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05-24-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL May 24,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY. SERVICE.OPPORTUNITY Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flats of the United States and State of Texas. (Councilmember Fowler) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Presentations: A. Resolution No. 16 -R -36 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving the 2016 Recipient of the Hal. Baldwin Scholarship. (J. Kessel/S. Gonzalez) B. Introduction of the FY2016 -17 Sweetheart Court Ambassadors. (S. Gonzalez/L. Klepper /E. Matlock) - Miss Schertz — Sydney Fischer - Miss Jubilee — Ashley Poerner - Miss Friendly City — Corinne Mittelstadt - Miss Sunshine — Regina Deason C. Presentation and update regarding the Schertz Youth Soccer Association (SYSA). (B. James /C. VanZandt /H. Hulbert) 05 -24 -2016 Council Agenda Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Conduct a Public Hearing and presentation /discussion regarding the Woman Hollering PH Creek Wastewater Line Project. (B. James /K. Woodlee) • Discussion, presentation and updates regarding the Animal Adoption Facility. (D. Wait/D.Wait) (Item requested by Councilmember Azzoz) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 10, 2016. (J. Kessel/B. Dennis) 2. Ordinance No. I6 -T -13 — Consideration and/or action approving an Ordinance authorizing the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for FY 2015 -16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance. Final Reading (B. James /C. VanZandt) 3. Ordinance No. 16 -D -07 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas providing that the Code of Ordinances of the City of Schertz, Texas, be amended by revising Section 86 -115, Maximum limits generally on specific streets, adding the maximum speed limits for FM 1518 and changing the maximum speed limit on FM 2252. Final Reading (B. James /K. Woodlee /C. Palomo) 05 -24 -2016 City Council Agenda Page - 2 - Discussion and Action Items 4. Resolution No. 16 -R -37 — Consideration and/or action approving a Resolution amending the Historical Grant for the Main Street Program. (B. James /B. James) 5. Committee of Committees Advisory Board Member Resignation /Appointment — Consideration and/or action ratifying the resignation of Mr. Frank McElroy of the Committee of Committees Advisory Board and ratifying the appointment of Mr. David Reynolds to the Committee of Committees Advisory Board due to the resignation of Mr. Frank McElroy. (Mayor /Council /B. Dennis) 6. Resolution No. 16 -R -38 — Consideration and /or action amending and revising Resolution 15 -R -48 creation of the Committee of Committees Advisory Board by updating Exhibit A the Committee of Committees Board Members and making a minor amendment to the original resolution for internal consistency related to the attendance requirements. (Mayor /Council /B. Dennis) 7. Appointments /Reappointments and Resignations to the various City Boards, Commissions and Committees — Consideration and /or action regarding expiring appointments/ reappointments and resignations to various City Boards, Commissions, and Committees. (Mayor /Council /B. Dennis) Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 9. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 10. 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 Adiournment 05 -24 -2016 City Council Agenda Page - 3 - 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 20th DAY OF MAY, 2016 AT 2:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 7F>reV,Lij2 T�,eVLVt, 'bS Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210- 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as 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 Councilmember Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee 05 -24 -2016 City Council Agenda Page - 4 - Mayor Pro -Tem Edwards — Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 05 -24 -2016 City Council Agenda Page - 5 - Councilmember Thompson Place 5 Audit Committee Investment Advisory Committee Agenda No. A CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 Department: City Manager Subject: Resolution No. 16 -R -36 - Hal Baldwin Scholarship By Resolution No. 09 -R -03 in 2009, the City Council established the Hal Baldwin Scholarship and on December 15, 2015 the City Council appointed an Advisory Committee to assist the City Council with the Scholarship process for 2016. At the City Council meeting on May 10, 2016, the City Council agreed with the Advisory Committee's recommendation of the 2016 recipient for the Scholarship: Elena Garcia - $5,000 FISCAL IMPACT $5,000 to come from Hal Baldwin Scholarship Fund Adoption of Resolution 16 -R -36 ATTACHMENT Resolution 16 -R -36 RESOLUTION NO. 16 -R -36 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2016 RECIPIENT OF THE HAL BALDWIN SCHOLARSHIP, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on February 10, 2009, the City Council of the City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, the City Council appointed an Advisory Committee to assist the City Council with the scholarship process by recommending potential scholarship winners to the City Council; and WHEREAS, the Advisory Committee has recommended that Elena Garcia receive the Hal Baldwin Scholarship for 2016. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby awards the 2016 Hal Baldwin. Scholarship in the amount of $5,000 to Elena Garcia. 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 ordained 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, as amended, Texas Government Code. Section 7. This Resolution shall be in force and effect from and after its final passage. PASSED AND APPROVED on the 24th day of May, 2016. Mayor Carpenter ATTEST: City Secretary (City Seal) Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on May 10, 2016. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of May 10, 2016. Minutes — Regular Meeting of May 10, 2016 MINUTES REGULAR MEETING May 10, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 10, 2016, 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 Pro -Tem Cedric Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: Executive Director Brian James City Secretary Brenda Dennis Mayor Michael Carpenter was absent. Call to Order — City Council Regular Session Mayor Pro -Tem Edwards called the Opening Prayer and Pledges of (Councilmember Thompson) Councilmember Thomp flags of the United State Pro -Tem Councilmember Jim Fowler Councilmember Darvt,Jbhn City Manager John T e sel City Attorney Clarissa Roi Assistant f6 the City Maria order at 6:02 p. the openin of Texas. City of the U Gonzalez hates and State of Texas. followed by the pledges of allegiance to the James /D. Wait /S. Gonzalez) Director Brian James who provided the • Wednesday, May 11, Breakfast with the Blue, McDonald's, 21600 IH 35 N and FM 11,03. Chat with, neighbors and Schertz Police Officers over breakfast, 8:30 -10:30 a.m. • Thur'sday, May,12, Northeast Partnership Luncheon, Olympia Hills Golf Course Conference Center, 11:30 a.m. Please RSVP to the City Secretary of your attendance. • Friday -Wednesday, May 13 -22, RACAP Food Drive, The City will be participating. Collection of non - perishable items may be dropped off at City Hall, Bldg. #1. • Sunday, May 15 -21, EMS Week • Sunday, May 1.5, Schertz EMS Golf Tournament, Olympia Hills Golf Club, Registration at 7:30 a.m., Shotgun Start at 9:00 a.m. Please contact Matt Troneoseo or Amy Sellers at 619 -1400. • Tuesday, May 17, The Chamber Luncheon, Schertz Civic Center, 11:30 a.m. • Tuesday, May 17, Council On The Go, Norma J. Paschal Elementary Cafeteria, 590 Savannah Drive; the meeting starts at 6:30 p.m. • Wednesday, May 18, Cibolo and Schertz Police Department Memorial Service, 05 -10 -2016 Minutes Page -1- Cibolo City Hall, 200 S. Main Street. RSVP by May 13th if you plan to attend and stay for lunch to 210 -649 -7999, or sedmondson cibolotx. ov, or let the City Secretary know. • Thursday, May 19, Chamber `Monthly Mixer' at Legacy at Forest Ridge, 5:30 p.m. • Saturday, May 21, The Historical Preservation National History Month Symposium will be hosting a National History Symposium, 10:00 a.m. — 1400 Schertz Pkwy, #4. Contact Dean Weirtz weirtzl & ahoo.com for more info. • Saturday, May 21, Beatles in the Park, presented by Schertz Parks & Recreation and Public Affairs, Pickrell Park, 5:00 p.m. to 9:00 p.m., Volkswagen Show and Shine, Beatles Tribute Music by Blue Note Ringos. • Sunday, May 22, Annual EMS Banquet and Casino Night, Schertz Civic Center, 5:30 -9:00 p.m. RSVP to Amy Sellers at 619 -1401 or, §cll fs a)schertz.co . • Monday, May 23, Operation Comfort, Grumpy's Mexican Cafe, 18817 FM 2252, 11:00 a.m. — 2:00 p.m. BBQ Chicken and brisket lunch plates S110. 100% of the proceeds go to Operation Comfort. • Thursday- Friday, May 26 -27, Hog Wild Local Government Education Seminar, hosted by Denton Navarro Rocha Bernd -Hyde Zed7, PC, at Texas State Llriversity, 601 Student Center, San Marcos, TX, 8 :011,4x8.- 1:30'p.m. Contact the City Secretary for more information. • Friday, May 27, Schertz Animal Services Microchip Shot Clinic, Pickrell Park, 6:00- 8:00 p.m., free microchips for the first 100 pets, low cost vaccinations will be available. • Monday, May 30, Memorial Pay, City Offices are closed. Mayor Pro -Tem Edwards recognized and welcomed Guadalupe County Commissioner Precinct 3 Jim Wolverton who was in the audience this evnina. • Announcements and recognitions by City Manager Q. Kessel) m • Proclamation recognizing National Police Week. (Mayor Carpenter /Chief Hansen) Mayor Pr%�Tem Edwards read and presented the proclamation recognizing National Police Week and recognized Police Lieutenant Michael Carey who accepted on behalf of the Police Department. Other members of the Police Department also joined Lt. Carey. • Presentation by " the EMS Department regarding Cardiac Arrest Survivors. (D. Wait /J. Mabbitt) Mayor Pro -Tem Edwards recognized EMS Director Jason Mabbitt who stated that this evening he is honored to share EMS Week with our brothers and sisters in blue, from dispatch to patrol to the upper management level; we have an outstanding team. EMS Director Mabbitt recognized the following by providing a brief Power Point presentation with the following information: 05 -10 -2016 Minutes Page - 2 - • April 2, 2015 — 58 year old male — Cardiac Arrest — Members from Lake Dunlap Volunteer Fire Department, Chief Valdez, Chief Torres, Josh .Moses, Elisha Herevia, Nicholas Alvizo and City of Schertz EMS Mike Jernigan and Matt Troncoso dispatched for an unconscious party; CPR was in progress by the family, first responders arrived and continued CPR. First responders established an airway, got pulses back and then lost pulses again, defibrillated a total of 9 times, transported to hospital where pulses were retrieved back. • May 22, 2015 — 95 year old female — Cardiac Arrest — Members of Schertz Fire Department, Matt Hamilton, Alex Armstrong, and Brian Krask, members of Schertz EMS Jason Burch and Matt Gonzales dispatched for a cardiae:arrest; CPR in progress by assisted living facility personnel. Fire Department members arrive with the supervisor and provided CPR; ROSC obtained, patient transported. Although the patient was discharged from the hospital, she died about 8 months later. That was 8 more months that her family got to spend with her — they ".re very appreciative. • August 15, 2015 — 52 year old male — Cardiac Arrest — Members of the Universal City Fire Department Capt. Jesse Hubbard, Victor Gonzales, Stephen Darnell, and Matt Keller. Members of Schertz EMS Luis Sanchez, Mat McCollum and Toni Bradford dispatched to Gold's Gym. Fire Department arrived on scene — no bystander CPR, EMS crew arrived and found Rescue 5 doing PR, . Cardiac Meds, ,got pulses, lost pulses, got pulses back, shocked 4 times, alive today because of all the crews. • September 21, 2015 — 27 year old male — Overdose — Members of Schertz Fire Dept. Lt. Carl Berghofer, Justin Schersinske, Tom Hollick, Zach Jewett, Schertz EMS Chris Foerster, Toni Bradford anti .Schertz Police Offir Danny Trevino — Officer Danny Trevino found patient on couch; pilled him onto the floor, not breathing, no pulse; he began CPR, after one rdund,pfCPR, p4tient regained pulses, EMS Crew and Fire Department crew arrived, managed to open his airway, gave medication to reverse what he took. • October, 14, 2015 5 year old female — Cardiac Arrest — Universal City Fire Department crew Capt. Jesse Hubbard, 'Lt: Kevin. Pfluger, Christian Zambrano, Trent Rogers and members` of Schertz EMS ,Matt Garcia and Edwin Feaster dispatched to a siurecall, EMS Crew and Fire Department arrived to find the patient not breathing and no' pulse, shocked once, started hypothermia to preserve brain function, patient walked out of the hospital a week later. • January 12, 20,16 — 75 year old male — Cardiac Arrest — Members of the Schertz Fire Department Lt. Chris King, Jason Tymrak, Myron. Boerger, members of the Schertz EMS Raul DeLeon, Matt Troncoso and bystander Justin Ball — Dispatched to Wal- Mart parking lot for a fallen party; two (2) bystanders were on scene, began. CPR, still . pulsele s and atpheic upon our crews arrival — continued CPR, as they loaded him into the ambulance, he woke up — Mr. Broaddus is also here this evening. • November l 1, 2015 — Newborn infant — Respiratory Arrest — Members of the Schertz EMS Matt Troncoso, Katie Kirk and Luis Sanchez — dispatched to a residence, home delivery, and crew arrived to a baby that wasn't breathing, Welcome Ben and Katy Schlomach and their baby boy Colin. All crew members received a certificate of recognition. Mayor Pro -Tern Edwards and all Councilmembers congratulated every member present this evening. Mayor Pro -Tem Edwards also shared a personal experience with the audience. 05 -10 -2016 Minutes Page - 3 - • Proclamation recognizing National EMS Week. (Mayor Carpenter /J. Mabbitt) Mayor Pro -Tem Edwards read and presented the proclamation recognizing National EMS Week to all members of EMS and Fire who were present. • Presentation regarding the Hal Baldwin Scholarship Award Recommendations. Q. Kessel /S. Gonzalez) Mayor Pro -Tem Edwards recognized Assistant to the City Manager Sarah Gonzalez who stated that the Hal Baldwin Scholarship Committee met this evening, and reviewed all the applications and as a result they will be recommending to Council that the full scholarship of $5,000 be awarded to Ms. Elena Garcia. Ms. Gonzalez stated that next week council will be approving a resolution authorizing the award and that M&, ` G arcia' will be available to accept it. Hearing of Residents Mayor Pro -Tem Edwards recognized the 0 Ms. Pamela Cox, Chairman of The Chamber the following upcoming events: individuals who spoke: The Chamber who shared Home Living Showcase, Schertz Civic Center, website, The Chamber.info or call their • Mr. Robert Brockman, 1000 'Elbel Road, who spoke against approval of agenda item #4, Ordinance 16 -S -12 and changing the setback requirements. kU • Conduct a Public Hearing and presentation /discussion regarding the Woman Hollering Creek pg Wastewater'Line.Proje -ct. (B. James /K. Woodlee) Mayor Pro -Tem Edwards recognized City Engineer Kathy Woodlee who stated they were before council a few weeks earlier updating them on some challenges they had been experiencing with gaining rights of entry from a few property owners. They are back tonight to provide another update and answer some questions that had come up last time. Ms. Woodlee went through a PowerPoint presentation and answered questions. Some of the highlights included the following: 05 -10 -2016 Minutes Page - 4 - The Woman Hollering Creek project is the wastewater line that will serve a good portion of southern Schertz and feed the new proposed CCMA treatment plant. The first step is gaining rights of entry from the 26 property owners so the surveyor can evaluate conditions for determining where the best locations are to lay the line. A public hearing was held last month on April 12th. Both council and affected property owners who were present had questions. As a result of that meeting staff has suspended surveying efforts until they can get some concerns resolved. The first thing they are addressing is to provide a report of the 'wastewater release that happened in northern Schertz on February 1. There was a blockage'it the location in the metering station where sewage is metered before it goes to, New"Braunfels Utility. The meter clogged and wastewater backed up into the system in Schertz and liquid was discharged from under the ring and cover of a third manhole that was in some disrepair. She provided a map and pictures of the location. Corrective action was taken immediately: upon discovering the situation. We unblocked the meter, notified TCEQ, removed the liquid frcin,the surface with our vac -truck and sprayed chlorine disinfectant on the affected surfaces. They also notified three residents who are served by private water well to boil their water until a test could be done to confirm the well water was safe. A few days later an analysis was performed and the results were clear. TCEQ visited the site to ensure proper steps were being taken. Schertz placed a public notification in the'Express News per TFQ guidelines and we will continue improving and repairing that area where the leak occurred. Ongoing actions include future weekly inspections of that manhole area and educating some cfthe local businesses on the disposal of improper solids in that lino. Additionally, Schertz Public Works Department has put together a specific plan tailored for the City cif Sehertz to provide better response readiness in the future and educate staff members. Some questions Of concern by property owners and the city's response are as follows: -rally, 'speaking, it is-not typical-practice to do continuous monitoring of water wells ase the occurrence of a problem is extremely low. Should a release happen, TCEQ and protocol will be followed l) notify residents /property owners, 2) disinfecting and /or 1p, of the water. Just fof information, soe sections of TCEQ rules indicate that sanitary sewer lines may be located as, close as 1.0 feet from a ground water source, which is closer than septic systems are allowed or livestock pastures. This is a positive indication of the safety of sanitation sewer lines when designed and constructed properly and the expectation of any sort of release. Experience shows the safety of livestock is not negatively impacted or threatened by the presence of manhole structures. However, if a property owner desires, a standard fence (T- posts and barb wire) can be erected around the manholes. What if cows die? Who is responsible? If the property owner believes the cow(s) died as a result of the sewer system, a claim would have to be submitted and processed through the established city process of personal injury or 05 -10 -2016 Minutes Page - 5 - property damage. Claims are investigated and resolved through the Texas Municipal League (TML). Provide clarification of construction materials. Generally, materials will be finally selected after geo technical borings are performed so soil conditions can be analyzed and different material types would be considered. Manholes will be pre -cast or cast -in -place concrete with cast iron lids; the gravity portion of the pipeline would be either PVC or HDPE (high density polyethylene) -a thick walled semi - flexible pipe. The force main will be constructed of ductile iron, PVC, or HDPE. The lift station wet well will be either concrete or fiberglass. Provide typical details of creek crossings. The method of crossing depends on natural configuration and material of the creek bed, depth of land on each side of the creek —how much sr most common crossing methods are boring and flc Provide details of manhole installation in flood editions and - line design, such as the id velocity of 'flow and the characteristics is ,available for construction. The two diversion and open cuttrench. Per TCEQ Rules, Chapter 217, manholes located with gasketed and bolted covers. At that point they are re provided at less than 1,500 foot intervals. Vents shall 1= Sanitary sewer lines located within a "zone of potent capped with concrete to prevent scouring obakfill and E00 -year floodplain shall have water proof. Venting must be the 100 -year flood elevation. ,ive stream velocities will be .re ,of the line. Unsuitable material, in the trench is over�excavated and replaced with more stable material, such as pea gravel or washed stone. Thy: pipe is bedded and backfilled with clean, non- expansive, stable,tnaterial. This more stable,material helps deflect the potential of the native clay soils to shrink and expand and move that Pipe: How will ll:the construction eau pmenf access the site? Will landowners' private roads be Luring the survey,l ndowners , toads may be used to access the pipeline route. Coordination with, the landowners is needed and has been requested. During construction, temporary feriiri will be erected along the pipeline route. The contractor will access the construction area 4 o gh the easerrrent. The vast bulk of the heavy construction equipment will not be using property owners' driveways. After construction, the City of Schertz maintenance personnel will:accessthe pipeline through the easement and through gates installed during construction. " ny"property damage that is believed by the property owner to have been caused by survey, testing, or construction activities will be handled through the City's standard process for personal injury or property damage claims. Will temporary fencing be provided around equipment and materials during construction process for protection of cattle? Temporary fencing will be erected to control access to the limits of construction. All construction equipment and materials will be maintained within the limits of construction. Access to or across the easement needed by the property owner will be coordinated at the time of construction. 05 -10 -2016 Minutes Page - 6 - Will creek water flow be stopped during construction? If so, will alternative water be provided to the cattle? It is not anticipated that creek flow will be stopped during construction. In the event that access to water by livestock needs to be restricted, an alternative source will be provided. Will compensation be given in the event that crop production and grazing is disrupted and lost? Any expected potential loss of crop production or grazing due to the presence of the wastewater easement may be included as part of the negotiation for compensation for the easement. Efforts will be made during design of the wastewater li avoid trees as much as possible. Because the presence are problematic (conflict with equipment access and op, manholes), the easement will be cleared of trees. If a easement, consideration will be given to its preservation identified during the design phase of the project. and alignment of the easement to trees in the :vicinity of utility lines ition, root intrusion into lines and ee is located near: the edge of the Trees that will be removed will be Land use assumptions are used to ' :estimate demand whieb l is used to determine the size of lines needed. Expected land use s abased on existing zoning, land use designations in the Comprehensive Plan, Special Studies :and Plans such as the JL�J'S, and existing development patterns. The JLUS shows less intensive residential development in the APZ 2 (Accident Potential Zone) and areas between the APZs than was pviously anticipated. When this project was perceived in 2011 and added to the Capital Improvement Plan (CIP) in 2011, we did d V lop a new potential land useplan using the assumptions of the JLUS and the Gateway plan that came in between the last capitat improvement plan and now. Will the line cut throw h fields or follow, r9bert. lines? Where practical, :based on topography and tree locations, the wastewater line will be routed along property lines: itributions through impact fees are being used to pay for the design and the line and future impact fees are anticipated to be used to reimburse the City for a (See Chart below) 05 -10 -2016 Minutes Page - 7 - Routing the line in Wdruan, Hollering Road would addplroximately a mile to the length of the line. The line would be,sigpificantly deeper along that route in order to be able to serve the same sewer shed. , as the proposed route. It is likely that a collection line will be constructed in Woman Hollering load in the fixture. That life would then connect to the Woman Hollering Creek trunk main. using septic tanks. Connections to the new, trunk main will be addressed on an individual basis with each property owner; :factors to be considered include the size of property to be served and potential future development of property. Some costs may be included in easement compensation negotiation and other casts may not be included. The next steps ate: finish acquiring rights of entry, complete survey, complete engineering and design, acquire easements, and release project for bid and construction. Mayor Pro -Tem Edwards opened the public hearing and recognized the following who spoke: - Mr. Allen Wiederstein, 8175 Trainer Hale Road, who stated the proposed line will be going through his property that his family has owned for 1.00 years. We have no benefits coming out of this at all, not only himself but his neighbors. He stated they do not plan on selling. As far as tapping in for the sewer line, there is going to be nothing for us. He stated that at the previous meeting Mayor Carpenter asked Ms. Woodlee about the FM 1.51.8 route (yellow route) and which way the water would flow; she indicated easterly 05 -10 -2016 Minutes Page - 8 - Area Served with Line #of Properties Depths to Alignment Description Length of Normal Depth (<20') Potentially Affected Serve Entire Sewershed Easement Width Estimated Project cost Northwest to FM1518 from start Proposed Route - (Blue) to WHC, follows creek to Lift 2.2 mi 100% "19 10'-20' 'i 20'-30' $6,264,000 Station (2.2 mi gravity) Southeast from start along Route A - (Yellow) FM1518 to IH 10 frontage road, 2.3 mi 20% -39 20' -60 - 20' -60 $10,530,000 then northeast to Lift Station (2.3 mi gravity) Southeast from start along FM1518 to Trainer Hale, Route 8'- (Magenta) northeast to Trainer Hale; 3.1 mi 36% "32 20'-50' 20'-50' $11,969,000' Southeast to CCMA WWTP (31 mi gravity) Southeast from start along FM1518to the front of Dirt Route C (Green) Dealers Tract, northeast along 2.5 mi 47% "34 20' -50 20' -50 $11,135,000' Dirt Dealers, then southeast to LS (2.5 [mi gravity) Routing the line in Wdruan, Hollering Road would addplroximately a mile to the length of the line. The line would be,sigpificantly deeper along that route in order to be able to serve the same sewer shed. , as the proposed route. It is likely that a collection line will be constructed in Woman Hollering load in the fixture. That life would then connect to the Woman Hollering Creek trunk main. using septic tanks. Connections to the new, trunk main will be addressed on an individual basis with each property owner; :factors to be considered include the size of property to be served and potential future development of property. Some costs may be included in easement compensation negotiation and other casts may not be included. The next steps ate: finish acquiring rights of entry, complete survey, complete engineering and design, acquire easements, and release project for bid and construction. Mayor Pro -Tem Edwards opened the public hearing and recognized the following who spoke: - Mr. Allen Wiederstein, 8175 Trainer Hale Road, who stated the proposed line will be going through his property that his family has owned for 1.00 years. We have no benefits coming out of this at all, not only himself but his neighbors. He stated they do not plan on selling. As far as tapping in for the sewer line, there is going to be nothing for us. He stated that at the previous meeting Mayor Carpenter asked Ms. Woodlee about the FM 1.51.8 route (yellow route) and which way the water would flow; she indicated easterly 05 -10 -2016 Minutes Page - 8 - toward the creek, which is correct. She has mentioned every depth site on FM 1518 rather than on that one leg that comes up from the creek up towards FM 1518, which is going uphill. She has never mentioned the depth of that. It's always the depth of along FM 1518 or whatever. As far as the Woman Hollering Creek and how you have to come back up FM 1518, he has never heard the depth of that. It's always a 60 foot towards IH 10. He has a problem with this. The access to his property, and he has thousands of dollars of tools and equipment, how do we address that problem if he is not there, and he is not taking off work to have this done, how would you resolve this problem if it occurs? Mr. Wiederstein stated that he is totally against this project. Ms. Maria Ellison, 12762 Woman Hollering Road, who stated that she is also against this project although she is talking to individuals to come loti't her land. She indicated that she was not sure Council was aware that we, in that area, are not allowed to vote for you. So we have no say so in who all is sitting on the dais and taking their land and rights. Mayor Pro -Tem Edwards stated as factual information, only, yes, tey are in the City's ETJ. Ms. Ellison, stated correct and for the -pity coming and saying this is what we are going to do, and this is how we are goin to propose this, she just w4rited Council to understand and know that they have no say sO as who sits on the Council. Mayor Pro -Tem Edwards stated as factual information, that this,: has ' no bearing on their decision. Ms. Ellison also stated that Woman Hollering Road is a,' rivate road, as far as being able to access any of the construction sites; she is hopeful that"`the city will be meeting with them. Ms. Woodlee stated that yes they would. Ms. Ellison stated that she had a conversation with Ms. Woodlee in regard to her` neighbors they live on. Oman Hollering Road, those that are on the creek have been advised of what is going tin, the other neighbors had no knowledge of what was going on. Ms. Ellison 'asked if Ms. Woodlee was able to let them know. Ms. Woodlee stated that they have not reached 'out to property owners that do not own properties on which we are working,to acquire rights of entry. Ms. Ellison stated that this was paVof her concern because they are a community and look after one another. As far as her community, there are only 21 houses on that road and for all not to be notified or included on the project is "4 problem and she would like for all to be included on what is going ari if bossible. Mr. Andy Herrera., 821`5 'gainer Hale Road, who stated that he has heard from Ms. Woodlee and others that everyone is for this, but he asked everyone around him, his neighbors, and they are not for this. Where are the people that is for this? Mr. Herrera asked where Mayor Carpenter was today. In response, Mayor Pro-Tern Edwards stated the Mayor is, out of to)Ain today and will be back next week. Mr. Herrera asked if there was going iobe, another meeting. Mayor Pro -Tem Edwards indicated that there will be further discussion on this particular item. Mr. Herrera asked what could the City do for him on the ones that voted for this, as he said he has asked everyone around him and they are not for this project. Mayor Pro -Tem Edwards asked City Manager John Kessel if we had a record of those that voted for or against. Mr. Kessel stated that it was a bit unclear exactly what Mr. Herrera is asking for, as for a previous vote. If he is asking for whom on City Council was present when the sewer treatment plant was mentioned. Mr. Herrera interrupted and stated that he wanted the record list of those that wanted the sewer line. Mayor Pro -Tem Edwards recognized Ms. Woodlee who stated that she presumes there is a misunderstanding because there hasn't been a vote; there hasn't been any question as to whether someone supports the line or not, we have simply asked property owners to allow 05 -10 -2016 Minutes Page - 9 - the city /contractors rights of entry to survey on the property. We have 20 rights of entry that have been granted. We know that at least two of them are very much against the line, so it's not a matter of whether one is for the line or against the line, we are simply documenting who has allowed us permission to do the survey. Again, Mr. Herrera asked if they could give him an answer as to yes or no because that was just on the survey part. Mayor Pro -Tem Edwards stated that given this is a public hearing he is going to say a couple of things. We cannot debate back and forth, so after the public hearing the council can debate and get staff to answer some of the questions being asked at that point. However, the 20 rights of entry that were given, he is assuming the people have given the survey crews the right to come in and do what they need to d " which is give the direction for the line to go in, that is all they have done. Even if they wrt ,against it, and if they have told him that they were against it, and they, said they are going o give them the right to go in and survey, he is thinking that's what they have done. Mayor ,Pro -Tem Edwards stated that he would be more than happy tQ, have City Manager John X.essel and City Engineer Kathy Woodlee and Executive Ujrector Brian James follow a with him in greater detail. lerstein was speaking on before, we have a lot to other people, where a crew comes in, does ;s are missing—,we don't want deadbeats on s: 4, way that the City can help them with that, Edwards thanked Mr. Herrera. hearing as no one else spoke and opened it up Mayor ProJem Edwards recognized Councilmember Azzoz who asked if we had other alternative line routes in the event we don't get the one we want. Ms. Woodlee said there are alternatives, but they all have pros and cons. Examples are, the cost would be much higher, more land parcels will be affected, and the line will be much more difficult to maintain because of its depth. Selecting a different route other than the recommended one will basically result in almost doubling the cost and it will affect 32 -40 properties rather than just 26 properties. Mr. Azzoz asked what would happen if the property owners, in the end said no we don't want this. For the record, he is against eminent domain, which ultimately could be a possibility. 05 -10 -2016 Minutes Page -10 - City Manager John Kessel said in the end what we are really saying is does city council wish to have a sanitary sewer project which we have already started or do we not? There are different impacts on determining the best route to get there, such as financial and social impact(s). Councilmember Azzoz concern is strongly with the social impact. Public Works employees are also affected due to the long term maintenance that will be necessary. Council can certainly direct staff not to go forward with this project but that would change quite a bit of other previous directives that council has already given. Mayor Pro -Tern Edwards recognized Councilmember Thompson who said he would like to commend city staff for accumulating the questions and getting some more answers. He particularly appreciates PowerPoint slide No. 37, which displays the different alternative line routes and their cost analysis. While we may not like all the answers, we do have them to work from. He gave another example of a past decision by the council to purchase future water rights but also in turn had to raise taxes. Council needs to continue to look 10, 20, 30, and 40 years down the road in order to ,make present decisions that are tough now but in the best interest for the city later. Thoverview slide shows'very clearly that yes there is going to be an impact to families ne�tnatter what route is chosen �d yes there is going to be a cost. It is therefore the role 'ofl city courieil to either (a) cancel the entire project, or (b) choose which route we go. That is`ot tour decision tonight, but his guess is that they will choose a route and no matter what route,4t is, it will be unpopular. Mayor Pro -Tem Edwards stated they will have more discussion on this project in the future and:will wait for it to come up on a future agenda. Councilmember Fowler stated he wanted to end on a positive note stating that when this line is put in it will enhance the value of the property owner's land for future development, whether you choose to sell your property or not. Some folks will look at it and see it as a positive as the older community gradually lets the younger generation take over. His experience on council has shown him that a lot of younger people decide to sell out. He feels the value of the land will go up whether you sell it or not. The development that happens around you drives this. It is something for you (the property owners) to consider. Consent Agenda Items 05 -10 -2016 Minutes Page - 11 - The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 3, 2016. Q. Kessel /B. Dennis) 2. Ordinance No. 16 -A -10 — Consideration and /or action approving 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 4.138 ores of land located in the William Bracken Survey No. 74, Abstract No. 43, Bexar County No. 5056, and the W. S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5th; located all in Bexar County approximately 3,000 feet east of the intersection of FM,J518 and.Ray Corbett Drive. Final Reading (B. James /L. Wood/B. Cox) 3. Ordinance No. 16 -S -11 — Consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas regardirt 4 request:Jo zone approximately 4.138 acres of land to Public Use District (PUB). The propey is more iaecifically descried as a portion of the William Bracken Survey No. 74, Abstract X10. 43; Bexar County No. 5056, and the W.S. Bennett Survey No. 75, Abstract No. 61, Bexar County No. 5057, located all in Bexar County; located approximately 3,000 feet east of the intersection of FM 1518 and Ray Corbett Drive. Final Reading (B. James /L. Wood /B. Cox) Discussion and-Action Items 5. Boards, Couimissioit ' and Committee Member Appointments — Consideration and/or action ratifying the -appointment of Ms. Shonale Burke to the Committee of Committees Advisory Board due to the resignation of Mr. Howson Lau. (B. Dennis /Mayor /Council) Mayor Pro -Tem Edwards read the above caption and asked if anyone wanted to make a motion. Mayor Pro -Tem. Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve the appointment of Ms. Shonale Burke to the Committee of Committees Advisory Board. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 05 -10 -2016 Minutes Page -12 - 6. Ordinance No. 16-T-13 — Consideration and/or action approving an Ordinance authorizing the transfer of funds from the Tree Mitigation Fund to the Parks Tree Mitigation account for FY 2015-16, repealing all Ordinances or parts of Ordinances in conflict with this ordinance. First Reading (B. James/C. VanZandt) The following was read into record: ORDINANCE NO. 16-T-13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE TRANSFER OF FUNDS FROM THE I TREE MITIGATION FUND TO THE PARKS TREE MITIGATION ACCOUNT,, FOR FY 2015-16; REPEALING ALL ORDINANCES OR PARTS -OF 'ORDINANCES IN CONFLICT WITH THIS ORDINANCE; Mayor Pro-Tem Edwards recognized Director of, Parks stated the City of Schertz has been approached by" ,both Interlocal Agreements with each entity to utilize Treeb' installation and associated irrigation for new constructi'o' CCMA is in the process of building, new sewage treatn service for an ever-increasing residential ' demand in that expanding parking around the main ca I rapus'building,peri Both projects involve the installation of trees (and assoell required under the City,, of Schertz Unifl Develop requested that this ,ic , quire nt be funded through the us( idRecreation Chuck"VatiZandt who CCMA and SCUCISD to enter into ritigation Funds to support new tree 11 Drojects underway by both entities. en plant in south Schertz to provide area,,, SCUCISD is in the process of neteuat Wilder Intermediate School. ted supporting irrigation systems) as cent Code and both entities have of Tree Mitigation funds. The first part for this ordinance talks about',the' money. The total amount of funding the SCUCISD has come ,t us for ig,$14,443.50. The CCMA is asking for $17,500.00, for a total of $31,9,4,,3,.,50., That would be transferred :from the Tree Mitigation fund to the Parks and Pro-Tem Edwards recognized Councilmember Azzoz who moved, seconded by member Fowler, to approve Ordinance No. 16 -T -13, first reading. The vote was bus with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and gowyloting for and no one voting no. Motion passed. 7. Resolution Nat 16- -h2 =35 — Consideration and/or action approving a Resolution authorizing the approval of''Ifiterlocal Agreements with CCMA and SCUCISD for the use of Tree Mitigation Funds. (B. James/C. VanZandt) The following was read into record: RESOLUTION NO. 16-R-35 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF THE USE OF TREE MITIGATION FUNDS TO SUPPORT TREE INSTALLATION FOR CCMA AT THEIR NEW SEWAGE 05-10-2016 Minutes Page -13 - TREATMENT PLANT ON FM 1518 SOUTH AND TO SUPPORT TREE INSTALLATION FOR SCUCISD AT WILDER INTERMEDIATE SCHOOL, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro -Tern Edwards recognized Director of Parks and Recreation Chuck VanZandt who stated this item is to get permission for the city manager to sign the agreements and then use those funds to pay for those items. First up we had the ordinance to talk about the money and now we have the resolution to get the approval for the interlocal agreements. Executive Director Brian James reminded council that this is all dependent upon approval of the budget at the next meeting on the 24tH Mayor Pro -Tem Edwards recognized Councilmember Thompson who moved, seconded by Councilmember Azzoz to approve Resolution No. 16-k-3 ' 5. The ute.was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azoz, John and Thompson voting for and no one voting no. Motion passed. 8. Ordinance No. 16 -D -07 — Consideration and /tit action approving an Ordinance by the City Council of the City of Schertz Texas providing that the `Code of Ordinances of the City of Schertz, Texas, be amended by revising Section W'1'15, Maximum limits generally on specific streets, adding the maximum speed limits for VM 1518 and changing the maximum speed limit on FM 2252. First Readi (B. James/K. Woodlee /C. Palomo) The following was read into record: ORDINANCE NO. 1 codifying ill the speed lirnits on this road within the city limits. She displayed some maps and showed thevarious sections of road and their respective speed limits. The other portion being added to the ordinance is the southern part of FM 1.51.8. Staff did take their recommendations to the Transportation Safety Advisory Commission (TSAC) and they approved of it. The other amendment to the ordinance is on FM 2252 reducing a speed of 55 mph to 45 mph. Again this was recommended by TxDOT. Ms. Woodlee addressed questions from Council. Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated in answer to Councilmember Thompson's question regarding the 55 mph speed limit, he stated that TxDOT typically does an 85th percentile speed study and may typically set that speed, so they would not by their own standards set it for 55 mph if the 85th percentile was 45 mph. He stated that we would probably reach out to them and verify that this was in fact the result of the 85th percentile study, which is how the people are actually driving out there. Mr. Kessel 05 -10 -2016 Minutes Page -14 - did state that during various times of the day he does know that there are varying speeds. Ms. Woodlee continued answering various questions from Council. Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -D -07. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Mayor Pro -Tem Edwards moved to Agenda Item No. 12. 12. Information available in City Council Packets - NO • Amended 2016 City of Schertz Master Gonzalez) Mayor Pro-Tern Edwards stated, for the this was information to Council in their 1 to view it on our website. Roll Call Vote Confirmation Mayor Carpenter recognized City agenda items 1 -8. Requests and Announcements a • Citizen. Kud • Recognition • Xt.,W lic-nnrt F1 Calendar. (J. Kessel/S. made note of the above item stating that and it is also available foi those who want Dennis the roll call votes for M yqr Pro -Tem Edwards recognized City Manager John Kessel who stated he was able to meet with the TxDOT' District Office and got a price for the FM 1103 bridge - - -an additional $8 million project for calendar year 2017. It will take about two years to construct. What this means is that. the city voters put in $7 million in the last bond election and TxDOT and the MPO have matched that with additional funds for a total of $31.5 million. This is an example of good leveragiri of funds and a great partnership in this region. 10. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 05 -10 -2016 Minutes Page -15 - 11 Mayor Pro -Tern Edwards recognized Councilmember Azzoz who requested two items: 1) An update on Mr. Henry Gutierrez's investigation case, information that can be shared, and 2) Information regarding the city's current trend of hiring and promoting staff members for the purpose of attaining a more diversified group of individuals in upper management positions. City Manager John Kessel offered to get with the Human Resources Department and run a report to gather some facts and then present that information to council. Announcements by Mayor and Councilmembers • City and community events attended and to be attc • City Council Committee and Liaison Assignments • Continuing education events attended and to be ati • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Pro -Tem Edartl recognized Cc thank two groups:, 1) the people involved and 2) the individuals who are responsible below) who stated "'the-Love Where v to expand updntheir current who stated he enjoyed the d Ms. Mary Spence and Ms. joyed the show, especially )er Thompson who stated he wanted to out the events for the Sweetheart Court, the lights on Schertz Parkway. Mayor Pro -Tem Edward also complimented the staff and others behind the scenes responsible forthe Sweetheart Court event. He stated Yvonne Deleon (from the Baptist Hospital) has a ,bai'id who Will be playing this next weekend at the HEB 3009 Restaurant. opia is the name of her band, 'and ,he promised her he would try to encourage some folks from the city to come Out. He also stated his two sods are about to make a decision to serve full time in the military. As we see the ,change in our nation and the globe, he just wants to commend them for what they are doing because it sloes make a difference when you are the father and you know they are called to greatness. 'He also stated that his daughter will represent the local high school district at the state tourn ament in the 400 meter run and she especially loves running out of lane number 4, where she generally turns out a new personal record. She is a junior now and she has gotten better and better each year and he is proud of her. He ended by saying he is very happy to see what we are doing in our city. We have people here who truly care. He thanked everyone for all the work that they do. 05 -10 -2016 Minutes Page -16 - Adjournment Mayor Pro -Tern Edwards adjourned the meeting at 8:09 p.m. Cedric Edwards, Mayor Pro -Tem ATTEST: Brenda Dennis, City Secretary 05 -10 -2016 Minutes Page - 17 - Agenda No. 2 I_1►i 1010117 D1 aus I SWOLUi1►ue I Eu 10104 0] t7_l►11111►1 I City Council Meeting: May 24, 2016 Department: Parks Subject: Ordinance No. 16 -T -13 — A Ordinance by the City Council of the City of Schertz, Texas authorizing the transfer of funds from the Tree Mitigation Fund account to the Parks Tree Mitigation budget account. (B. James /C. VanZandt) Final Reading Axe X" 0111eK The City of Schertz has been approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities. CCMA is in the process of building a new sewage treatment plant in South Schertz to provide service for an ever - increasing residential demand in that area. SCUCISD is in the process of expanding parking around the main campus building perimeter at Wilder Intermediate School. Both projects involve the installation of trees (and associated supporting irrigation systems) as required under the City of Schertz Unified Development Code and both entities have requested that this requirement be funded through the use of Tree Mitigation funds. City Council approved this on first reading at their meeting of May 10, 2016. FISCAL IMPACT The approved Parks Budget for FY 201.5 -1.6 for Tree Mitigation is $27,000. Budget amendments were made to pay for trees for the soccer complex and tree trimming round 2. CCMA is requesting $17,500 at this time in support of their project (or 50% of their total request for funding support). SCUCISD is requesting $14,443.50 in support of their project (or 100% of their total request for funding support) for a total of $31,943.50. CCMA has decided to perform their project in phases and would come back to the City at a later date to consider the funding request for the second phase. In order to cover the cost of the current requests for funding support, it is necessary to transfer $5,000 from the Tree Mitigation Fund to the Parks Tree Mitigation budget account 319- 302 - 551.710. The current, unencumbered balance in the account is approximately $101,000. Cis Transfer funds from the Tree Mitigation Fund to the FY 2015 -16 Tree Mitigation Parks budget account to be utilized to support the requests for Tree Mitigation funding by CCMA and SCUCISD. RECOMMENDATION Staff recommends that the transfer of funds be accomplished in order to support the requests for funding from CCMA and SCUCISD and approve final reading of Ordinance 16 -T -13. ATTACHMENTS Ordinance 16 -T -13 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE TRANSFER OF FUNDS FROM THE TREE MITIGATION FUND TO THE PARKS TREE MITIGATION ACCOUNT FOR FY 2015 -16; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; WHEREAS, the City of Schertz was approached by both CCMA and SCUCISD to enter into Interlocal Agreements with each entity to utilize Tree Mitigation Funds to support new tree installation and associated irrigation for new construction projects underway by both entities; and WHEREAS, the request for funding by CCMA is in the amount of $17,500 and the request for funding by SCUCISD is in an amount not to exceed $14,443.50 for a total not to exceed $31,943.50; and WHEREAS, the budgeted amount for Parks in FY 2015 -16 for Tree Mitigation is $27,000 which is insufficient to cover the requested funding amounts: and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to support the funding requests from CCMA and SCUCISD; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Manager is hereby authorized to transfer $5,000 from the Tree Mitigation Fund to the Parks Tree Mitigation budget account 319- 302 - 551710 leaving a fund balance of approximately $86,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 1 Oth day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) 50558021.1 - 2 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 . Department: Engineering Subject: Ordinance No. 16 -D -07- Consideration and /or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86- 115, Maximum limits generally on specific streets, adding the maximum speed limits of FM 1518 and changing the maximum speed limit on FM 2252. Final Reading. BACKGROUND TxDOT performed engineering and traffic investigations on FM 1518 & FM 2252. The investigation for FM 1518 led TxDOT to recommend reducing the speed limit from 50 mph to 45 mph from Savannah to Maske Road in Schertz. (See Exhibit 1). Currently, the posted maximum speed limits for all of FM 1518 are not included in the current Code of Ordinances. It is recommended to include the maximum speed limits of FM 1518 to the City's code of Ordinances Sec. 86 -115. The maximum speed limits for FM 1518 are as follows: Schertz northern city limit at MP 2.513 to MP 3.322 45 MP 3.322 to MP 3.659 35 MP 3.659 to FM 78 at MP 4.155 30 Schertz city limit (boundary with Bexar County) at MP 1.594 to MP 6.151 55 MP 6.151 to Schertz city limit at IH 10 at MP 6.413 45 TxDOT is also recommending reducing the speed limit of FM 2252 from FM 482 to the Union Pacific Railroad Tracks from 50 mph to 45 mph (See Exhibit 2). The Traffic Safety Advisory Commission (TSAC) voted to accept these speed changes and recommend approval to City Council during their March (FM 1518) and May (FM 2252) monthly meetings. City Council Memorandum Page 2 Goal To ensure the city street speed limits are up -to -date and enforced through Code of Ordinances, while and maintaining proper records for maximum speed limits on City -owned streets. City Council approved this on first reading at their meeting of May 10, 2016. Community Benefit To provide for safe and efficient travel on City -owned streets for citizens and visitors as well as residents. Summary of Recommended Action Approval is recommended to allow for placement of the new speed limit signs by TxDOT. FISCAL IMPACT No cost to the city, these signs will be installed and maintained by TxDOT. RECOMMENDATION Staff recommends approval of Ordinance 16 -D -07 on the final reading. ATTACHMENTS Ordinance 1.6 -D -07 Exhibit — FM 1518 Speed Zones, FM 2252 Speed Change AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 86 -115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that the maximum speed limits need to be included for FM 1518 in the Code of Ordinances and a maximum speed limit needs be modified on FM 2252. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 THAT, Section 86- 1.1.5- Maximum limits on specific streets of the Code of Ordinances be amended with the addition as follows: Street Extent Seed MPH 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. FM 2252 from MP 1.000 at the intersection of FM FM 2252 482 northwesterly to MP 1.663 at the west city 45 limits for a total distance of 0.663 miles approximately. FM 1518 Schertz northern city limit at MP 2.513 to MP 3.322 45 FM 1518 MP 3.322 to MP 3.659 35 FM 1518 MP 3.659 to FM 78 at MP 4.155 30 FM 1518 Schertz city limit (boundary with Bexar County) at 55 MP 1.594 to MP 6.151 FM 1518 MP 6.151 to Schertz city limit at IH 10 at MP 6.413 45 Section 2 The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3 All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4 This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5 If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6 It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7 This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 10th day of May, 2016. PASSED, APPROVED AND ADOPTED the 24th day of May, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 Department: Development Services Subject: Resolution No. 16 -R -37 — Consideration and/or action approving a Resolution amending the Historical Incentive Program for the Main Street Area. (B. James /B. James) In January of 2015, City Council approved Resolution 15 -R -03 establishing the Historical Incentive Program for the Main Street Area in order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. The program provides matching funds up to $20,000 per property to go towards the cost of renovations. The aim of the program is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive element of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. That resolution established details of the program including eligibility requirements, a map of potentially eligible properties, and a copy of the funding agreement are provided as attachments. To date, no one has applied for the grant. To encourage property owners to utilize the program, Staff and the Schertz Historical Preservation Committee are recommending two changes to the program. The first is to slightly expand the area eligible for the program slightly from the intersection of Main Street and Aviation Blvd. to Main Street and Curtiss Ave. The second change is to eliminate the requirement that properties must be designated as a Landmark Property. Goal Promote the history and culture of the City of Schertz to tourists and residents. City Council Memorandum Page 2 Community Benefit Recognize structures of significance to the community's past. Summary of Recommended Action Staff recommends approval of Resolution 16 -R -37 amending the Historic Incentive Program for the Main Street Area. FISCAL IMPACT $40,000 has been budged for this program from the Hotel Occupancy Tax Funds. RECOMMENDATION Approval of Resolution 1.6 -R -37 ATTACHMENT Resolution 16 -R -37 Main Street Area Incentive Program Summary Main Street Area Incentive Program Main Street Area Incentive Agreement RESOLUTION NO. 16 -R -73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, The program is intended to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the Schertz Historic Preservation Committee is recommending amendment to the program to better achieve the aims outlined above; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby amends the Schertz Main Street Area Preservation Incentive Program as outlined in Exhibit "A" — Schertz Main Street Are Incentive Program Summary for eligible properties located within the Main Street Incentive Area as depicted in Exhibit "B" and will be administered using the agreement template as per Exhibit «C„ 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 24th day of May, 2016. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Schertz Main Street Area Preservation Incentive Program City of Schertz Section 1.1 Purpose The City of Schertz fords that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. The area around Main Street in Schertz once served as commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through historic restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City. The program is intended to: a) Protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; b) Stabilize and improve property values; c) Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and: d) Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Section 1.2 Administration The program will be administered by the City of Schertz Building Inspections Division. Section 1.3 Eligibility Criteria All of the following eligibility criteria must be met: a) Structures must have been constructed more than 50 years prior to the date of b) Property must be located within the Main Street Incentive Area. See attached map. c) All taxes and government fees must be current on the property. Section 1.4 Types of Grant Assistance Funding for this program is generated by the Hotel Occupancy Tax (HOT) funds. a) Program assistance is available to owners who make verified exterior improvements (however limited to comprehensive maintenance and rehabilitation painting, roof, windows, foundation, fagade restoration including replacing windows, wall repairs, brick re- pointing, replacing and exposing transom windows; and improvements necessary to stabilize a structure) consistent with applicable codes, or who make verified interior improvements to upgrade interior systems to current building codes (however limited to sanitary sewer lines, fire, HVAC, insulation, electrical, plumbing, or a combination of interior or exterior improvements) and which are approved in advance by the Schertz Historical Preservation Committee and City Council. Grants are available with a cap of $20,000 per property. b) Grants will not be provided for work already completed or which is begun prior to approval of the grant application. c) Funds will be provided on a 50150 matching basis. In kind contributions may be counted toward the match requirement. Section 1.5 Grant Application Procedures At the start of the fiscal year, the city will promote the amount of funding available. Applications will be received throughout the fiscal year, subject to the availability of funds. a) Property owner submit an application along with any required supporting documentation (i.e. drawings, total project cost estimate, photographs, contactor bids, tax certificates, etc.). Applications will be reviewed by the Building Inspections Staff for completeness. b) After submittal of a grant request, a preliminary site visit will be made by the Building Inspections Staff along with the Chairperson of the Schertz Historical Preservation Committee. c) Applications will be reviewed and evaluated by the Schertz Historical Preservation Committee. The Committee will evaluate the application based on the Secretary of the Interior's Standards for Rehabilitation. The Committee's recommendation will be forwarded to the City Council for review and approval' d) City Council will decide which entities qualify for assistance based on the architectural value of their proposed projects to the City of Schertz, the compatibility of the proposed projects with the Main Street Area, and the cost effectiveness of the proposed project in relation to the proposed amount of the grant. e) The property owner and City will execute a Grant Agreement detailing the obligations of the grantee, the method and timing of reimbursement, and outlining the scope of work eligible for reimbursement. f) Work must be completed within one year from the date of execution of the Grant Agreement, however; the Historical Preservation Committee may grant an extension of up to one year. N 1 40 r k• Im City of Schertz N 10 Main Street Incentive Area W E Schertz Main Street Area Preservation Incentive Program S 0 100 200 400 600 800 1,000 Feet STATE OF TEXAS § COUNTY OF BEXAR § HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX FUNDS This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and , (ENTITY). WHEREAS, the ENTITY ; and WHEREAS, the City of Schertz finds structures of historical importance and significa: educational and general welfare of the public; and WHEREAS, the area around of the community; and WHEREAS, the historic restoration social, cultural and WHEREAS, in vitality of the Main Stre serve to improve existing the revenuesto NOW, seeks to imps 3tion of struct f the City; and ,rooting the f necessary to in Schertz, once served as a proposal to and perpetuation of economic, cultural, and social hub of the area around Main Street through In Street area to serve as a commercial, of historic structures to promote the economic City of Schertz is offering incentives that will this area.; and City of Schertz desires to provide Hotel Occupancy Tax y agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. PAGE 1 OF 5 Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTE compliance with the terms of this AGREEMENT, the CITY agrees percent (50%) of the Project from hotel occupancy tax funds. PaymA (45) days of acceptance of the complete Post Event Report. Partial accepted. Only expenditures that meet Chapter 351 of the Tax Code reimbursed. Section 5. Appeal Process. Any ENTITY wishing to a present their appeal in writing within ten (10) business days of fin Section 6. Rights. The City of Schertz has the right, records of the ENTITY that may relate to performance of this A expenses, has the right to conduct an audit of the ENTITY or Projecl 'Y'S satisfactory performance and to pay the ENTITY up to fifty nt will be made within forty-five )r incomplete reports will not be and this AGREEMENT shall be the decision of the CITY must denial. time, to inspect the books or 4ENT. The CITY, at its sole Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the PAGE 2 OF 5 other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (1.0) days after receipt of the written notice in which to cure the breach to the satisfaction of the non- breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To the ENTITY at: [Name of (Attention: ] [Address: ] [Mailing address [City, State, ZIP] [Telephone num.] Section 11. Entir parties regarding the subj AGREEMENT, except by executed by both parties. Section 12. party's governing body from address: ] ment. This AGREEMENT constitutes the entire agreement of the er contained herein. The parties may not modify or amend this agreement approved by the governing bodies of each party and duly s AGREEMENT has been duly and properly approved by each a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. PAGE 3 OF 5 Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded finding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained, by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITS AGREEMENT to be effective this day City Secretary ENTITY make and execute this , 20 (Title) (Title) PAGE 4 OF 5 EXHIBIT A [Describe the project to be performed] PAGE 5 OF 5 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 Department: Mayor /Council Subject: Committee of Committees Advisory Board Member Resignation /Appointment BACKGROUND On December 8, 2015, . City Council passed Resolution 1.5 -R -48 establishing the Committee of Committees Advisory Board (CCAB) for the purpose of continuing the work of the former Task Force established a year prior in December 2014. The CCAB was formed and has been meeting monthly since February 2016 with 7 members, each one representing their respective Board/Commission /Committee. The following individuals were the appointed members: • Chair, Richard Dziewit, (Board of Adjustment & Transportation Safety Advisory Commission) • Vice- Chair, Barbara Hall (Schertz Historical Preservation Committee) • Member, Frank McElroy (Board of Adjustment) • Member, Michael Dahle (Planning and Zoning Commission) • Member, Howson Lau (Library Advisory Board) • Member, Floy (Fae) Simmons (Parks and Recreation Advisory Board) • Member, Tim Brown (Economic Development Corporation). Resolution 15 -R -48 provides for filling any vacancy on this committee by city council appointment within 60 days from the commencement of the vacancy. The City Secretary's Office received notification from committee member Mr. Frank McElroy of his resignation. His resignation was effective as of May 1.8, 2016. Board Chair Richard Dziewit reached out to the Board of Adjustment members and recommends Council ratify the appointment of Mr. David Reynolds as a replacement for .Mr. McElroy. Staff recommends Council ratify the resignation of Mr. Frank McElroy and appointment of Mr. David Reynolds. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: May 24, 2016 Department: Mayor /Council Subject: Resolution No. 16 -R -38 - Resolution . amending and revising Resolution 15 -R -48 Creation of the Committee of Committees Advisory board by updating Exhibit A, the Committee of Committees Board Members and making a minor amendment to the original resolution for internal consistency related to the attendance requirements. On December 8, 2015, by Resolution the Council created the Committee of Committees Advisory :Board and as noted and the primary responsibility of this Committee is to advise the City Council on future planning and long term prioritization of city initiatives and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and/or City Staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. At that time the following members were appointed: • Tim Brown, Economic Development Corporation Board • Michael Dahle, Planning & Zoning Commission • Richard Dziewit, Transportation Safety Advisory Commission • Barbara Hall, Historical Preservation Committee • Howson Lau, Library Board • Frank McElroy, Board of Adjustment • Fae Simmons, Parks and Recreation Advisory Board Since the creation we have had two resignations, Mr. Howson Lau and Mr. McElroy. On May 10, 2016 Council ratified the resignation of Mr. Howson Lau and ratified the appointed of Ms. Shonale Burke as his replacement. On Monday, May 16, 2016, the City Secretary's office received notification from Mr. Frank McElroy that he is resigning due to conflicts in his current schedule. As per the previous agenda item, Council was asked to ratify Mr. McElroy's resignation and appoint Mr. David Reynolds as his replacement at the recommendation of BOA Chair Richard Dziewit. City Council Memorandum Page 2 On Thursday, May 19, 2016, . the Interview Committee met and recommended that the following be reappointed as their terms will be expiring May 31, 2016: • Barbara Hall, Historical Preservation Committee • Michael Dahle, Planning and Zoning Commission • Fae Simmons, Parks and Recreation Advisory :Board Additionally, a minor amendment to the original resolution is suggested for internal consistency related to the attendance requirements. The revised language is consistent with the intent to not have members miss three meetings without notifying the chair in any calendar year. Goal Is to provide an updated listing of the board members, on Exhibit A to the Resolution and to continue meeting to be able to advise the City Council on future planning and long term prioritization of city initiatives and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and/or City Staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. Community Benefit Continue to establish open communication with the City Council and citizens of Schertz, by staying informed on future plans and long term prioritization of City initiatives, as well as communication and coordination between boards. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Resolution No. 16 -R -38. ATTACHMENT Resolution No. 16 -R -38 RESOLUTION NO. 16 -R -38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION NO. 15 -R -48 CREATING A COMMITTEE OF COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE, ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on December 8, 2015, the City Committees Advisory Board out of the task force which was made up of 7 members; one each from the vat Committees to address community involvement and futut WHEREAS, Mayor and City Council Committees Advisory Board" to continue the," • mis Appointment and Terms The Committee of Committees Advisory Board shall be composed of seven (7) members who shall be appointed by the C t Council on an annual basis beginning May 31st of each year. Board members will be appointed for staggered two (2) year terms. If any member of the Board shall be absent from-scheduled meetings more three (3) times without prior notification to the chairman of the board during any twelve (12) month period, the third (3rd) absence shall be construed as the member's resignation from the board for all purposes. All members will represent the entire City, however positions will be numbered and initially all the odd numbered positions will serve a two year term and all the even numbered positions will serve a one year term. Thereafter, all terms will be 2 -year terms. The positions will be randomly assigned at the first board meeting. Section 2: Qualifications of Members. Any member appointed to the Committee of Committees shall be a resident of the City or in the City's ETJ and 18 years of age or older. It is the intent of the City Council that members shall, by reason of diversity, constitute a board that is broadly representative of the community. Section3: Members Serve without Compensation. The members of the Board shall serve without compensation. Section 4: Removal of Members. Any member of the Board may be removed from such Council. Section 5: Responsibility; Duties The primary responsibility of the Board shall be to , and long term prioritization of City initiatives, anti assist with projects to include analysis of present an( their findings back to City Council and /or City Committees will be responsible for increased commw Section 6: Meetings; Quorum at any time by the City City Council on future planning ;d by City Council or City Staff, Ws and prioritizati on, and report Aditionally, the Committee of d coordination between boards. Section 8: Board Cannot Bind City Council The Board shall act in an, advisory capacity only and shall not have the authority to bind or obligate City Council: Section 9. 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 10. 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 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. If any provision of this Resolution or the application be held to be invalid, the remainder of this Resoluti other persons and circumstances shall nevertheles declares that this Resolution would have been enacte Section 13. It is officially found, determined, and d adopted was open to the public and publ public business to be considered at such required by Chapter 551, Texas Governmf Section 14. This Resolution /:1ui1 force and effect from PASSED AND ADOPT City Secretary (CITY SEAL) any valid, and the out such invalid circumstance shall ` such provision to Council hereby that the meeting at which this Resolution is of the time; 'place, and subject matter of the ;11ucluding this Resolution, was given, all as after its final passage, and it is so resolved. y, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Michael Dahle EXHIBIT A COMMITTEE OF COMMITTEES BOARD MEMBERS Term Dates May 31, 2018 Richard Dziewit May 31, 20] 7 David Reynolds A -1 RESOLUTION NO. 16 -R -38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION NO. 15 -R -48 CREATING A COMMITTEE OF COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE, ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on December 8, 2015, the City Council created the Committee of Committees Advisory Board out of the task force which was formed in December 2014 which was made up of 7 members; one each from the various City Boards, Commissions and Committees to address community involvement and future planning for the City of Schertz; and WHEREAS, Mayor and City Council met and decided to formalize a "Committee of Committees Advisory Board" to continue the work of the task force; and WHEREAS, at that time the following members were appointed: (BOA) Frank McElroy, (EDC) Tim Brown, (Historical Preservation) Barbara Hall, (Library) Howson, Lau, (Parks and Recreation) Fae Simmons, (Planning and Zoning) Michael Dahle (Traffic Safety Advisory Commission) Richard Dziewit; and WHEREAS, should future vacancies occur on this committee, the City Council shall, within 60 days from the commencement of the vacancy, fill the vacancy by appointment, thereby simultaneously updating Exhibit A of this Resolution, Committee of Committees Board Member Listing; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1: Composition: Appointment and Terms The Committee of Committees Advisory Board shall be composed of seven (7) members who shall be appointed by the City Council on an annual basis beginning May 31st of each year. Board members will be appointed for staggered two (2) year terms. If any member of the Board shall be absent from scheduled meetings three (3) times without prior notification to the chairman of the board during any twelve (12) month period, the third (3rd) absence shall be construed as the member's resignation from the board for all purposes. All members will represent the entire City, however positions will be numbered and initially all the odd numbered positions will serve a two year term and all the even numbered positions will serve a one year term. Thereafter, all terms will be 2 -year terms. The positions will be randomly assigned at the first board meeting. Section 2: Qualifications of Members. Any member appointed to the Committee of Committees shall be a resident of the City or in the City's ETJ and 18 years of age or older. It is the intent of the City Council that members shall, by reason of diversity, constitute a board that is broadly representative of the community. Section3: Members Serve without Compensation. The members of the Board shall serve without compensation. Section 4: Removal of Members. Any member of the Board may be removed from such membership at any time by the City Council. Section 5: Responsibility; Duties The primary responsibility of the Board shall be to advise the City Council on future planning and long term prioritization of City initiatives, and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and /or City staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. Section 6: Meetings; Quorum The Board shall fix the time and place for its meetings, provided that the Board shall meet at least once a month. Any Four (4) members of the Board constitute a quorum necessary to cause official action to be taken on any matter. All meetings shall be open to the public, and notice of meetings shall be given and meetings shall be conducted in accordance with the Texas Open Meetings Act. Section 7: Staff Liaison. The City Manager and City Secretary will serve as staff liaisons to the Board. All recommendations, comments and reports shall be made to the City Manager, who in turn shall convey such recommendations to the City Council. Section 8: Board Cannot Bind City Council The Board shall act in an advisory capacity only and shall not have the authority to bind or obligate City Council. Section 9. 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 10. 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 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. 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 13. 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 14. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 24th day of May, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A COMMITTEE OF COMMITTEES BOARD MEMBERS Michael Dahle Richard Dziewit Fae Simmons Tim Brown David Reynolds Shonale Burke Barbara Hall A -1 Term Dates May 31, 2018 May 31, 20] 7 May 31, 2018 May 31, 2017 May 31, 2018 May 31, 2017 May 31, 2018 RESOLUTION NO. 15 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING A COMMITTEE OF COMMITTEES ADVISORY BOARD AND PROVIDING FOR THE PURPOSE, ORGANIZATION, APPOINTMENT AND DUTIES OF THE BOARD, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Mayor and City Council seeks to form a task force to address community involvement and future planning for the City of Schertz; and WHEREAS, a task force was formed and has been meeting since December 2014 with 7 members from the various City Boards, Commissions and Committees with the following appointed members: Chair, Michael Dahle, Planning & Zoning Commission, Vice Chair, Richard Dziewit, Transportation Safety Advisory Commission, Vice Chair, Fae Simmons, Parks and Recreation Advisory Board, Tim Brown, Economic Development Corporation Board, Frank McElroy, Board of Adjustment, Howson Lau, Library Board, and Barbara Hall, Historical Preservation Committee. Two additional non -city board members served: Maggie Titterington, President Schertz Chamber of Commerce, and Ed Finley, Schertz - Cibolo- Universal City ISD (SCUCISD); and WHEREAS, Mayor and City Council met and decided to formalize a "Committee of Committees Advisory Board" to continue the work of the task force; and WHEREAS, should a vacancy occur on this committee, the City Council shall, within 60 days from the commencement of the vacancy, fill the vacancy by appointment; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: There is hereby created in and for the City, a board which shall be called the "Committee of Committees Advisory Board" whose purpose shall be for the providing of guidance and feedback on future planning . and long term prioritization of City initiatives. Additionally the Committee of Committees will be responsible for increased communications and coordination between boards. Section 1: Composition: Appointment and Terms The Committee of Committees Advisory Board shall be composed of seven (7) members who shall be appointed by the City Council on an annual basis beginning May 31St of each year. Board members will be appointed for staggered two (2) year terms. If any member of the Board shall be absent from scheduled meetings more than three (3) times without prior notification to the chairman of the board during any twelve (12) month period, the third (3`d) absence shall be construed as the member's resignation from the board for all purposes. All members will represent the entire City, however positions will be numbered and initially all the odd numbered positions will serve a two year term and all the even numbered positions will serve a one year term. Thereafter, all terms will be 2 -year terms. The positions will be randomly assigned at the first board meeting. Section 2: Qualifications of Members. Any member appointed to the Committee of Committees shall be a resident of the City or in the City's ETJ and 18 years of age or older. It is the intent of the City Council that members shall, by reason of diversity, constitute a board that is broadly representative of the community. Section3: Members Serve without Compensation. The members of the Board shall serve without compensation. Section 4: Removal of Members. Any member of the Board may be removed from such membership at any time by the City Council. Section 5: Responsibility; Duties The primary responsibility of the Board shall be to advise the City Council on future planning and long term prioritization of City initiatives, and when directed by City Council or City Staff, assist with projects to include analysis of present and future needs and prioritization, and report their findings back to City Council and /or City staff. Additionally, the Committee of Committees will be responsible for increased communication and coordination between boards. Section 6: Meetings; Quorum The Board shall fix the time and place for its meetings, provided that the Board shall meet at least once a month. Any Four (4) members of the Board constitute a quorum necessary to cause official action to be taken on any matter. All meetings shall be open to the public, and notice of meetings shall be given and meetings shall be conducted in accordance with the Texas Open Meetings Act. Section 7: Staff Liaison. The City Manager and City Secretary will serve as staff liaisons to the Board. All recommendations, comments and reports shall be made to the City Manager, who in turn shall convey such recommendations to the City Council. Section 8: Board Cannot Bind City Council The Board shall act in an advisory capacity only and shall not have the authority to bind or obligate City Council. Section 9. 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 10. 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 11. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 12. 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 13. 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 14. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 8th day of December, 2015. CITY H , TEXAS i hael R. Carpenter, Mayor ATTEST: City Secretary (CITY SEAL) EXHIBIT A COMMITTEE OF COMMITTEES BOARD MEMBERS Michael Dahle Richard Dziewit Fae Simmons Tim Brown Frank McElroy Howson Lau Barbara Hall 50234811.1 A -1 Term Dates May 31, 2016 May 31, 2017 May 31, 2016 May 31, 2017 May 31, 2016 May 31, 2017 May 31, 2016 Agenda No. 7 lei f M401"Llue I NO I Old [Q1 T.1101 DING l City Council Meeting: May 24, 2016 Department: City Secretary Subject: Appointments /Reappointments and Resignations to the various City Boards, Commission and Committees The Interview Board for Boards, Commissions, and Committees held a meeting on Thursday, May 19, 2016 to conduct interviews and consider reappointment to the various Boards, Commissions, and Committees whose terms will be expiring May 31, 2016. The Interview Board requests Council ratify the resignations of: - Mr. Marvin Thomas, from the Economic Development Board - Mr. Grady Morris, Sr., from the Economic Development Board - Ms. Aundra Davis, from the Parks & Recreation Board - Mr. John Cook, from the Traffic Safety Advisory Commission - Mr. Gary Preston, from the Traffic Safety Advisory Commission The members of the Interview Board agreed to recommend to Council the following re- appointments and appointments of the following individuals to various boards, committees and commissions with a term expiration date of May 2018: • Board of Adjustment • Richard Dziewit — Reappoint • Earl. Hartzog — Reappoint • David Reynolds - Reappoint • Committee of Committees Advisory Board • Floy (Fae) Simmons - Reappoint • Barbara Hall — Reappoint • Michael Dahle — Reappoint • Economic Development Corporation • Rosemary Scott — Reappoint • Katie Chain — Appoint as .Regular Member -new • Gary Howell — Appoint as Regular Member - new • Historical Preservation Committee • Dean Weirtz - Reappoint • Debbie Krause - Reappoint • Sue Boissonneault — Reappoint City Council Memorandum Page 2 • Barbara Hall - Reappoint • Lou Foehrkolb — Reappoint • Judith "Lynn" Foehrkolb — Reappoint • Louis Segaloff - Reappoint • Library Advisory Board • Bobbie Boyce - Reappoint • Joanne Ward - Reappoint • Neota Brady - Reappoint • Carol Cyr - Reappoint • Sandy Keiser - Reappoint • Shonale Burke — Reappoint • Rebecca Scheffler - Reappoint • Parks and Recreation Advisory Board • Johnie McDow - Reappoint • Sally Macias — Reappoint • John Sullivan, Jr. - Reappoint • Eric Haugen — Reappoint • William "Bill" Bosch — Appoint as Regular Member - new • Planning and Zoning Commission • Ernest Evans Jr. - Reappoint • Ken Greenwald - Reappoint • Michael Dahle — Reappoint • Bert Crawford - Reappoint • Transportation Safety Advisory Commission (TSAC) • Mark Davis - Reappoint • Larry Franklin - Reappoint • Phillip Rowland — Reappoint • Glen Outlaw — Appoint as Regular Member - new • Roy Ragsdale — Appoint as Alternate Member - new The following boards remain to have the following vacancies: Board of Adjustment Historical Preservation Committee Library Board Parks & Recreation FISCAL IMPACT None 1.75[01]04104 1111►117_111 [1761 1 - 1 Alternate Position - 1 Regular Position - 1 Alternate Position - 2 Alternate Positions City Council Memorandum Page 3 Based on the recommendations by the Interview Board staff recommends Council appoint and re- appoint the above individuals to various boards, commissions, and committees and ratify the resignations designated.