members of Staff and Mayor and Council attended the Retirement celebration for Assistant Chief Glen Outlaw. It was a very well- attended event. Hearing of Residents • Mr. Robert Brockman, 1000 Elbel Road, who requested updated information regarding the failing retaining wall in Woodland Oaks. Mr. Kessel stated that Director of Development Services Brian James would provide updated information. Mr. James came forward and stated that staff is currently looking at the retaining wall and should have some information about the status shortly. • Ms. Maggie Titterington, Schertz Chamber President who provided information on the Chamber's recent and upcoming events. Consent Agenda Items Mayor Carpenter recognized Councilmember Fowler who requested agenda item 4 be removed for separate action. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 5, 2014, and the Regular Meeting of December 9, 2014. (J. Kessel /B. Dennis) 2. Ordinance No. 14 -T -49 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the Park Fund (317) for the Pickrell Park ADA Project in the amount of $32,405.00. (Final Reading) (B. James /K. Woodlee /C. VanZandt) ORDINANCE NO. 14 -T -49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PARK FUND (317) IN THE AMOUNT OF $32,405.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 12 -09 -2014 Minutes Page - 3 - 3. Resolution No. 14 -R -104 — Consideration and/or action approving a Resolution Authorizing an Interlocal Agreement with Comal County Emergency Services District No. 6. (J. Bierschwale /D. Wait) RESOLUTION NO. 14 -R -104 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH COMAL COUNTY EMERGENCY SERVICES DISTRICT NO. 6. AND OTHER MATTERS IN CONNECTION THEREWITH 5. December 23, 2014, December 30, 2014 - Cancellation of December 23, 2014 and December 30, 2014, City Council meetings. (Staff) Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve consent items 1, 2, 3, and 5. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. Discussion and Action Item 4. Resolution No. 14 -R -106 — Consideration and/or action approving a Resolution Creating and Providing 2015 Funding to the Hal Baldwin Scholarship, and appointing members of the 2015 Hal Baldwin Scholarship Committee. (J. Kessel /B. Cantu) .. RESOLUTION NO. 14 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING 2015 FUNDING TO THE HAL BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2015 HAL BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Chief of Staff Bob Cantu who introduced this item stating that the Resolution approves the 2015 Funding and the appointment of the 2015 Hal Baldwin Scholarship Committee. Mr. Cantu stated Staff recommends the following advisory committee be appointed for 2015: Don Taylor, Syd Verinder, Cedric Edwards, Reginna Agee, Michael Spain and Susan Beck. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Resolution No. 14 -R -106. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. Mayor Carpenter moved to agenda item 14. 12 -09 -2014 Minutes Page - 4 - 14. Resolution No. 14 -R -107 — Consideration and/or action approving a Resolution authorizing an Agreement with Schertz Chamber of Commerce. (J. KesselB. Cantu) RESOLUTION NO. 14 -R -107 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH SCHERTZ CHAMBER OF COMMERCE, AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Robin Thompson recused himself and left the dais as he had a conflict of interest with this item as he is employed with the Chamber. OL Mayor Carpenter stated in April of 2010, the City entered into an Agreement with the Schertz Chamber of Commerce and subsequently amended and restated the Agreement in May 2011. The contract has been reviewed by the City Attorney. The contract amount is nearly the same as the previous agreement. Howe , the contract is more clearly structured to properly account for Hotel Occupancy Tax expenditure requirements per the City Attorn 's review. The main service being provided to the City is a Visitor Center and associated services. The cost for this is less than if the City provided those same services with a new employee. Additionally, the Chamber is well suited to provide generally related services such as support and good will for our four hotels and to act as ambassadors as may be needed when visitors come into our city. The secondary products that are being provided are a visitor's guide and area map with attractions. These products are produced at a lower cost than what the city could produce them for as well. The proposed contract provides improved financial safeguards and reporting. For example, the City only pays for services already received under the new contract. Additionally, the contract has built in flexibility to add to or subtract from the services within the five year window, in case the City's needs change over time. Hotel Occupancy Funds are currently budgetedwith an annual impact not to exceed $55, 500 for fiscal year 2014/2015. 1 Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 14 -R -107. The vote was unanimous with Councilmembers Fowler, Azzoz, and Edwards voting yes and no one voting no. Councilmember Thompson had recused himself and did not participate. Mayor Pro -Tem John was absent. Motion passed. Councilmember Robin Thompson returned to the dais. Mayor Carpenter moved to agenda item S. 12 -09 -2014 Minutes Page - 5 - Ordinance No. 14 -S -50 — Conduct a public hearing for consideration and /or action on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (First Reading) (B. James /B. Cox) ORDINANCE NO. 14 -S -50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA). Mayor Carpenter recognized Planner 1 Bryce Cox who introduced this item stating the applicant is proposing to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The subject property is located at 12424 Lower Seguin Road, and is part of a larger 13 acre tract. The applicant has indicated that the primary reason for the proposed rezoning is to construct a single family home on the 2 acres, which is located at the rear of the property. The 2 acre tract is currently undeveloped. The remainder of the 13 acre tract is currently used for a commercial business. r The public hearing notice was published in "Th ODaily Commercial Recorder" on November 24, 2014 and the "Herald" on November 26, 2014. Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 6, 2014. Staff received one (1) response in favor of the request. Staff reviewed the request for conformance with the Comprehensive Land Plan and q P Future Land Use Plan (FLUP). The FLUP designates the subject property as Estate Neighborhood which is defined as Residential Agriculture District (RA) base zoning with single- family residential uses only. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change is consistent with the proposed single - family residential use for Estate Neighborhood. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. The site is adjacent to Lower Seguin Road which is designated as a proposed 60 foot right -of -way on the Master Thoroughfare Plan. 12 -09 -2014 Minutes Page - 6 - • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan and the proposed land use of single family residential. There is no fiscal impact. Mayor Carpenter opened the public hearing, and as no one spoke, closed the public hearing and took questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 14 -5 -50 on first reading. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. Mayor Carpenter moved to agenda item 13. 13. Charter Review Commission Appointment — Discussion and consideration and/or action appointing a Member to the FY 2014/15 Charter Review Commission, filling the vacant position of Mr. Robin Thompson. (B. Dennis /Mayor /Council) Mayor Carpenter stated at the November 18, 2014 City Council meeting Council appointed Mr. Robin Thompson as one of the five (5) citizens to serve on the Charter Review Commission. On December 9, 2014, City Council appointed Mr. Robin Thompson to the vacant Place 5 City Council position. Councilmember Thompson attended the first Charter Review Commission meeting on December 11, 2014, and indicated that it would be appropriate to recuse himself from serving on the Commission and asked that Council consider appointing another citizen to the Commission. The following applications were received during the appropriate time and were not appointed. Each citizen has been contacted and has indicated that they are still willing to serve: Mr. Richard iewit, Mrs. Jana Volitis, Mrs. Betty Sinclair City Council may also submit additional individuals for consideration at this time. After Council has appointed a new Commission Member, a letter will be prepared regarding their appointment with a date and time in which the next meeting will be held. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Edwards to appoint Jana Volitis to the Charter Review Commission. The 12 -09 -2014 Minutes Page - 7 - vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. Mayor Carpenter moved to agenda item 6. 6. Ordinance No. 14 -B -48 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax Notes, Series 2015 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase and Investment letter; complying with the letter of representations previously executed with the depository trust company; authorizing the execution of any necessary engagement agreements with the City's Financial Advisors and/or Bond Counsel; and providing an effective date. First & Final (J. Kessel /M. McLiney /A. Friedman) ORDINANCE NO. 14 -B -48 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 201599, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE Mr. McLiney with Southwest Securities, the City's financial advisor, has been working with City staff to determine the optimum borrowing structure and term to fund the City's purchase of various vehicles and equipment including ambulances. Mr. McLiney conducted a competitive bidding process for potential purchasers to submit their best bid prior to the Council meeting. Mr. McLiney stated the bid was awarded to local Frost Bank with an interest rate of 1.75 %. FISCAL IMPACT The ambulances and equipment will be paid from the EMS Fund, Water & Sewer Fund, Drainage Fund, and General Fund. The debt service for the purchase of the ambulances and equipment was approved in the FY 2014 -15 budget. Mr. McLiney addressed questions from Council. 12 -09 -2014 Minutes Page - 8 - Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler that the City Council adopt an Ordinance authorizing the Issuance of "City of Schertz, Texas Tax Notes, Series 2015 ". The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. Mayor Carpenter moved to agenda item 7. 7. Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (Second Public Hearing) (B. James /L. Wood) Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating in 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal Independent School District. 9r In accordance with Texas Local Government Code (LGC), The City Council will conduct two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. The first reading regarding the ordinance for the petition for annexation will be considered on January 6, 2015 and final reading considered on January 13, 2015. A public hearing notice was published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. '�L -W The subject property, if annexed, will be considered for zoning concurrently with the first and final reading of the Ordinance. The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property in accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are 12 -09 -2014 Minutes Page - 9 - provided to the subject property through Interlocal Agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. Staff will recommend approval of the petition for voluntary annexation. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing. No Action taken. Workshop • Discussion of Building Repair Projects. (B. James /P. Gaudreau) Mayor Carpenter recognized Executive Director of Development Services Brian James who stated that city staff, along with Owner's Representative Phil Gaudreau, have been going through some of the issues we are experiencing at various city buildings. An example is the Recreation Center, where some of the window repair bids came in rather high. Mr. Gaudreau stated that there are three buildings that are the focal point(s): 1) Fire Station No. 2, 2) the Administration Building, and 3) the Recreation Center. The recreation building problems are with the windows (curtain wall glass); Fire Station No. 2 has water penetration at multiple planes and points, which is a shared problem with the Administration Building. The city has engaged OCOR Architects to follow -up on a study that was done last year to identify the cause of these problems. They are a combination of a lack of water proofing behind the stone bands that are common to both buildings. There is also missing flashing in many locations. The architect is recommending the removal of the exterior cladding of each building and rebuilding that system. We need to decide what material to use for this, such as stucco, stone or brick. Plans are currently being developed. Mr. Gaudreau continued by answering specific questions from council. Although this project is still developing, a few cost estimates are: 1) fire station repairs are around $250,000, 2) the administration building is around $300,000, and 3) the recreation center came in around $825,000 (from only one bid, which we already rejected). Mr. Gaudreau stated they are almost two or three months away from having a design solution and at that time they will have much better information. City Manager John Kessel stated it is extremely prudent for us to address this issue to ensure the long term use of these buildings. We will identify the funds and plug this in to our 30 year bond capacity analysis. Mr. James added that they would be coming back in a few weeks to provide council a total `savings' figure regarding all the recent projects Mr. Gaudreau has overseen which includes the soccer fields and animal adoption center. Mayor Carpenter moved to agenda item 9. 9. Resolution No. 14 -R -101— Consideration and/or action approving a Resolution authorizing a modification to the existing Construction Contract for the Renovation of the Existing Soccer Fields and Construction of a New Concession Building and Parking Lots and Associated Support Systems. (J. KesselB. James /P. Gaudreau) 12 -09 -2014 Minutes Page - 10 - RESOLUTION NO. 14 -R -101 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Owners Representative Phil Gaudreau who introduced this item stating this item is to modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,633,519.00 to $3,648,202.87, plus a City controlled contingency of $10,000.00, bringing the not -to- exceed amount to $3,658,202.87. In the initial contract negotiations the electrical transformer was excluded from the Contract and was to be provided and installed by the City. Due to cost savings realized in the course of the project, the transformer was added to the Scope of Work in order to place it under the Contractor's warranty period including installation of the underground wiring. The amount of Change Order Number 005 is the amount required to increase the capacity of the transformer to be capable of supporting any and all future field lighting at the site. The community will benefit from having the ability to install future playing field lighting without having to upgrade or replace or add additional transformers in the future to accept the additional lighting. Reasons for contract modifications are to increase the capacity of the transformer in order to provide electricity for future field lighting. Funds for this will be from the 2010 Bond for the Athletic Fields. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 14 -R -101. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tern John was absent. Motion passed. b 10. Resolution No. 14 -R -102 — Consideration and/or action approving a Resolution authorizing a contract with M2 Federal, Inc., related to the Pickrell Park ADA Walkway Project. (B. James /K. Woodlee /C. VanZandt) RESOLUTION NO. 14 -R -102 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH M2 FEDERAL, INC. RELATED TO THE PICKRELL PARK ADA WALKWAY PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Director of Development Services Brian James and Parks Manager Chuck VanZandt who introduced this item stating the City desires to construct 1,740 linear feet of sidewalk within Pickrell Park, with an emergency vehicle access and 12 -09 -2014 Minutes Page - 11 - a passenger loading area, 80 feet long, off of Aero Avenue, and an emergency vehicle access point at the Poplar Street pavilion. Currently, no sidewalks exist in Pickrell Park. City Council approved an application for a grant from the Community Development Block Grant Program (CDBG) with Bexar County in February 2013 by Resolution 13 -R- 12. Approval of the City -match grant was received on June 24, 2014 in the amount of $61,884. Per requirements of the Grant, the City is required to match 50% of the funds. Four bids were received on November 6, 2014. Review and tabulation of the bids indicate that M2 Federal, Inc. is the low bidder with a Base Bid of $112,594 and Additive Alternate 1 Bid of $23,214 with two irregularities. A clerical error by the bidder in the tabulation of the total cost for the project and some unit prices in figures did not match the written unit price. The revised low bid cost is $121,844 with an Additive Alternate 1 of $23,214. Staff concurs with the recommendation from Ford Engineering, Inc. to hire M2 Federal, Inc. with a base bid of $121,844 and an Additive Alternate #1 of $23,214 for a total construction cost $145,058. A. Pickrell Park ADA Walkwav I Engineering $9,115 Construction $145,058 Legal $500 Advertising $500 Other Prof Services $1,000 Project Total $156,173 CDBG Grant $ 61,884 City Responsibility $94,289 y CDBG requires the City to pay invoices and then submit for reimbursement. The total reimbursement to be received by the CDBG Grant is $61,884. The cost of the project is higher than the 50% match grant from CDBG. The City opted to proceed with Additive Alternate #1 to extend the sidewalk to a wider width. The funds from CDBG will remain the same at $61,884; the City has set aside the matching $61,884 in a project account. The remaining of the monies will be paid from the Parkland Dedication Fund in the amount of $32,405. Staff recommends Council approve hiring M2 Federal, Inc. in the amount of $135,808 for the Pickrell Park ADA Walkway Project. At the December 9 City Council meeting, the possibility of adding a pedestrian bridge over the drainage channel was discussed. Staff is working on a possible submittal for an additional CDBG grant to construct a looped trail on the other side of the drainage channel and will evaluate including a bridge in that submittal. The fact that the park is in the floodplain creates a challenge in constructing structure like a bridge that may make this difficult. 12 -09 -2014 Minutes Page - 12 - FISCAL IMPACT Construction costs total $145,058 with the total cost of the project totaling $156,173. The project was originally to be funded 50% by the CDBG Grant and 50% from the Parkland Dedication Fund. However, due to decision to exercise the Add Alternate #1, the City will be responsible for an amount not to exceed $94,289 to be paid for from the CDBG Matching Grant Project Account and the Parkland Dedication Fund. CDBG will contribute the remaining $61,884. On December 9, 2014 Council approved Ordinance 14 -T -49 allocating the additional $34,405 for the project. Final Reading is scheduled for December 16, 2014. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Azzoz to approve Resolution No. 14 -R -102. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. 11. Resolution No. 14 -R -103 - Consideration and /or action approving a Resolution Approving an Interlocal Agreement between the City of Schertz, Texas and the Schertz- Cibolo- Universal City Independent School District regarding a Roadway and Bridge. (B. James/K. Woodlee /C. VanZandt RESOLUTION NO. 14 -R NTE A RESOLUTION BY THE CITY COUNCIL OF CITY OF SCHERTZ, TEXAS APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A ROADWAY AND VEHICULAR AND PEDESTRIAN BRIDGE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathy Woodlee who introduced this item stating the City and the School District have discussed the need for an additional exit from both the Samuel Clemens Parking Lot and the City Ball Fields Parking Lot. This additional exit is needed for both patrons to sporting events as well as emergency vehicle traffic. An example of this need was experienced on Friday, December 6, during the City's Festival of Angels. The 2010 Bond Proposition 2 provides $6,000,000 for baseball and soccer fields and associated parking, restroom and concession facilities. In order to provide for the required parking for the baseball fields, the proposal is to construct a vehicular and pedestrian bridge across the drainage channel and enter into a shared parking agreement to allow the user of the baseball complex to utilize school parking. This would also allow patrons of the high school football games to park in the City parking lots. The City and the School District are entering into an Interlocal Agreement regarding the construction of a Drainage Channel Crossing Improvement Project in the form of a pedestrian and vehicular bridge to create the additional exit for both the Samuel Clemens 12 -09 -2014 Minutes Page - 13 - Parking Lot and the City Ball Fields Parking Lot. The School District will provide funds not to exceed the amount of $80,000 for the construction of the bridge. $40,000 is available from the 2010 Bonds and the balance will be used from the Drainage Funds to construct the Drainage Channel Crossing Improvement Project. The City will be responsible for hiring a consultant for Engineering and Design as well as manage the project from start to finish. The conceptual design includes a bridge constructed from flat rail cars that are able to sustain the weight of both vehicular and pedestrian traffic. Estimated Project Costs: hk GeoTech Testing Engineering and Design: Bridge Construction Roadway Total Project Cost SCUCISD Contribution 2010 Bond for Ball field Parking Drainage Fund $5,000 $9,600 $150,000 $47,000 $42,320 >�"$253,920 80,000 $ 40,000 $133,920 *JK If the estimated costs increase above the projected amount based on the engineering design or during the construction procurement process, the agreement includes a provision for the City to terminate the agreement. The goal is to enter into an Interlocal Agreement with Schertz - Cibolo- Universal City School District for the construction of a Drainage Channel Crossing Improvement Project in the form of a pedestrian and vehicular bridge and roadway to connect the Samuel Clemens and the City Ball Fields Parking Lots. al Construction Cost is $253,920 for the Design and Construction of the Bridge and dway. The School District will contribute $80,000 to the project and $40,000 will be from the remaining 2010 Quality of Life Bond. The remaining balance of app ately $133,920 for the Drainage Channel Crossing Improvement Project will be paid fo he FY 2014 -15 Drainage Fund Budget. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 14 -R -103. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. 12. Resolution No. 14 -R -105 — Consideration and/or action approving a Resolution Authorizing a Professional Services Agreement with Wiginton Hooker Jeffry PC Architects related to the City Wide Facilities Master Plan Project. (J. Kessel /B. James) 12 -09 -2014 Minutes Page - 14 - RESOLUTION NO. 14 -R -105 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WIGINTON HOOKER JEFFRY PC ARCHITECTS RELATED TO THE CITY WIDE FACILITIES MASTER PLAN PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Coordinator Cindy Raleigh who introduced this item stating the City publicly requested qualifications from firms to provide Architectural /Engineering and evaluate services necessary to complete a City -Wide Facilities Master Plan in July 2014. The Facilities Master Plan will address near term needs (3 -5 years) as well as projecting needs for a population at build out of 75,000. The Plan will include the near term need of a site selection study and concept for a Fire Station in Southern Schertz, projected needs for Fire Station(s) in Northern Schertz, and the recommendation on best utilizing the City's current office and space demands at: • Hal Baldwin Municipal Complex (all buildings, all departments) • Emergency Services (all stations and substations) Ive • Public Works (all buildings, all divisions) • Senior Center The City -Wide Facilities Master Plan Outcome will include: • Strategic near term recommendation for facility utilization based on population build -out • Long term goals and benchmarking for facilities planning • Recommendation of critical adjacencies -by facility and campus area • Facility Assessment based on information and base condition of all facilities • Prioritization of Recommendations for future construction, reconstruction and property purchase • Cost analysis and financing options or directional recommendations • Provide comments and analysis on the City's ability to own or lease additional facilities IMMIL AW The City received six 'responses to the RFQ and key City Staff reviewed the submissions and met to determine the top three firms to interview. Interviews were conducted in late August and, after review of scoring, the City contacted Wiginton Hooker Jeffry PC Architects (WHJ) for negotiations of a contract regarding the Facilities Master Plan. Final negotiations with WHJ were held in November and the City is ready to proceed with approval of the contract. WHJ has prepared a proposal to complete the plan and the task fees are as follows: Master Plan Project: $111,390 South Fire Study: $ 18,750 12 -09 -2014 Minutes Page - 15 - North Fire Study: No additional Fee Total $130,140 As part of the bonds sold to purchase properties on Commercial Place, the City has $95,000 set aside for the Facilities Master Plan. Additionally, there is $50,000 budgeted for the item for a grand total available funds of $145,000. Staff recommends entering into a Professional Services Agreement with Wiginton Hooker Jeffry PC Architects in the amount of $130,140. Staff recommends Council approve entering into a Professional Services Agreement with Wiginton Hooker Jeffry PC Architects in the amount of $130,140 for the City -Wide Facilities Master Plan Project. The cost of the project is $130,140 to be paid for from the Master Plan Study Project Account. y Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -105. The vote was unanimous with Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Mayor Pro -Tem John was absent. Motion passed. 15. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel /Council) Mayor Carpenter recognized Councilmember Thompson who stated he had three questions he would like to get clarification on from Councilmember Azzoz. Those questions are: 1) How did you come up with a premise that our city employees are underpaid, particularly the bottom 40 percent; what other home rule cities or private sectors did you use as a comparison study to our size city? 2) How did you arrive at your stated premise that pulling $200,000 from the training budget fully funds your 15 percent proposed pay raise as opposed to the 5.3 percent that it does? 3) Where do you propose from the 2015 budget to come up with the additional $480,000 over and above the original $200,000 that would cost the city to grant your proposed 15 percent pay raise to the bottom 40 percent employees? 4) Have you calculated the legacy costs of your proposed pay raise on future city budgets beyond 2015 budget and how would you propose to pay for those increased legacy costs as well? Councilmember Azzoz stated he would sum it up this way; we have $300,000 already set in the budget. He proposes you start with the bottom 40 percent of the employees to get some of them to the normal industry average. He stated he has called other cities to gather information regarding their pay scales for comparison. City Manager John Kessel stated he feels it is his intuition that we may be underpaid as well as Mr. Azzoz's. Mr. Azzoz agreed. Previous telephone comparisons have indicated various positions may be $143 underpaid. His primary concern is that if we don't have a thorough understanding of what the job duties are that are performed we may be missing 12 -09 -2014 Minutes Page - 16 - the mark. The classification part of the study is critical for determining appropriate compensation. Councilmember Azzoz stated employees have to be able to make a living. Pay them fairly and they will be loyal workers. He would like to make a motion and get a second to propose spending the already appropriated $300,000 and turn it over to City Manager John Kessel to begin forming a plan to distribute it out to the employees. Councilmember Thompson stated he still has not had his question answered which is, has Mr. Azzoz considered the legacy cost of his proposed raises on future city budgets. Councilmember Azzoz replied he has done budgets in the past and like city budgets you project income and come as close as you can and match it against expenses. You make a better employee by paying them well and retaining them. Council discussion followed regarding the impact of a 15 percent raise for the full staff with and without management, which would negatively impact our future budgets and reserve fund. The cost would be around 1.8 to 2.0 million dollars annually, resulting in us either having to raise taxes (by 6 to 8 cents) or cut significant programs. Council asked Human Resource Director Joshua Smith to come forward and provide more information on the classification and compensation study we want to do. Mr. Smith stated it is essential to match `apples to apples' when studying the job types (roughly 120 different positions). This will be time intensive and could take as little as four months or as much as six months. A panel will meet this week to find a vendor to work with us and contract with them by January 2015. Industry practices recommend you budget 3 to 4 percent of your base payroll (for us, the City, that is $750,000 to $1 million) just to get this study off the ground. To maintain this, two percent budgeting per year (for merit raises) over time is not going to be enough —you are looking at 4 to 5 percent. After working through the RFQ's we will bring the final selection of a firm before council for authorization to get this moving. Annual Merit increases will still be tied to our evaluation process and is not included in what we are discussing here. There are always challenges, but this study is really important and beneficial for the city. It is also important to have an external vendor with an unbiased perspective. Councilmember Fowler asked how much money is generally left over from our training budget at the end of the year. City Manager John Kessel replied it has averaged about $60,000 - $62,000 per year that is left unspent. Councilmember Azzoz stated we have $300,000 that we can spend today and he wants to make that motion to give the money to City Manager John Kessel to distribute it to the lowest paid portion of the staff. More discussion continued between council and staff to clarify the following: 1) the appropriation of funds for implementing the study, 2) money appropriated for action (pay raises) after the study is completed, and 3) the benefits of waiting for the study results to guide management in the fairest distribution to city employees of the allocated funds. 12 -09 -2014 Minutes Page - 17 - Mayor Carpenter summarized by stating that he had a motion on the floor to authorize the City Manager to expend the $300,000 and not wait for the completion of the classification and compensation study. The motion failed for lack of a second. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 15. Requests and Announcements 16. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated thahis is the last Council meeting of the year and wished everyone a Merry Christmas and a Happy New Year. 17. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. r` Mayor Carpenter recognized Councilmember Fowler who requested a plan come forward to Council to fix the acoustics in the Council Chambers. City Manager John Kessel stated that he will provide an update. Mayor Carpenter requested staff place the Council's Rules of Conduct Procedures and Code of Ethics on a future agenda sometime in January. Councilmember Edwards also requested that the Council's Code of Ethics be brought back in January. 18. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 19. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 12 -09 -2014 Minutes Page - 18 - Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: • Tuesday, December 16, 2014, Retirement Celebration for Assistant Fire Chief Glen Outlaw. Councilmember Fowler stated that even though they did not vote on Councilmember Azzoz's proposal earlier, it showed a deep desire, and the dialog they have had represents this Council as we can disagree respectfully. He believe here is still room for discussion. Councilmember Fowler stated that he was glad to see Human Resource Director Josh Smith back and wished everyone a safe holiday. Mayor Carpenter recognized Councilmember Azzoz who stated last week the folks with Operation Comfort presented the winner of their 1965 Cobra Kit car to Mary Warren. He stated that over 500 raffle tickets were sold to benefit the Operation Comfort program, collecting $50,000. Councilmember Azzoz stated that Ms. Warren gave the car back to be re- raffled off next year. Councilmember Azzoz also wished everyone a Merry Christmas, Mayor Carpenter recognized Councilmember Edwards who also wished everyone a Merry Christmas and a Happy New year. He also requested that those members of Council please complete the profile information from Davis Solutions. Mayor Carpenter recognized Councilmember Thompson who thanked everyone. Mayor Carpenter commented on the retirement celebration today for Assistant Fire Chief Glen Outlaw and on behalf of the Council and City Staff wished everyone a Merry Christmas and Happy New Year. Adjournment �. Meeting was adjourned at 9:14 p.m. ATTEST: Brenda Dennis, City Secretary 12 -09 -2014 Minutes Page -19 - Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Subject: BACKGROUND Development Services Ordinance No. 14 -5 -50 — consideration and/or action on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (Final Reading) The applicant is proposing to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The subject property is located at 12424 Lower Seguin Road, and is part of a larger 13 acre tract. The applicant has indicated that the primary reason for the proposed rezoning is to construct a single family home on the 2 acres, which is located at the rear of the property. The 2 acre tract is currently undeveloped. The remainder of the 13 acre tract is currently used for a commercial business. The public hearing notice was published in "The Daily Commercial Recorder" on November 24, 2014 and the "Herald" on November 26, 2014. Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 6, 2014. Staff received one (1) response in favor of the request. City Council approved this on first reading at their meeting on December 16, 2014. Goal Sandy Barsness is requesting to rezone the approximate 2 acres tract of land to from Predevelopment District (PRE) to Single Family Residential/ Agriculture (RA) in order to build a single family home. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and Future Land Use Plan (FLUP). The FLUP designates the subject property as Estate Neighborhood which is defined as Residential Agriculture District (RA) base zoning with single- family residential uses only. 0 Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change is consistent with the proposed single - family residential use for Estate Neighborhood. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. The site is adjacent to Lower Seguin Road which is designated as a proposed 60 foot right -of -way on the Master Thoroughfare Plan. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan and the proposed land use of single family residential. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on November 19, 2014 and offered a recommendation of approval by a unanimous vote. City Council conducted a public hearing on December 16, 2014 and approved by a unanimous vote. Staff recommends approval of the zoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 14 -S -50 ORDINANCE NO. 14 -S -50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA). WHEREAS, an application to rezone approximately 2 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning; and WHEREAS, on December 16, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single Family Residential /Agricultural District (RA). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 16th day of December, 2014. PASSED, APPROVED AND ADOPTED on final reading the 6th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) FORD Dde: August 15, 2014 Projecl Nay: 137$_D0 Exhibit A "The Property" ENGINEERING. INC. FIELD NOTES DESCRIPTION LOOO ACRES Yone 4 page 1 r?f 2 A 2_I0 scrc tract of land out of the Julian Diaz Survey Ito, 66, Abstract: No, 187, Bexar CounLy Block 5159, aitmted in the City of ` chcrtr, Kmar C:otmty, Testae, being a portion of that ratan tract of land called to cnniain 12.754 aeres or land wnwcyed to Darren Barwiess and wife, Sandy Barsnrss in Volume 11348, Page 779 of the OfiiOW 'Public Records of Beal Proper y of Bever County, Texas being mom particularly described. as BEGINNING. at .a !/5 inch iron rode with cap mafl" "BUS" Ifoa -and fVr the Sovilivmmm corner of the said 12.734 sere fiv,t it corncr or that certain 40.556 acre tract off" land conveyed to Lloyd R. Fairley in Volume 8666, Page 492 of thr, Official Public Remold. of Rcal Property of Bexar County, Texss, for the 5outhcaslern darner of this 2.000 acme tract; THENCE, S 59434`41" W — 436.30 fcct along a line of the said 40556 acre tract, the Southern line of (he said 12. ?54 acres tract to u ',2 imn mod Inund For nce- Sauth.casierrt corner of that cemain 12,754 acre trad -1 ILmd cunvrved to Ronald Soon Roemer in Volume 16214, Page 16111 (Abair rescribed in Volume 11294, Page 1845) of d-W Official Puhlic records of Viral Property of 1 xar C+ounly. Texas, for the athwestern� ournm of the said Bareness 12.75 -1 area Uwt, frw the Southwcmm csor'w. of this 1000 acre tw, TffCINCE, N 30`242W W — I99,31 1;mt along the Wegem litre -of the &did B,arsn s t 2.754 acre tract, the Kastcm line of the said Ronald Scott Roemer 12354 acre tract to a point for thG NorthwesLe..m C43rncr of IhiS 2_000 acm tr. t, % which a '!t inch iron rod with yellow pLaslie carp marked `Ford F,ng Ina;" set on the Sotshaaa m line of Lomw Seguin Road, for the Nt wesiem corner of the said DmTwss 12.754 acre tract, the N orthmstan €zanier of the said Ronald Scott Roemer 1.2.754 am- rrau beaus N 30°24 "29" W— 1141,15 foa; THENCE: N 59435'36" E — 438 -16 Fact arms the said Aarsncss 1 2.,754 acre tract to a paint on the Ea<sum lime of the sad Barsmm 12.754 wire trams a line of the said Un yd f{, Fairley 40.556 acre Imel, for the Northeastern carrier of this 2 =1160 acre. tmrt frOm whihh a :j inch iron rod Frith yellow plastic cap marked -Ford Errg Iive°' set for the Ncurtha;Listem 10427 WYE D VE. RUE 104, MN AWONIO. TE{A5 78217 1210 590- 4'x'71 FAX: 590 -494o 1 -B{{ N_3109 WO 5rt . V wwfor"neerftc rn YEN No. F -1 162 FORD ENGINEERING,, INC._ PagL- 2 of 2 coTacr or fbi; saW Barsness 11754 am tract on The Soudiern line of Lower Seguin Road bnlirs N 29D$2Y2I " W — 913.E rco THENCE, S 29'52'21" E - 199.20 fee along thn Eastern I'nr- of tbr- kmqnc---q 12.754 acre. rw tr. a line of the said Lloyd R. Fairley 40-556 :� tract to thr, POINT OF BEGINNING and oontainLng 2. MO acm of UM, atc-urding to a srarwy made on tim grty-und qn*r, my sHwrv;sWn Corresponding plot prepamd. 2379.00 Re-Zonjjig RA.dwx BF-4 RINGSA RE aA VJIE D ON 7'H E S 7 A TF PLANE C(V)WfNA TE S YS TEW ESTABLISHED FOR THE 7EXAS.'W-U' CENTRAL ZONE, 4204f. NA 1) M-;. 10927 ME DRIVE, pff Rc*t I.- Hackett Rik i: KETT Re 3sLt:rcd Professional Land Surveyor License Number 5573 SUIE 104. SOLN ANTONIO, rEXA5 75217 (21D) 590-477? FAX. 590-494D 140b-332-1 IC19 Wub Sitp-: wwwJordL-nginff-.dn&com TBPE No F -116 Exhibit B "The Property" 00 C R E sbk 1rc a t� 4 ,s "gill ! j F r` qp ja Al � 5 �• ; R IEf � �} � �R� a S 4 t 9� �„'�Li is e REP A 4 �e s +g Ig ii Qp. a aj5:0 :•' t 7� d H � Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Parks and Recreation Subject: Resolution 15 -R -01 - Modification to the existing contract for construction of the new soccer fields BACKGROUND Goal To modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,648,202.87 to $3,684,979.87, plus a City controlled contingency of $10,000.00, bringing the not -to- exceed amount to $3,694,979.87. In the initial contract negotiations the installation of landscape irrigation systems between the various playing fields was priced separately as "Add Alternate Bid #8" in the Bid Documents and was not accepted. Community Benefit The community as a whole will benefit by having over 90% of the Soccer Complex irrigated. Reasons for Contract Modifications The initial dollar value associated with the installation of these irrigation systems was $90,107.00 and a decision was made to not accept Bid Alternate #8 due to budget concerns at that time. During the course of construction the systems were installed by the sub - contractor by accident. Initially the sub - contractor requested an amount of $89,000.00 or he could just remove the installed systems. During the next several weeks of negotiations a final cost of $34,500.00 was agreed to by all parties. This amount is subject to the General Contractor's profit and Bond increase based on the agreed amount. Fiscal Impact Funds for this will be from the 2010 Bond for the Athletic Fields RECOMMENDATION Approval of Resolution 15 -R -01 ATTACHMENT(S) Resolution No. 15 -R -01 RESOLUTION NO. 15 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City amend the current agreement with Alpha Building Corporation, Inc. for the renovation of the existing soccer fields and construction of a new concession building and parking lots and associated support systems; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Agreement with Alpha Building Corporation, Inc., and the Change Order attached hereto as Exhibit A (the "Change Order "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a Contract Modification with Alpha Building Corporation, Inc. The total amount payable under this Contract shall not exceed $3,684,979.87 plus $10,000.00 of City contingency funds for a total amount Not to Exceed (NTE) $3,694,979.87. 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 day of , 2015. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 EXHIBIT A ALPHA BUILDING CORPORATION, INC CONTRACT MODIFICATION Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Development Services Subject: Ordinance No. 15 -A -01 - Conduct a public hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation of 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Reading) BACKGROUND In 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz- Cibolo- Universal Independent School District. In accordance with Texas Local Government Code (LGC), the City Council conducted two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. Public hearing notices were published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. This is the first reading regarding of the ordinance regarding the petition for annexation. The subject property, if annexed, is being considered concurrently with the associated zoning request (ZC2014 -014). The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, City Council Memorandum Page 2 County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property be zoned Public Use District (PUB). Goal Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. Community Benefit Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Close the public hearing and approved the proposed ordinance. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. RECOMMENDATION Approval of the petition for voluntary annexation Ordinance 15 -A -01. ATTACHMENT Ordinance 15 -A -01 ORDINANCE NO. 15 -A -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act "); and WHEREAS, two public hearings were held before the City Council of the City of Schertz, Texas, on the 9th day of December, at 6:00 pm and on the 16th day of December, 2014 at 6:00 pm. which dates were not more that forty (40) days nor less that twenty (20) days prior to the institution of the annexation proceedings; and WHEREAS; notice of such public hearings were published on the City of Schertz internet website and published in the newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; notice of such public hearings were published in a newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; the City Council of the City finds that (i) the Annexed Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land Ordinance 15 -A -01 shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and be bound by the acts, ordinances, resolutions, and regulations of the City subject only to the Service Plan hereby adopted and attached hereto as Exhibit B. Section 4. 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 5. 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 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Ordinance 15 -A -01 Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. ATTEST: Brenda Dennis, City Secretary (SEAI Michael R. Carpenter, Mayor Ordinance 15 -A -01 Exhibit A "The Land" EXHIBI A ANIAwY LAND SURVEYING MSS AND.BOUNf1S DESCRIPTION FDR A 69.111 ACRE TRACT OF l...A913 Being 69.111 arm of [artrl ettl of the F. C hd Surrey No_ 2, Abstract No. S, County Block 5 143, Rehr Cftnty, TCXBF, and being all ofa 69. L06 afire tmet ref Band described in Volume 6360, Paga 1586 Oftho Ofliein.] Public: Rcewds of !teal Property of Ele=Canty, Tem, and said b9-1 I l acaea oIF1a11d l?cfag more p iticlatarrly deRxibed as E"nllows= BEGINNING at a W iron pin found on tllr,c Nuri -brRSt rtl ht,ol = way lino of Trainer We Road" b Soatle-xneater]y corner of a 76.52.5 acre trait of land as described in Volume 6957, Page 2097 of the Official Pubho Reemis of Real Property of Beier Canty, Texas, and being dre Fn= Westerly corner ofthis herein described 69.111 acre tract of land; THENCE departing the Narthetrst right -of -way line of said Traincr Hale Road and with tho Southeast lineof said 76.525 Aare Lmd of land.1he followingcalis and distances: N 59" 45'28" F a distance nf.593,61 Feet to, a V3" iron Pin with rap stamped 'DAM #5349 P tOtP, OQR," set for ti corn 5 45° G8. 36" Fla disUncc of317.4+4 fart to a '1s" iron pin fmuad for art interior Corner, , and N 6a' 51' WE a distance of 932.73 feet to a I'° iron Pipe found for the East Corner of said 76.523 acre tract of land, a Southwest comer of it 16.091 acre tract ofas descrihcd in Volume 15339, Pt9g,+e 1351 of 1716 OBISial Public Rccords of 13oxar C,aunty,'Texas; THENCE with the Suulheast line of said 1-6.001 acre tract or rand earl pttszdn8 the South tnrzuer of a 11.883 awe tract of land as described in Volume 12131, Page 538 of for GJSTRcial Public Records Of Bexar Country, Texas, N lib° 53'27' E=a . distance of 1909.82 fix[ to a W' imn pin found -nn [[me fi)r a lifereric;a poitti a total distcaoe of 1.99+4.55 Feet to the cerlt {7 o Clbol€s Crvelk for the East comer Dt*d 116.081 mtiv in, 41 of Gand and being the Noith comer of this bercin dt gibed 69.1 l 1 brae liaet of land; THENCF with the rhea- mri 9 of Cihnlo Creak the following calls and distances; 532'° 36" 10" h a distaacz of 299.88 feet to a pohat; S 43' 49' 17" E o distance of 33.64 feet to a point; and S 181 1V3 0" F a, dis$ooce of 481,20 foot to point for the East comer of this herein dc9cAbed 69,1.11 &av trac:i of LHM: TIiENC1 departing the center line ofCi" Creek, S 59° 47' SIG" W a distance of 151.27 Feet faL a,fir" moat pill found on life for a referemm p oiril, atoial dlspuarce of 324t,61 fleet to a W' uun pot found an the Norlheast tight-of-way Linn ofsaid Trainer Hale 1ton ., a Westerly coomr of a 62.119 acre tract of land as dcscrilx'»l in Vol"w 8434. Fagc 1819 of the Official Public Records of Real I"roperty of Bcxar County,. Texas, and beiaag the kaurimest Water of this herein described 64.1 I l aem tract: of lam; THENCE, with the Norihea9t right- of-way I.inc of'said Trainer Hale Road, flee fnllo mg calls and distances N 3-r I I' 21" W a distance of 134.66 feel to a %— iron pits with cAp clamped "DAM 8'5348 PROP_ COR-11 set for a carnar, N 39' 24' 49" W a distance of 652.84 feet to a K' iron Pict with cap sWnped "DAM 95348 PROP_ COR2 set for a cearncr: 2700 Rol line] Creek. Spring 11rat1r«h, TX 78070 1 T, 210.325.0 959 Ordinance 15 -A -01 N 4$ 16' 36" W a disuncc uf332.53 fast to s 1" item nie1. wroth cap scamared "'DAM, U5348 PROP. t=.OR." set fjor a carper and a mrve to 11K 1eR; and with said. curve to like 1cft, having a Radius of 679.64 feet, an Am Length 13f99J)9 feel„ a Delta AFIgEe 4f 030 16' 08 ", and a Clwr k bearing ar,d distarmue of N 44109' 32" W, 96.00 The to atathe POINT OF BEGIN7NING and enmtajnjFtg V9.111 agree uf land. more or lcmi Barings based on Ihe Texas Stale Rlan�Coordinule Sg+3te n. Texas South {CmEral Zonr (4204), NA.D 9983. Sur yad am the ground IRIS the -day of Rawatry, 2014. L Drew A. blawyer Registered Professional Lrmd SuFve4 Net. 5748 T8PL5 Firm R*fftaai m #10191500 VL_DAM- ati.v,20l4 10AGi%"doe Ordinance 15 -A -01 2700 Rolling Creek, Spring Branch, TX 78070 1 T 210.321x,09519 M1,10 Olt vb All, I Ito Ordinance 15-A-01 L w Ilk 4�k.1 W" -op O-P& Exhibit B "The Service Plan" CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 69.111 + /- acres of Land, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County, Texas, as shown on the map attached hereto as Exhibit "A ". INTRODUCTION This service service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area.. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed area. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City may impose fees and provide the service. Ordinance 15 -A -01 OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexati the same basis and at the same level in comparable areas as provided throughout the City.�p, OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. OTHER SERVICES����� °����������� Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS Police and Fire Protection and Solid Waste Collection The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 1/2 years of the effective date of the annexation of the particular annexed area for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities For the next 2 1/2 years, Cibolo finds and determines that there is sufficient capacity for wastewater to provide services to the annexed area pursuant to the City's extension policies. The construction of any capital improvements for water and wastewater services to an annexed area will be completed pursuant to the City's infrastructure extension policies. Ordinance 15 -A -01 Roads and Streets The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services in any if the above service categories to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. sh" SPECIFIC FINDINGS The City finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. 0 0 D1 tKyj This service plan shall be valid for a term of ten (10) years. AMENDMENTS k , IN"" The plan shall not be amended ss publ hearings are held in accordance with Local Government Code Section 43.0561. Ordinance 15 -A -01 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Subject: BACKGROUND Development Services Ordinance No. 15 -5 -02 — Conduct a public hearing to consider and act on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (First Reading) The applicant is requesting to zone approximately 70 acres of land generally located at 7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in "The Daily Commercial Recorder" on December 17, 2014 and the "Herald" on December 24, 2014. Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 7, 2014. Staff received a total of nine (9) responses on the Notice of Public Hearing reply form including: • one (1) response in favor of the request; • one (1) response with a comment only; • one (1) response from a Cibolo resident opposed; and • six (6) responses opposed to the request. City Council Memorandum Page 2 Comments received on the Notice of Public Hearing Response reply form are as follows: • Lana Smidt, 14678 Schmidt Craft Lane (Opposed) "Destroys my property value (sewer plant)" • William Wheelis, 7783 Trainer Hale Road (Opposed) "I believe it will lower the value of my property." • Geraldine Z. Scheel, 7414 Trainer Hale Road (Opposed) "I own property at 7424 Trainer Hale, it should be Crystal clear why I oppose." • Jeanne Rawe, 7993 Trainer Hale Road (Opposed) No comments. • Betty Schmidt, 8180 Trainer Hale Road (Opposed) "Opposed bright lights and foul odors produced by proposed facility" • Craig Moore, 7703 Trainer Hale Road (Opposed) "I'll be attending the public hearing." • Gerald Cutshall, 13782 Dusty Field "Won't know until after the public hearing." • Joe Vrana, 13915 Dusty Fields (Favor) No comments. Comments received at the November 19, 2014 Planning and Zoning Commission public hearing: • Lana Smidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property values. • Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of FM3009. • Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise. • Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this project and opposition. • Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and opposition. • Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make sure that this is put in correctly and land will be devalued. Goal Cibolo Creek Municipal Authority is requesting to rezone the approximate 70 acre tract of land to Public Use District (PUB). Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The FLUP designates the subject property for Agricultural Residential which is intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. City Council Memorandum Page 3 • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. FISCAL IMPACT None The Planning and Zoning Commission conducted the public hearing on November 19, 2014 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 15 -5 -02 to zone the subject property to Public Use District (PUB). ATTACHMENT Ordinance No. 15 -5 -02 ORDINANCE NO. 15 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to rezone approximately 69.111 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning; and WHEREAS, on January 6, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" EXHIBIT A D AMWYE R LANG SURVEYING METES AND BOUNDS DESCRIPTION FOR A 69-111 ACRE TRACT OF LAND Being 69,111 acres of land out of the h. Goitari Survey No, 2, Abstract No. 5, County Block 5193, Bexar County, Texas, and being all of 69.106 acre tract of land described in Volume 6160, Page 1686 of the Official Public Records of Real Property of Bexar County, Texas, and said 69.111 acres of land being more particularly described as follows: BEGINNING at a %2" iron pin found on the Northeast right -of -way line of Trainer Hale Road, a Southwesterly corner of a 76.525 acre tract of land as described in Volwne 6957, Page 2037 of the Official Public Records of Real Property of Bexar County, Texas, and being the most Westerly corner ofthis herein described 69.111 acre tract of land; THENCE departing the Northeast right -of- -way line of said Trainer Hale Road and with the Southeast line of said 76.525 acre tract of land, the following calls and distances: N 590 45' 28" B a distance of 593.61 feet to a'' /2" iron pin with cap stamped "DAM #5348 PROP. COR." set for a corner; 5 45' 08' 36" E a distance of 347.44 feet to a' /s" iron pin found for an interior corner; and N 60" 51' 16" E a distance of 932.73 feet to a I" iron pipe found for the East coaster of said 76.525 acre tract of land, a Southwest corner of a 16.081 acre tract of as described in Volume 15339, Page 851 of the Official Public Records of Bexar County, Texas; THENCE with the Southeast line of said 16.081 acre tract of land and passing the South corner of a 11.887 acre tract of land as described in Volume 12333, Page 538 of the Official 'Public Records of Bexar County,'rexas, N 60° 53' 27" E a distance of 1909.82 feet to a'.4" iron pin found on line for a reference point, a total distance of 1994.55 feet to the center of Cibolo Creek for the East confer of said 16.081 acre tract of land and being the North corner of this herein described 69.111 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances: S 22° 36' 10" E a distance of 299.88 feet to a point; 3 43° 49' 17" E a distance of 33.64 feet to a point; and S 18® 11' 30" E a distance of 481.20 feet to point for the East corner of this herein described 69.111 acre tract of land; THENCE departing the center line of Cibolo Creek, S 59° 47' 58" W a distance of 151.27 feet to a' /2" iron pin found on line for a reference point, a total distance of 3241.67 feet to a %2" iron pin found on the Northeast right -of -way line of said Trainer IIsIe Road, a Westerly corner of 62.139 acre tract of land as described in Volume 8434, Page 1819 of the Official Public Records of Real Property of Bexar County, Texas, and being the Southwest corner of this herein described 69.111 acre tract of land; THENCE with the Northeast right -of -way line of said Trainer Hale Road, the following calls and distances: N 37° 1V21 " W a distance of 134.66 feet to a' /2" iron pin with cap stamped "DAM #5348 PROP. COR, " set for a corner; N 38" 24'49" W a distance of 652.84 feet to a'! ?." iron pin with cap stamped "DAM #5348 PROP. COR. " set for a comer; * L 2700 Rolling Creek, Spring Branch. TX 78070 1 T. 210.325.0858 1-- � EN N48' 16' 36"W a distance of 332.53 feet to a'' /2 " iron pin with cap stantped "DAM #5348 PROP. C ©R. " set for a comer and a curve to the left; and with said curve to the left, hawing a Radius of 679.64 feet, an Arc Length of 98.09 feet, a Delta Angie of 08016'08", and a Chord bearing and distance of N 44° 08' 32" W, 98.00 feet to a to the POINT OF BEGINNING and containing 69.111 acres of land, more or less; Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), N.A.D 1983. Surveyed on the ground this the 1/ day of January, 2014. Drew A. Mawyer - DREWA. ArtAWYER Registered Professional Land Surve or No. 3348 • „ 5348 . -•• TBPL.S Firm Registration N 1019 1500 •� ps• S.1 DAM -MLV ^2014 PmjmtACCM004= Crniner Ha1o'1A&MCCM004.69.1 t AC- M &B.doc 1 [1 2700 Rolling Creek, Spring Branch, TX 78070 1 T. 210.325.0858 FEW Exhibit B "The Property" to y�drd �v ddb a m A b c' `,' '!I 91$ Bat JIM ti `,' City Council Meeting: Department: Subject: BACKGROUND Agenda No. 6 CITY COUNCIL MEMORANDUM Information Technologies Department Ordinance No. 15 -T -03— An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the FY 2014 -15 Budget in the amount of $40,000 related to the implementation of Phase One of the City of Schertz Master Communications Plan. (First Reading) In June 2012 the City Council approved Resolution 12 -R -57 approving the proposed Master Communications Plan. This plan offers a roadmap for creating a City -Wide network infrastructure using both fiber optic and wireless networking technologies. The Master Communications Plan was devised to support field personnel, upgrade communications channels to City facilities, improve Public Safety operations, and provide network communications and infrastructure for a planned public access channel designed to improve communications and encourage citizen engagement. Staff has completed engineering and planning for the proposed network and is preparing the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to the City -owned facility located at the Live Oak water tower, and must be completed before implementing subsequent phases. Staff seeks Council approval to utilize $20,000 from the PEG (Public, Educational, Government) fund and $20,000 from the Water Department fund in order to implement Phase One. The Staff recommends approval of the budget adjustment for Fiscal Year 2014 -15. Goal: To make improvements to the City's internal network infrastructure in support of the City's Master Communications Plan to facilitate public safety in the City and surrounding community, improve and streamline City operations in the field and in support of the City's plan to create and manage a public information channel for promoting and enhancing citizen engagement. Community Benefit: The Master Communications Plan as approved in 2012 provides many substantive benefits to the citizens of Schertz. Phase One provides the following benefits: 1) Provides the first layer of technology backbone needed to store, manage and retrieve mission critical City information assets in a secure, off - premise location. 2) Creates a secure 2 -way high -speed connection between the primary data collection point at the Live Oak water tower and the main City campus. From there critical information will be distributed to and from Public Works, PD, IT, Public Affairs and other departments as required. Summary of Recommended Action: Approve budget adjustments in the amount of $40,000 to provide funding for Phase One of the City of Schertz Master Communications Plan FISCAL IMPACT This ordinance will amend the FY 2014 -15 Budget to allow use of the funds. These funds are already in place and no additional funding is anticipated. Expenditures: PEG Fund $20,000 Expenditures: Water Fund $20,000 STAFF RECOMMENDATION Staff recommends City Council approve the budget adjustment Ordinance No. 15 -T -03 on first reading. ATTACHMENT(S) Ordinance No. 15 -T -03 ORDINANCE NO. 15 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Resolution 12 -R -57, the City of Schertz (the "City ") adopted the Master Communications Plan for the City; and WHEREAS, the City needs to adjust the Budget to allocate funds in advance of releasing a Request For Proposal for Phase One of the Master Communications Plan in the amount of $40,000; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget as indicated to provide funding for Phase One of the Master Communications Plan; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and provide funding for Phase One of the Master Communications Plan, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $20,000 from the PEG Fund and $20,000 from the Water Fund to fund Phase One of the Master Communications Plan. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 6th day of January, 2014. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 50558021.1 - 2 - Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 6, 2015 Department: Subject: BACKGROUND Mayor /Council Discussion and possible action regarding the City's Employee Compensation Plan. This item was discussed at the City Council meeting of December 2, 2014, December 9, 2014, and December 16, 2014. Council requested that this item be placed back on the agenda for discussion. FISCAL IMPACT None RECOMMENDATION City Council to discuss and act if appropriate.