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05-22-2018 Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 22, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 05-22-2018 Council Agenda City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team AGENDA TUESDAY MAY 22, 2018 AT 6:00 P.M. Call to Order – Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Recognition and Presentation • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor/Council/Executive Management) - Student Mayors – Dobie Jr. High, 8th Grade Jordan Collins and Corbett Jr. High, 8th Grade Emma Inselman - Student Councilmembers – Dobie Jr. High, 7th Grade Rebecca Schwabe and Corbett Jr. High, 7th Grade Shannon Quinn Presentations A. Resolution 18-R-57 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving the 2018 Recipient of the Hal Baldwin Scholarship. (B. James/S. Gonzalez) B. Introduction of the FY2018-19 Sweetheart Court Ambassadors. (S. Gonzalez/L. Klepper/M. Spence) C. Presentation by the EMS Department regarding Cardiac Arrest Survivors. (D. Wait/J. Mabbitt) D. Proclamation recognizing National EMS Week. (Mayor/J. Mabbitt) nd discussion regarding short-term rentals and regulations. (L. Wood/B. Cox/C. Gould) 05-22-2018 City Council Agenda Page - 2 - City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) • Announcements and recognitions by the Mayor (M. Carpenter) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding 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. 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 8, 2018. (B. James/B. Dennis) 2. Resolution No. 18-R-58 – Consideration and/or action approving a Resolution authorizing expenditures with Cardio Partners totaling no more than $75,000 for Automated External Defibrillators (AEDs and associated disposal supplies in FY2017-18. (D. Wait/J. Mabbitt) 3. Resolution No. 18-R-59 – Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into Interlocal Agreements with multiple Governmental entities for the provision of Emergency Medical Services. (D. Wait/J. Mabbitt) 4. Resolution No. 18-R-61 – Consideration and/or action approving a Resolution authorizing an agreement for additional Professional Services with Jackson A&E Associates, Inc. related to the design/build project for the construction of the Schertz Playscape Restroom Project. (B. James/L. Shrum/P. Gaudreau) Discussion and Action Items 05-22-2018 City Council Agenda Page - 3 - 5. Ordinance No. 18-T-19 – Consideration and/or action approving an Ordinance authorizing a budget adjustment to renovate the bathroom and shower facilities, and other minor repairs to the Recreation Center and authorizing the Acting City Manager to enter into a contract with Crownhill Construction, Inc., for the repairs, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance, providing an effective date; and declaring an emergency. First and Final (D. Wait) 6. Resolution No. 18-R-60 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz Texas authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. (B. James/J. Walters/M. McLiney/A. Friedman) 7. Ordinance No. 18-D-17 – Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances revising Chapter 86, Article V, Section 86-149 parking prohibited in designated areas along FM 1518/Main Street. First Reading (B. James/K. Woodlee/C. Palomo) 8. Ordinance No. 18-D-18 - Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances revising Chapter 86, Section 86- 115, Maximum Limits generally on specific streets; adding maximum speed limits of IH 35 and IH 10 frontage roads to limits. First Reading (B. James/K. Woodlee/C. Palomo) Roll Call Vote Confirmation Workshop • Update and presentation regarding the Fire Station Master Plan. (D. Wait/K. Long) • Discussion and possible action regarding the City Council Rules of Conduct and Procedure. (Item requested by Mayor Carpenter) Closed Session 9. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Reconvene into Regular Session 9a. Take any action based on discussions held in closed session under Agenda Item 9. Roll Call Vote Confirmation Requests and Announcements • Announcements by the Acting City Manager. 05-22-2018 City Council Agenda Page - 4 - • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers 10. Information available in City Council Packets - NO DISCUSSION TO OCCUR • First Quarter 2018 SEDC Economic and Project Update. (B. James/ K. Kinateder) • Amazon.com.kydc – 2017 Payment of the property tax grant per the Economic Incentives Agreement. (B. James/K. Kinateder) • Crescent Bend Nature Park Cul-de-sac Asphalt Project. (B. James/L. Shrum) • Update regarding the Arroyo Verde Road Repair Project. (D. Wait/R. Martinez) Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF MAY 2018 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. BRENDA DENNIS Brenda Dennis, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2018. _____________________________________________Title:_________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. 05-22-2018 City Council Agenda Page - 5 - Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Main Street Committee Councilmember Scagliola – Place 5 Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz-Seguin Local Government Corporation – Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis– Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Gutierrez – Place 2 Audit Committee Investment Advisory Committee Councilmember Larson – Place 3 Main Street Committee – Vice Chair Investment Advisory Committee Councilmember Edwards – Place 4 Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser – Place 6 Schertz Animal Services Advisory Commission Audit Committee Councilmember Crawford – Place 7 Schertz-Seguin Local Government Corporation Interview Committee for Boards and Commissions TIRZ II Board Agenda No. A CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: City Manager Subject: Resolution No. 18-R-57 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving the 2018 Recipient of the Hal Baldwin Scholarship. (B. James/S. Gonzalez) BACKGROUND By Resolution No. 09-R-03 in 2009, the City Council established the Hal Baldwin Scholarship and on February 27, 2018 the City Council appointed an Advisory Committee to assist the City Council with the Scholarship process for 2018. At the City Council meeting on May 8, 2018, the Advisory Committee presented their recommendation of the 2018 recipient for the Scholarship: Sharlee Krkosa - $5,000 Ms. Krkosa is a senior at Randolph High School and will attend the University of the Incarnate Word in the fall. She will major in education and focus on child development, sociology and psychology with her ultimate goal of becoming a teacher. FISCAL IMPACT $5,000 to come from Hal Baldwin Scholarship Fund RECOMMENDATION Adoption of Resolution 18-R-57 ATTACHMENT Resolution 18-R-57 RESOLUTION NO. 18-R-57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2018 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; and WHEREAS, this scholarship is awarded to graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, students desiring to be considered for the Scholarship must attend at least two Schertz City Council meetings, prior to submitting their application; and WHEREAS, students must submit a statement that describes what the meaning of public service is to them and a statement regarding their educational goals and career intentions that reflects his or her interest 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 Sharlee Krkosa receive the Hal Baldwin Scholarship for 2018; and WHEREAS, the City Council hereby finds that awarding Sharlee Krkosa the 2018 Hal Baldwin Scholarship serves a public purpose by encouraging and assisting a Schertz graduating high school senior pursue her interest in public service at the collegiate level. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council hereby awards the 2018 Hal Baldwin Scholarship in the amount of $5,000 to Sharlee Krkosa. 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 22nd day of May, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (City Seal) Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular meeting on May 8, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting held on May 8, 2018. Regular Meeting of May 8, 2018 minutes 05-08-2018 Minutes Page - 1 - MINUTES REGULAR MEETING May 8, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 8, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Pro-Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Scott Larson Councilmember Cedric Edwards Councilmember Angelina Kiser Councilmember Bert Crawford Staff Present: Acting City Manager Brian James Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez City Attorney Dan Santee City Secretary Brenda Dennis Absent: Mayor Michael Carpenter Councilmember Mark Davis Call to Order – City Council Regular Session Mayor Pro-Tem Scagliola called the regular meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Ralph Gutierrez) Presentation • Proclamation recognizing Police Week. (Mayor Pro-Tem Scagliola) Mayor Pro-Tem Scagliola read the proclamation recognizing Police Week and congratulated city staff members on the great job they are continuing to do. • Presentation regarding the Hal Baldwin Scholarship Award Recommendations. (B. James/S. Gonzalez) regarding short-term rentals and regulations. (L. Wood Mayor Pro-Tem Scagliola recognized Assistant to the City Manager Sarah Gonzalez who provided information regarding the number of applicants for the scholarship. Ms. Gonzalez stated that the winner will be awarded the scholarship at the May 22, 2018 meeting. Ms. Gonzalez recognized the Hal Baldwin Scholarship Committee members present. Ms. Susan Beck came forward thanking the city for the continued opportunity to provide a scholarship in her father’s name. She stated the applications were very impressive and she announced that the committee’s recommendation is to award a scholarship in the amount of $5,000 to Miss Sharlee Krkosa a senior at Randolph High School. 05-08-2018 Minutes Page - 2 - City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Wednesday, May 9th San Antonio Manufacturing Association’s Annual Trade Show, 10:00 am – 4:00 pm Freeman Coliseum Exposition Hall - Contact EDC to secure your tickets. Thursday, May 10th Northeast Partnership Meeting 11:30 am, Olympia Hills Golf and Conference Center Saturday, May 12th Spring Bird Expo 9:00 am – 5:00 pm Civic Center - The Alamo Exhibition Bird Club will hold their annual Spring Bird Expo. Admission is $5. For more information, go to aebc.org Tuesday, May 15, 2018 – No Council Meeting Saturday, May 19th EMS Golf Tournament 2018 1:30 pm, Olympia Hills Golf Club - Registration begins at 12:00 pm - $360 per team or $90 per person - Contact EMS X1400 Monday, May 21st Monthly Chamber Mixer 5:30 pm FM 3009 Restaurant Tuesday, May 22nd Cardiac Saves Night City Council Meeting 6:00 pm Council Chambers • Announcements and recognitions by the Acting City Manager (B. James) Mr. James reminded Council that in their packets are updates regarding the EMS fees, large repairs/CIP Projects, and an update regarding staff seeking proposals for Employee Benefits Brokerage Service. • Announcements and recognitions by the Mayor (M. Carpenter) No announcements were provided. 05-08-2018 Minutes Page - 3 - Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke regarding the need to improve the roads at Wiederstein, I-35 and FM 1103 and to engage Council moving forward to continue to work together with the City of Cibolo. • Mr. Preston Granger, 137 Thomas Edison Drive, who spoke on the possibility of re-zoning a residential property, 513 Exchange, to commercial property. Mayor Pro-Tem Scagliola directed Mr. Granger to speak to Planning and Community Development Director Lesa Wood. • Ms. Penny Jennings, 2501 Hourless Oaks, who also addressed Council regarding Wiederstein, I-35 and Old Wiederstein road repair needs and a possible signal light at Wiederstein and Old Wiederstein. She also echoed the comments of Mr. Bolter to work together with the City of Cibolo and encouraged it. • Mr. Grumpy Azzoz, 528 Wayward Pass, who addressed Council regarding the EVO project and the need to work with the City of Cibolo and to also address some road issues. He stated it is time to get along with Cibolo and reach out to them. Mr. Azzoz also addressed the Meet the Candidates event and the need for it to be revised and allow candidates to address questions from the audience instead of chosen questions. He stated we need to hold our own; change is needed to be more transparent. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular meeting of May 1, 2018. (B. James/B. Dennis) 2. Ordinance No. 18-T-15 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2017- 2018 budget to recognize additional Library donations, to transfer funds from the Library Board to the Library Personnel Budget and authorize a temporary summer employee, to increase the budget for the temporary sewer treatment plant expansion, and to increase the budget for 3rd party inspection services; repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing an effective date. Final Reading (B. James/J. Walters) The following was read into record: 05-08-2018 Minutes Page - 4 - ORDINANCE NO. 18-T-15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017-2018 BUDGET TO RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO TRANSFER FUNDS FROM THE LIBRARY BOARD TO THE LIBRARY PERSONNEL BUDGET AND AUTHORIZE A TEMPORARY SUMMER EMPLOYEE, TO INCREASE THE BUDGET FOR THE TEMPORARY SEWER TREATMENT PLANT EXPANSION, AND TO INCREASE THE BUDGET FOR 3RD PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 18-R-54 – Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an Interlocal Agreement with the Comal County District Attorney in reference to the disposition of seized property and contraband. (D. Wait/M. Hansen) The following was read into record: RESOLUTION NO. 18-R-54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COMAL COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 18-R-55 – Consideration and/or action approving a Resolution for authorizing a Community Development Block Grant Program Cooperative Agreement with Bexar County. (B. James/S. Gonzalez) The following was read into record: RESOLUTION NO. 18-R-55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATIVE AGREEMENT WITH BEXAR COUNTY, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 18-R-38 - Consideration and/or action approving a Resolution authorizing the Acting City Manager to allow Cibolo Creek Municipal Authority (CCMA) to perform the site preparation and installation of a leased pre-packaged sewer treatment plant to expand waste water treatment capacity at the Woman Hollering Treatment Plant. (D. Wait) The following was read into record: 05-08-2018 Minutes Page - 5 - RESOLUTION NO. 18-R-38 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ALLOW CIBOLO CREEK MUNICIPAL AUTHORITY TO PROCEED WITH WORK FOR THE INSTALLATION OF A LEASED PRE-PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 18-R-56 – Consideration and/or action approving a Resolution releasing and terminating a sanitary sewer easement on Lot 2, Block 11 of the Verde Enterprise Business Park, Unit 14A Subdivision. (B. James. K. Woodlee) The following was read into record: RESOLUTION NO. 18-R-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RELEASING AND TERMINATING A SANITARY SEWER EASEMENT ON LOT 2, BLOCK 11 OF THE VERDE ENTERPRISE BUSINESS PARK UNIT 14-A SUBDIVISION; AND OTHERS MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Scagliola recognized Councilmember Crawford who moved seconded by Councilmember Kiser to approve the consent agenda items 1 through 6. The vote was unanimous with Mayor Pro-Tem Scagliola, Councilmembers Gutierrez, Edwards, Kiser and Crawford voting for and no one voting no. Councilmembers Larson and Davis were absent. Motion Passed. Councilmember Larson arrived at 6:35 p.m. Mayor Pro-Tem Scagliola recognized Councilmember Edwards who asked for a point of privilege and addressed comments from Mr. Bolter. Councilmember Edwards stated that we are definitely open to talking to the City of Cibolo. In our community we are certainly open to talking to all of our neighbors. We realize that we need to get things done and get the biggest bang for our buck for all of our citizens. What he is saying, and this is a matter of record, he would encourage the Cibolo City Council and the Mayor to reach out to us; this is a great idea and we have been doing this for years and he doesn’t see a reason for it to stop now. We all have something to gain in working together and we all have something to lose if we are not working together. We have worked so well in the past and it is important to go forward. Our residents are demanding it and the bottom line is, it is an efficient way of spending the taxpayer’s dollars. Mayor Pro-Tem Scagliola recognized Councilmember Crawford who stated that he has also spoken to Mr. James (Schertz Acting City Manager) and Mr. Herrera (Cibolo City Manager) and others about Wiederstein Road and Old Wiederstein Road for the last year. It takes money and 05-08-2018 Minutes Page - 6 - time and he stated that he is happy to speak to Mr. Bolter on these conversations. Councilmember Crawford stated that staff has been working on this, but it doesn’t always get publicized. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote for Items 1-6. Mayor Pro-Tem Scagliola stated that he normally doesn’t like to interrupt the meeting into closed session in the middle of the meeting and was wondering if they should postpone it as we are two councilmembers shy this evening. Mayor Pro-Tem Scagliola recognized Councilmember Edwards who asked with some professional courtesy or any leeway to do the requests and announcements then go into the closed session if his colleagues would be okay with that. Mayor Pro-Tem Scagliola concurred. Mayor Pro-Tem Scagliola moved to the workshop section of the agenda. Workshop • Discussion regarding short term space needs. (D. Wait/J. Harshman/T. Buckingham) Executive Director Dudley Wait provided a PowerPoint presentation regarding this topic. He provided various reasons for the need to create more short-term facility space for staff and equipment. Some suggestions included using the Council Chambers more often, utilizing 27 Commercial Place and 11 Commercial Place as well as partnering with Guadalupe County on the future remodel of the old Riedel Furniture building on FM 78. He provided information on what remodeling features and funding would be needed for all those buildings. This plan would allow for more space for various departments such as Engineering, Public Works, Fleet Services, Court, and Parks. A second option/idea for the Riedel Building would be to partner with the City of Cibolo and Guadalupe County regarding establishing a joint-use Emergency Operations Center (EOC). Mr. Wait and Acting City Manager Brian James addressed questions and comments from Council. • Discussion regarding updated and new HR Policies and Guidelines. (D. Wait/J. Kurz) HR Director Jessica Kurz provided a PowerPoint presentation on the main topics of discussion and addressed comments and questions from Councilmembers afterwards. The presentation covered several current City polices that staff is reviewing such as those related to employee resignations, filling position vacancies and promotions. Other related topics include the determination of salaries and the use of terminal leave (final leave consisting of accumulated vacation leave requested to be used by an employee just prior to separation from the City). The presentation included outlines of the current city policies, problem definitions, benchmarking and some key decision points to discuss with Council. 05-08-2018 Minutes Page - 7 - The main proposed policies were in regard to Separation, Salary Determination, and Position Vacancies. As staff continues to work through some drafts of the new/revised policies, they will come forward to Council once again for more feedback and direction. Mayor Pro-Tem Scagliola recognized some distinguished visitors in the audience, Guadalupe County Commissioners Jim Wolverton and Judy Cope. • Worksession Discussion on Anticipated Bond Issuance. (B. James/J. Walters) Finance Director James Walters provided a PowerPoint presentation regarding projects funded through recent debt issuances which include roadway rehabilitation projects, Schertz Parkway improvements, park maintenance, trail improvements, Recreation Center window replacements, the Senior Center remodel, Fire Station 2 repairs, etc. Some staff recommendations for the 2018 bond issuance include more roadway rehabilitation projects, parks maintenance, pool repairs, Recreation Center bathroom reconstruction, multiple building repairs, Fleet Facility remodel, etc. The 2018 issuance would also include water and sewer fund debt. The City can issue two main types of bonds, General Obligation (GO) or Certificates of Obligation (CO). CO bonds can be issued faster and cheaper since they don’t have to wait for or fund an election. All bonds in the next issuance are CO bonds. Staff is anticipating bringing the notice for Council approval on May 22 and the sale of debt would be mid-July. Funds would be received in early August. Mr. Walters and Acting City Manager Brian James addressed questions and comments from Council. Closed Session 7. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor Pro-Tem Scagliola convened into closed session at 8:12 p.m. Reconvene into Regular Session Mayor Pro-Tem Scagliola reconvened into regular session at 8:44 p.m. 7a. Take any action based on discussions held in closed session under Agenda Item 7. No action taken. Requests and Announcements 05-08-2018 Minutes Page - 8 - • Announcements by the Acting City Manager. No further announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro-Tem Scagliola recognized Councilmember Edwards who stated this is not an item on the agenda, but he wanted an update on Live Oak Road; he stated he would get with Mr. James on his request. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Pro-Tem Scagliola recognized Councilmember Gutierrez who stated the 2nd City of Schertz Shred Day was a success and thanked all staff involved. He stated that the music in the park event was also a success and thanked everyone involved in it; it was a great event. Mayor Pro-Tem Scagliola recognized Councilmember Edwards who thanked everyone involved in the 2nd City of Schertz Shred day event. He stated the location was great. Mayor Pro-Tem Scagliola recognized Councilmember Kiser who thanked everyone for the success of the Sweetheart Coronation. Councilmember Kiser congratulated Miss Schertz, Halle Klinge, Miss Jubilee, Brigid Krbec, Miss Friendly City, Megan Moral and Miss Sunshine, Olivia Coats. Mayor Pro-Tem Scagliola recognized Councilmember Crawford who also commented on the success of the Sweetheart Coronation and the 2nd City of Schertz Shred day event. Mayor Pro-Tem Scagliola stated the Sweetheart Court Coronation was a great event, thanking everyone involved in its success. He also thanked city staff for their involvement in the 2nd City of Schertz Shred day event. 8. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Update regarding EMS Fees. (D. Wait/J. Mabbitt) • Update regarding large repairs/CIP Projects. (D. Wait/J. Harshman/T. Buckingham) • Update regarding seeking proposals for Employee Benefit Brokerage Services. (D. Wait/J. Kurz) 05-08-2018 Minutes Page - 9 - Adjournment As there was no further business, Mayor Pro-Tem Scagliola adjourned the meeting at 8:51 p.m. ________________________________ David Scagliola, Mayor Pro-Tem ATTEST: __________________________________ Brenda Dennis, City Secretary 50077367.2 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: EMS Subject: Resolution No. 18-R-58 - A Resolution authorizing purchases with Cardio Partners of up to $75,000 for the purchase of Automated External Defibrillators (AEDs) BACKGROUND Automated External Defibrillators (AED’s) are portable electronic devices that diagnose life threatening cardiac arrhythmias on individuals in cardiac arrest and treats them by delivering electricity to the heart in an effort to re-establish a life sustaining rhythm. When used early in a cardiac arrest and in conjunction with CPR, AED’s can be the difference between someone surviving cardiac arrest and death. The American Heart Association recommends that AED’s be placed in all public areas, especially where people gather in large groups. The more AED’s available to the public, the greater the chance that a layperson will be able to use one when the time comes. Schertz EMS currently has an AED program in place in which we sell and maintain multiple AED’s in the Community. When we sell an AED, we typically include a “package” deal which includes not only the AED unit itself but the training in its’ use, the medical direction, the protocol for use as well as tracking of serial numbers and expiration dates of the disposables. We possess the software to troubleshoot any issues that arise as well as to download any events in which the AED may be used. Customers may also come back to us to purchase new AED pads and batteries when the time comes for them to do so. Cardio Partners is the vendor that Schertz EMS uses to purchase AED units and accessories. We have obtained multiple quotes from other vendors and Cardio Partners is able to offer us the best pricing. It is our belief that we will spend up to $75,000 with this vendor due to the recent increased demand in our customers wanting to purchase AED’s. We have spent a total of $43,000 within this FY with Cardio Partners. We have supplied AED’s for multiple area police departments, fire departments, churches and other public buildings. 50077367.2 COMMUNITY BENEFIT Our Community will continue to benefit from the strategic placement of AED’s across our service area so that these units can be available when the need arises. It is the mission of Schertz EMS to train as many people in CPR and the use of an AED per year as possible. We are able to offer competitive pricing, which makes the purchasing of an AED for local businesses or churches easier. Schertz EMS provides the training and maintenance on the units, which makes the process of owning an AED easier as well. FISCAL IMPACT Schertz EMS will purchase the units from Cardio Partners and sell them as a package deal to our customers to include training and maintenance. The sales price of the package always recovers the cost of what is spent with Cardio Partners, therefore there is no negative fiscal impact to the department. This transaction does bring in revenue to support more CPR training and other Community Health related expenses. These funds are already approved in the EMS Department for this fiscal year. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 18-R-58 authorizing expenditures in excess of $50,000 but not to exceed $75,000 in Fiscal Year 2017-2018 with Cardio Partners. ATTACHMENTS Resolution 18-R-58 RESOLUTION NO. 18-R-58 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES WITH CARDIO PARTNERS TOTALING NO MORE THAN $75,000 FOR AUTOMATED EXTERNAL DEFIBRILLATOR AND ASSOCIATED DISPOSABLE SUPPLIES IN FISCAL YEAR 2017-2018. WHEREAS, the availability of bystander CPR and AED’s leads to higher cardiac arrest survival in a community; and WHEREAS, the EMS Department has a robust CPR training program where CPR is taught to hundreds of individuals every year; and WHEREAS, the EMS Department has over 173 AED’s placed across the community in schools, churches, fitness facilities, first responder vehicles and local businesses; and WHEREAS, the EMS Department provides AED’s and AED services to any person or business that desires to have an AED device available for public use throughout their service area; and WHEREAS, City staff has determined that Cardio Partners is the best vendor to purchase these supplies from due to competitive pricing and rapid order turn around; and WHEREAS, City Council has authorized funding for the purchase of AEDs with the approval of the Budget for Fiscal Year 2017-2018; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize spending with Cardio Partners in an amount not to exceed $75,000 on AED units and supplies for the 2017-2018 Fiscal Year. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes spending in excess of $50,000 but not to exceed $75,000 with Cardio Partners for AED units and associated disposable supplies. 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. 50077397.1 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 22nd day of May, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50077397.1 A-1 EXHIBIT A ________________ SERVICES AGREEMENT Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: EMS Subject: Resolution No. 18-R-59 Authorize the Acting City Manager to enter into Interlocal Agreements with the cities and emergency services districts served by Schertz Emergency Medical Services BACKGROUND Schertz Emergency Medical Services provides regional ambulance transportation to the communities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma and Universal City. We also serve Comal County ESD #6 which includes the City of Garden Ridge, Bracken community and the areas along F.M. 3009 to State Highway 46. Each of these communities has contributed financially to subsidize the EMS services with the “per capita” funding formula since it was adopted in the late 1990’s. In FY 2012-13, the City entered into a five-year agreement which will end at the end of this current fiscal year. In preparation for this, we have met with each of our City’s and ESD #6 to seek agreement on another five year interlocal agreement. Each entity has agreed to this extension. The interlocal agreement language attached as Exhibit A, is the same language that is in the current agreement. FISCAL IMPACT The per capita fees received from our Cities/ESD makes up 54% of our annual cash collections or 28% of total revenue. With this five-year extension, the per capita rate is being increased 2% (from $14.45 to $14.74) based on the annual Medical CPI. The total expected per capita payments for FY 2018-19: FY 2017-18 ($14.45) FY 2018-19 ($14.74) Population Total Population Total Cibolo 23,977 $346,467.65 27,855 $410,582.70 Schertz 38,500 $556,325.00 39,453 $581,537.22 Live Oak 14,751 $213,151.95 15,749 $232,140.26 Universal City 19,466 $281,283.70 20,359 $300,091.66 Selma 7,602 $111,886.35 10,088 $148,697.12 Comal Co ESD 6 8,258 $119,328.10 8,258 $121,722.92 Santa Clara 723 $10,447.35 732 $10,789.68 Marion 1,051 $15,186.95 1,109 $16,346.66 Total 114,328 $1,654,077.05 123,603 $1,821,908.22 City Council Memorandum Page 2 RECOMMENDATION Staff recommends approval of Resolution No. 18-R-59 authorizing the Acting City Manager to enter into the updated interlocal agreements with the EMS customer Cities and ESD #6. ATTACHMENT Resolution No. 18-R-59 with Interlocal Agreement attached RESOLUTION NO. 18-R-59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO INTERLOCAL AGREEMENTS WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has recommended that the City renew Interlocal Agreements with surrounding communities and emergency service districts relating to the provision of emergency medical services within those jurisdictions by the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with these surrounding communities and emergency service districts pursuant to the Interlocal Agreement attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the Acting City Manager to execute and deliver the Agreement with each contracting jurisdiction in substantially the same form set forth on Exhibit A. Future amendments to the Agreement or replacement interlocal agreements with any jurisdiction that do not change or increase the City’s obligations to provide services but that solely have the effect of increasing the jurisdiction’s payments to the City may be executed by the Acting City Manager without further action by the City Council. 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. 50506221.1 - 2 - 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 22nd day of May, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 3 - EXHIBIT A INTERLOCAL AGREEMENT EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT This Emergency Medical Services Interlocal Agreement, effective as of October 1, 2018 (this “Agreement”), is between the City of Schertz, Texas, a political subdivision of the State of Texas (the “City”), and the {insert political subdivision name}, a political subdivision of the State of Texas (the “Contracting Jurisdiction”). WHEREAS, the City has an emergency medical services department known as Schertz EMS (the “Department”) which provides certain emergency medical services within the City and, by interlocal agreement, within other jurisdictions; WHEREAS, the Contracting Jurisdiction desires to contract with the City for the provision of certain emergency medical services within the Contracting Jurisdiction in order to preserve and protect the health and safety of persons within the Contracting Jurisdiction; WHEREAS, the City and the Contracting Jurisdiction have determined to enter into this Agreement relating to the provision of certain emergency medical services within the Contracting Jurisdiction and to set out the terms, rights, duties, and responsibilities of the City and the Contracting Jurisdiction with respect thereto; WHEREAS, the City and the Contracting Jurisdiction have determined that the provision of certain emergency medical services is a public purpose and within their statutory powers of government; and WHEREAS, the City and the Contracting Jurisdiction are political subdivisions of the State of Texas and are authorized the execute this Agreement pursuant to Texas Government Code Chapter 791.001, as amended; NOW, THEREFORE, THE CITY AND THE CONTRACTING JURISDICTION, ACTING BY AND THROUGH THEIR DULY AUTHORIZED OFFICERS, HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. Purpose. (a) The City agrees that during the term of this Agreement the City shall respond to all calls for emergency medical assistance and emergency medical transport and advanced life support service with mobile intensive care unit capability (the “Emergency Medical Services”) within the jurisdiction of the Contracting Jurisdiction (the “Service Area”). The Contracting Jurisdiction understands and agrees that timeliness of response is dependent on the level of demand throughout the Department’s response area and that calls are answered on a next-available-ambulance basis. (b) The Contracting Jurisdiction shall arrange for dispatch of requests for assistance directly to the Department by the Department’s radio frequency or via telephone to the Department’s primary dispatch agency (City of Schertz Police Department). Such dispatch services shall be initiated on the radio frequency specified and in a manner approved by the Department. (c) The Department shall observe and comply with all applicable federal, state, county, and City laws, rules, ordinances, and regulations which in any manner affect the provision of the services described in this Agreement and shall perform such services in a professional manner in accordance with standard emergency medical services practice. (d) The City agrees to permit the Contracting Jurisdiction to review the Department’s run statistics maintained in the Department’s offices. Due to patient privacy considerations, reports containing specific patient information shall not be made available to the Contracting Jurisdiction without the appropriate written consent of the patient or the patient’s authorized representative or without a specific court order. Section 2. Term and Renewal . This Agreement shall be for a term commencing with the effective date of this Agreement through and including September 30, 2019 (the “Initial Term”). This Agreement shall thereafter shall be automatically renewed for four (4) succeeding periods of one year (each, a “Renewal Term”) unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided at least one year prior to the desired end of this Agreement. Section 3. Consideration. (a) In consideration of the City’s provision of the Emergency Medical Services during the Initial Term and each Renewal Term, the Contracting Jurisdiction agrees to pay the City $14.74 per citizen based upon the most recent population estimates agreed upon by the Contracting Jurisdiction and the City payable in four equal installments on the first day of each quarter of the Contracting Jurisdiction’s fiscal year. This Initial Term payment will be {Total Dollar Amt} based upon a population of {Population} people. (b) Prior to the beginning of each Renewal Term, the Consideration per citizen may be increased based upon the most recent 12-month Consumer Price Index for All Urban Consumers (CPI-U) for Medical Care to a maximum of 3%. In addition, population estimates for the Service Area shall be updated for each Renewal Term and shall be effective with the beginning of each Renewal Term. (c) Any party paying for the performance of governmental functions or services must make such payments from current revenues available to the paying party. (d) The Contracting Jurisdiction agrees that, in addition to the fee payable by the Contracting Jurisdiction to the City pursuant to Section 3(a), patients shall be billed by the City for all services rendered to them by the Department. The Contracting Jurisdiction agrees to assist the City in developing information to permit the City to collect such charges. In no event shall the City or the Contracting Jurisdiction be responsible for payment of such patient charges. Section 4. Authorization. This Agreement has been duly authorized by the governing bodies of the City and the Contracting Jurisdiction. Section 5. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions hereof shall continue in full force and effect. Section 6. Amendments. This Agreement represents the complete understanding of the City and the Contracting Jurisdiction with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties and the consent of the City. Section 7. Governing Law. This Agreement shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] IN WITNESS WHEREOF, the undersigned have entered into this Emergency Medical Services Interlocal Agreement, effective as of the date first above written. CITY OF SCHERTZ, TEXAS By City Manager (INSERT POLITICAL SUBDIVISION NAME) By Title Agenda Item 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Parks & Recreation Subject: Resolution No. 18-R-61 – Authorizing an agreement for additional professional services with Jackson A&E Associates, Inc. related to the design/build project for the construction of the Schertz Playscape Restroom Project. (B. James, L. Shrum) BACKGROUND On February 13, 2018 City Council authorized an extension to the contract with Jackson A&E Associates, Inc. for owner’s representative services for the construction of Fire Station 3 project and the Recreation Center Locker Room project. At that time Staff proposed developing an RFQ to solicit requests to provide owner’s representative services for future projects. Staff is working to develop the RFQ and anticipates that occurring this summer. City staff has been working on the Community Playscape Restroom Project in-house up to this point, but because of the total cost of the project, state laws necessitate an engineer oversee the project. Due to time constraints and technical complexity of the project it was deemed that the services of an owner’s representative that is an engineer were needed to complete the project. In addition, poor soils at the restroom location have necessitated the need for a geotechnical assessment for the foundation preparation and materials testing and compaction testing is needed for the soils brought in. The restroom building itself is completed and awaiting installation. Jackson A&E Associates Inc. has submitted a proposal to facilitate the necessary geotechnical services, materials testing services, site plan development, and utility connections needed to complete the project. Staff is proposing to use Jackson A&E for this project to move it along quickly and given Jackson A&E’s familiarity with the site given their work on the Aquatics Facility and the Playscape. Goal For City Council to authorize the Acting City Manager to enter into an agreement with Jackson A&E Associates Inc. for Owner’s Representative Services to facilitate completion of the design/build Community Playscape Project. Community Benefit The project will provide a restroom facility for a highly-used community park. Summary of Recommended Action Approval of Resolution 18-R-61 FISCAL IMPACT The services in this agreement will be provided for $3,500 per month, not to exceed 160 calendar days or $17,500. That being stated it is estimated that this project will only take two months to complete barring and unexpected complication. This does not include expenses. Funds for Professional Services for the Playscape Restroom Project are budgeted in the Park Fund. ATTACHMENTS Resolution 18-R-61 Professional Services Agreement from Jackson A&E Associates RESOLUTION NO. 18-R-61 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT FOR ADDITIONAL PROFESSIONAL SERVICES WITH JACKSON A&E ASSOCIATES, INC. RELATED TO THE DESIGN/BUILD PROJECT FOR THE CONSTRUCTION OF THE SCHERTZ PLAYSCAPE RESTROOM PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City requires additional professional services relating to monitoring and managing the Playscape Restroom Project on behalf of the City; and WHEREAS, City staff has determined that Jackson A&E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4) of the Texas Local Government Code, the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute a contract with Jackson A&E Associates, Inc., pursuant to the Professional Services Agreement attached hereto as Exhibit A (the “Agreement”), related to monitoring and managing the Playscape Restroom Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Section 1. The City Council hereby authorizes the Acting City Manager to execute and deliver the Agreement with Jackson A&E Associates, Inc., in substantially the form set forth on Exhibit A, totaling no more than $17,500, plus other applicable reimbursable expenses in accordance with the attached agreement . 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 22nd day of May, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: Brenda Dennis, City Secretary (CITY SEAL) A-1 EXHIBIT A JACKSON A&E ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT JACKSON A&E ASSOCIATES, INC. Architectural and Engineering Consulting 2204 Grayson Road McKinney, Texas 75070 214-673-7557 www.jacksonae.com April 5, 2018 Mr. Brian James Interim City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for Owner’s Representative Services Dear Mr. James: Jackson A&E Associates, Inc. (JA&E) is pleased to submit this Proposal to perform Owner‘s Representative Services for the City of Schertz, Texas. We appreciate the opportunity to provide our professional services and look forward to working with the City of Schertz staff. Presented below is our understanding of the proposed projects and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of Owner’s Representative Services for tasks as directed by the City of Schertz (City), Texas to assist in the Design/Build project for the construction of the Schertz Park Restroom Building on the site of the Playscape. The City will provide all information available regarding the project, project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. SCOPE OF SERVICES The Total Scope of Services for Owner’s Representation Services for the above project is proposed to follow thru until the completion of the project or twelve months beginning on the acceptance of this Proposal. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 2 of 10 EXCLUDED SCOPE ITEMS The following items are excluded from the Scope of Services: § Post construction control and administration. § Facilitation of formal partnering with the entire project team throughout the project. § Coordination of any required formal dispute resolution in concert with City Attorney. § Participation in the development and implementation of a project commissioning plan. § Move management. ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. SCHEDULE Jackson A&E Associates, Inc. can begin work on this project upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation is immediate. The total time frame anticipated to perform all phases of the Scope of Services is anticipated not to exceed 160 calendar days. A secure office space and facility access will be provided by the City for JA&E’s use and storage of project plans and documentation. PROFESSIONAL SERVICE FEES The fee for JA&E’s professional services on the Projects as described in this proposal is based upon the information provided for the project, the Scope of Services only, the time frame anticipated, the referenced terms and conditions, and is $3,500.00 per month or portion thereof which does not include direct expenses. Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall be reimbursed at the actual costs without markup. Reasonable telephone, postage and copying expenses are included. One color paper copy and one electronic copy (in PDF format) of all correspondence and reports are included. Other reimbursable expenses or direct costs attributable to the project required will be billed in addition to these with no markup. Professional Liability Insurance cost shall be billed at the actual cost plus ten percent. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 3 of 10 Any additional professional services required beyond this scope will be billed at the rate of $175.00 per hour. Professional services related to legal proceedings shall be billed at one and one-half times the scheduled rate. PAYMENTS City agrees to pay JA&E’s invoice upon receipt. If payment is not received within 30 days from the City’s receipt of JA&E’s invoice which is considered past due, City agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorney’s fees and expenses if collected through an attorney. After five days prior notice to City, JA&E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA&E within 45 days of City’s receipt of JA&E’s invoice. City receipt of invoice will be presumed one day after hand or electronic delivery. SUMMARY Jackson A&E Associates, Inc. understands your need for Owner’s Representative Services and is committed to providing you responsive, effective and timely consulting services on this project. To authorize this proposal, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the agreement for this project Respectfully submitted, Jackson A&E Associates, Inc. City of Schertz, Texas Philip R Gaudreau, Assoc AIA, CSI Brian James, Interim City Manager Managing Principal City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 4 of 10 APPENDIX A SCOPE OF SERVICES OWNER REPRESENTATION SERVICES PROFESSIONAL SERVICES I. During the professional services procurement, we will: A. Participate in discussions with representatives of the City of Schertz to refine the scope of the project. B. Meet with the City selected Design/Build firm and the City User Group as needed. C. The need for specialty consultants will be evaluated for issues such as geotechnical engineers, Materials Testing Laboratories as needed. II. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS PREPARATION During the documentation preparation phase, we will: A. Conduct periodic meetings of the entire project team to address project status, issues and concerns. B. Review and analyze the drawings, budgets, meeting minutes and other descriptive material produced. C. Review geotechnical and environmental reports and advise the City on issues, potential effects and risks to the project. D. Review information produced applicable to local, state and federal codes and regulations, including zoning, energy, handicap access, storm-water runoff, and others which typically cause impact for projects of the nature anticipated. III. CONSTRUCTION OBSERVATION AND CONTRACT CLOSEOUT During the construction observation phase, we will: A. Make scheduled site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 5 of 10 the status of construction completion. B. Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. C. Report on the progress of the construction to date in relation to the Design/Build firm’s projected construction schedule, noting concerns or issues with sequencing or completion timing. D. Review existing and ongoing soils, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. E. Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. F. Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. G. Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. H. Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. I. Review safety programs developed by the Design/Build firm for the contractors and subcontractors and note any deficiencies in the implementation of such programs. During the contract closeout phase and upon substantial completion of the Project, we will: A. Assist in the creation of the City’s punch list. B. Review the Architect’s punch list identifying the remaining items necessary for correction and completion of Contractor’s work and evaluate whether said list City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 6 of 10 is complete and correct based on previous monthly observation, and see to the timely completion and resolution of such items on the punch list. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 7 of 10 JA&E TERMS AND CONDITIONS Jackson A&E Associates, Inc. (JA&E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1. SERVICES. Jackson A&E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA&E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay JA&E’s invoice upon receipt. If payment is not received within 30 days from the Client’s receipt of JA&E’s invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days prior notice to Client, JA&E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA&E within 45 days of Client’s receipt of JA&E’s invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA&E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA&E for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. JA&E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA&E’s profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4. INSURANCE. JA&E maintains insurance coverage as follows: Automobile Liability Insurance above the Texas minimum. 5. PROFESSIONAL LIABILITY. JA&E does not carry Professional Liability Insurance. For additional consideration from JA&E of $1.00, receipt of which is hereby acknowledged, Client agrees that JA&E’s liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by JA&E will be limited to an aggregate of $10,000.00. If Client requires JA&E to have professional liability, JA&E agrees to try to acquire such insurance up to a maximum of $1,000,000, upon Client’s written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of JA&E’s total costs. This limitation shall not apply to the extent prohibited by law. 6. EXTENSION OF PROTECTION. Client agrees that any all limitations of JA&E’s liability and indemnifications by the Client to JA&E shall include and extend to those individuals and entities JA&E retains for performance of the services under this Agreement, including but not limited to JA&E’s officers, partners and employees and their heirs and assigns, as well as JA&E’s subconsultants and their officers, employees, heirs and assigns. 7. CORPORATE PROTECTION. It is intended by the parties to this Agreement that JA&E’s services shall not subject JA&E’s individual employees, officers, directors, managers or partners to any personal legal exposure for the risks associated with the services. Therefore, and notwithstanding anything to the contrary herein, Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against JA&E, a Texas Corporation, and not against any of JA&E’s individual employees officers, directors, managers or partners. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 8 of 10 8. SITE OPERATIONS. Client will arrange for right-of-entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. JA&E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of JA&E’s negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby acknowledged, to the extent permitted by law, to indemnify JA&E, its officers, directors, employees, agents and subcontractors, from any such claim, suits or losses, including related reasonable attorney’s fees. JA&E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in JA&E’s proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests JA&E to repair such damage, JA&E will do so at an appropriate additional cost. 9. FIELD REPRESENTATIVE. The presence of JA&E’s or its subcontractor’s field personnel, either full-time or part-time, may be for the purposes of providing project administration, assessment, observation and/or field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by JA&E be involved in the project, Client will advise such contractor(s) that JA&E’s services do not include supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents. Client will also inform contractor that the presence of JA&E’s field representative will not relieve the contractor of its responsibilities for performing the work in accordance with its agreement with Client. If a contractor (not a subcontractor of JA&E) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working condition on the job site, including security and safety of all persons and property during performance of the work, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that JA&E will not be responsible for job or site safety or security on the project, other than for JA&E’s employees and subcontractors, and that JA&E does not have the duty or right to stop the work of the contractor. 10. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in completing JA&E’s services. If this occurs, JA&E will suspend services and promptly notify and consult with Client, but will act based on JA&E’s sole judgment where risk to JA&E personnel is involved. Possible actions could include: a) Complete the original Scope of Services in accordance with the procedures originally intended in our proposal, if practical in JA&E’s judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified by JA&E in writing. 11. DOCUMENTS. JA&E will furnish Client the agreed upon number of documents and supporting information. These instruments of service are furnished for Client’s exclusive internal use and reliance, use of Client’s counsel, use of Client’s qualified bidders and for regulatory submittal in connection with the proposed services provided for in this Agreement, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated by JA&E under this Agreement shall remain the sole property of JA&E. JA&E shall retain all common law, statutory and other reserved rights, including the copyright thereto. Any unauthorized use or distribution of JA&E’s work shall be at Client’s and recipient’s sole risk and without liability to JA&E. JA&E may retain a confidential file copy of its work product and related documents. b) If Client desires to release, or for JA&E to provide, our work product(s) to a third party not described above for that party’s reliance, JA&E will agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 9 of 10 Secondary Client Agreement). Work product(s) provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that JA&E’s work product(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates a potential conflict of interest for JA&E and by this request waives any such claim should JA&E comply with the request. c) Client agrees that all documents furnished to Client or Client’s agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents provided by JA&E pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement without JA&E’s prior written approval. d) Client shall furnish documents or information reasonably within Client’s control and deemed necessary by JA&E for proper performance of our services. JA&E may rely upon Client-provided documents in performing the services under this Agreement; however, JA&E assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client, but JA&E may retain one confidential file copy as needed to support our work product. 12. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of non-binding mediation, prior to filing of any suit. However, in the event a claim results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney’s fees. 13. OPINIONS OF COST. If requested, JA&E will use its best efforts and experience on similar projects to provide realistic opinions of probable costs for remediation, repair or construction as appropriate based on reasonably available data or JA&E’s recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing by JA&E. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skills, and many other factors beyond JA&E’s control. JA&E makes no warranty, express or implied, that bids or negotiated costs of such work will not vary from JA&E’s opinions of probable costs. 14. TESTIMONY. Should JA&E or any JA&E employee be compelled by law to provide testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this Agreement, and JA&E is not a party in the dispute, then JA&E shall be compensated by Client for the associated reasonable expenses and labor for JA&E’s preparations and testimony at appropriate unit rates. 15. CONFIDENTIALITY. JA&E will maintain as confidential any documents or information provided by Client and will not release, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice to Client. 16. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. 17. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and JA&E shall survive the completion of the services and the termination of this Agreement. 18. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the remaining provisions shall continue in full force and effect. 19. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 20. CONSIDERATION. The parties agree that the charges for JA&E’s services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. City of Schertz, Texas – JA&E Proposal April 5, 2018 Restroom Building – Schertz, Texas Page 10 of 10 21. INTEGRATION. This Agreement, the attached documents and those incorporated by reference herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties. 22. STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that JA&E’s services are completed or terminated. 23. CLIENT DISCLOSURE. Client agrees to advise JA&E upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents a potential danger to human health, the environment, or JA&E’s equipment. Client agrees to provide JA&E continuing related information as it becomes available to the Client. By virtue of entering into this Agreement or providing services hereunder, JA&E does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal, state or local public agencies as required by law; or otherwise to disclose, in a timely manner, any information that may be necessary to prevent damage to human health, safety, or the environment. 24. ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, including but not limited to mold, and to the maximum extent permitted by law, Client agrees to defend, hold harmless, and indemnify JA&E from and against any and all claims, liabilities, or judgments, except to the extent finally determined as being caused by JA&E’s negligence or willful misconduct, resulting from: a) Client’s violation of any federal, state, or local statute, regulation, or ordinance relating to the management or disposal of toxic or hazardous substances or constituents; b) Client’s undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of toxic or hazardous substances or constituents found or identified at the site; c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before, during, or after the completion of JA&E’s services; d) Allegations that JA&E is a handler, generator operator, treater, storer, transporter, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation, ordinance, or law due to JA&E’s services; e) A release of toxic or hazardous substances or constituents at or from the project site before, during, or after completion of JA&E’s services under this Agreement. Any third party suit or claim for damages against JA&E alleging strict liability, personal injury (including death) or property damage from exposure. 25. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining samples and other specimens are disposed of 30 days after submission of JA&E's report. END OF JA&E TERMS AND CONDITIONS Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Fleet and Facilities Subject: Ordinance No. 18-T-19 – An Ordinance authorizing a budget adjustment to renovate the bathroom and shower facilities, and other minor repairs to the Recreation Center and authorizing the Acting City Manager to enter into a contract with Crownhill Construction, Inc., for the repairs, repealing all ordinances or parts of Ordinances in conflict with this Ordinance, providing an effective date; and declaring an emergency. First and Final Reading BACKGROUND On or about October 23, 2017, the Fleet and Facilities Department was made aware of some tile damage in the men’s restroom at the Recreation Center. Upon evaluation, it was discovered that the tile had been misplaced secondary to a water leak in the bathroom. Upon further review and evaluation, it was determined that the facility has had an extensive water leak problem for several years that appears to have come from multiple shower drain pans in both the men and women’s restrooms. Due to the damage discovered, it is believed that the leak has been there for an extensive period of time, but the tile across the floors and up the walls was able to keep it hidden until finally, the two small tiles came loose. During the mitigation phase of this damage, it was also discovered that we had an issue with ventilation and with the sump pump both in the crawls space under the Recreation Center that needed correction as well. On December 19, 2017, City Council authorized staff to move forward with design and engineering services for the renovation of the shower and restroom facilities at the Recreation Center with LPA, Inc. LPA met with City staff and the YMCA staff and developed plans and construction documents for the complete renovation of both restrooms and to correct the issues in the crawl space. A request for sealed proposals was published on April 3 with a closing date of April 26. A total of nine firms submitted bids and on May 8, 2019, a team of City staff from Parks and Rec, Fleet and Facilities, the City Manager’s Office and Purchasing along with LPA, YMCA staff and the City’s Owner’s Agent met to review the bids. The bids were scored on a number of factors to include the firm’s proven capacity to perform the work required, their experience at completing similar projects in occupied buildings, the tenure and experience of their personnel that would be performing the work, time to start and complete this project, references and the overall price to complete the work. After this review, the scores were compiled and Crownhill Builders, Inc. was the highest scoring bidder with a proposed price of $426,785 and a build time of 140 calendar days. City Staff believes that Crownhill Services, Inc. offers the best qualified proposal for the time and price quoted for their proposed price and would recommend that City Council authorize the Acting City Manager to enter into a construction contract with Crownhill Construction, Inc. The project was originally proposed to Council as being funded by the upcoming bond issuance package. Due to the high demand and need to make the repairs quickly, staff is recommending funding this project out of General Fund Reserves until the bonds are issued later this summer. If the bonds are voted down, this project will remain funded by the General Fund Reserves. GOAL Award the bid to Crownhill Construction, Inc. for the renovation of the restrooms and showers at the Recreation Center as well as provide minor repairs to the crawlspace and sump pump system. COMMUNITY BENEFIT The Recreation Center is a highly utilized building by citizens and it has created customer service issues since the showers were shut down. The ability to clean up after exercising is a tremendous benefit that needs to be restored to this facility as soon as possible FISCAL IMPACT This project will be funded from 2018 Certificates of Obligation. Due to timing, the General Fund may expend funds to move the project forward to then be reimbursed by the bond funds once available. The bond amount to be recommended to Council will be in in line with the long- term debt plan and will not require a tax rate increase. Staff is recommending funding this project through bond funds since the reserve balance is not estimated to be great enough to stay above the level required in the reserve policy and meet other General Fund operating requirements. RECOMMENDATION Staff recommends Council approve Ordinance No. 18-T-19 on first and final reading, declaring an emergency authorizing a budget adjustment and authorizing the Acting City Manager to enter into a contract with Crownhill Construction, Inc. at their bid price of $426,785 plus a 10% contingency ($42,678.50) for a not to exceed amount of $469,463.50 for renovations to the Recreation Center restrooms and crawl space. ATTACHMENTS Ordinance No. 18-T-19 Bid Scoring Overhead photo of rip-rap work area ORDINANCE NO. 18-T-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO RENOVATE THE BATHROOM AND SHOWER FACILITIES, AND OTHER MINOR REPAIRS TO THE RECREATION CENTER, AND AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT FOR THE REPAIRS, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Ordinance 17-T-30, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2017-2018 (the “Budget), which provides funding for the City’s operations throughout the 2017-2018 fiscal year; and WHEREAS, the City Staff discovered a water leak with significant damage in the restrooms and showers at the Recreation Center in October 2017; and WHEREAS, City Staff have worked with LPA, Inc. to design and engineer plans to renovate both restrooms and shower facilities as well as make minor repairs in the buildings crawlspace; and WHEREAS, the City has solicited competitive bids from qualified construction companies to accomplish the renovation work in accordance with design and engineering completed by LPA, Inc.; and WHEREAS, after analysis of the responses provided by each of the nine (9) responding construction firms, City staff has determined that Crownhill Construction, Inc. can provide the best quality work at the best value; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Crownhill Construction, Inc. pursuant to the recommendation made by City Staff; and WHEREAS, the City needs to authorized budget amounts of $469,463.50 from General Fund Reserves for the repairs at the Recreation Center; and WHEREAS, City staff will recommend the General Fund Reserves be reimbursed by $469,463.50 through a bond issuance for this project if approved during the next bond sale; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and award the repair construction contract to Crownhill Construction, Inc; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and award the repair contract to Crownhill Construction, Inc. - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall increase the General Fund Budget by $469,463.50 for the repairs to the Recreation Center funded by the General Fund Reserves. Section 2. The City Council hereby authorizes the Acting City Manager to enter into a contract with Crownhill Construction, Inc. in the amount of their bid of $426,785.00 with a ten percent (10%) contingency of $42,678.50 for a not to exceed amount of $469,463.50 for the renovations to the Recreation Center. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED, APPROVED, and ADOPTED ON FIRST and FINAL READING, the 22nd day of May, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor - 3 - ATTEST: Brenda Dennis, City Secretary (CITY SEAL) YMCA Locker Room Renovations RFP # 18-PK-14-C-01 Firm Name Address Bid Price Completion Schedule Score Ranking Crownhill Builders San Antonio, TX 78216 426,785.00$ 140 588 1 Keller Martin Construction San Antonio, TX 78249 468,000.00$ 160 538 2 Caliper Contracting Services San Antonio, TX 78230 399,637.00$ 100 514 3 Firenda Group San Antonio, TX 78255 333,500.00$ 180 496 4 Tejas Premier Building Contractor San Antonio, TX 78207 474,722.00$ 178 472 5 Brodbeck General Contracting San Antonio, TX 78217 383,950.00$ 98 444 6 Studio Contractors Boerne, TX 78006 395,000.00$ 125 432 7 Waterman Construction Company San Antonio, TX 78229 523,288.00$ 110 378 8 Henock Construction San Antonio, TX 78202 480,000.00$ 180 135 9 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Finance Subject: Resolution No. 18-R-60 - CONSIDERATION AND APPROVAL OF A RESOLUTION NO. 18-R-60 AUTHORIZING A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS BACKGROUND For a City to issue Certificates of Obligation (“CO”) to fund capital improvement projects, the City must first adopt a Notice of Intention Resolution and then post the Notice of Intention in the City’s paper of record for two consecutive weeks. By law, the City can sell its COs at least 30 days after the first publication so long as a petition, certified by the County Clerk, containing signatures of at least 5% of the qualified voters, is not submitted to the City prior to the sale. This Resolution alerts the Citizens that the proposed projects will be considered, and a Certificate of Obligation (“CO”) may be approved on July 10, 2018. The Resolution makes clear that the City intends to issue COs with a par amount not-to-exceed $10,890,000 for the purposes of making street and drainage repairs and improvements, making repairs to municipal buildings including buildings within the Municipal Complex including security upgrades, renovating a new fleet vehicle building, reconstruction of a bathroom at the Rec Center, repairs to Pickrell Pool, maintenance and improvements related to the City’s parks and trails, an engine for the fire department, a loop line for continuous water service during a main break, utility relocation of FM 1103 and a new water meter system. Expected bond funding is as follows: Funding Source Project Funding Amount I&S Fund Street and Drainage Improvements Phase 3 (but this could be used to improve streets not listed previously as part of phase 3) $1,600,000 I&S Fund Building Repairs $2,180,000 I&S Fund Recreation Center Repair $475,000 I&S Fund Pickrell Park Pool Repair $60,000 I&S Fund Parks and Trails Maintenance and Improvements $100,000 I&S Fund Reserve Fire Engine #2 $650,000 W&S Fund Water Loop Lines $825,000 W&S Fund FM 1103 Utility Relocation $1,000,000 W&S Fund Water Meters $4,000,000 Total Issuance $10,890,000 Amounts listed in the table are an estimated distribution of the bond funds but actual amounts within the $10,890,000 allocation may differ once project pricing has been completed. On July 10th the City will price its COs and the Council will then consider an Ordinance approving the sale to the winning bidder. The COs will be supported by both ad valorem taxes for general fund projects and the utility fund for projects related to utility system improvements. The authorization of the Notice of Intention Resolution and subsequent sale of COs will not require a tax rate increase or a utility rate increase. The City may issue less than the amount stated above but not more than. Final pricing on the water meter project will be determined in June prior to the sale and the amount issued could be lower than stated. If the proposals are higher than the stated amount staff may recommend using water construction reserves to fill in the funding gap or it could be determined that it will make better financial sense to postpone the project and use the remaining pro-rated warranty on the existing system. If this is the case the funds for the project will not be issued. All other projects are being recommended to be moved forward at these prices. The Pickrell Park Pool repair will be completed prior to receiving the funding. It is staff’s intention to reimburse the General Fund for those expenditures once the bonds are issued. The Loop Lines are to installed at Ware Seguin to Lower Seguin and Pfeil to Greytown Roads. These projects were briefed as part of the FY 2017-18 Budget and was proposed at that time to be a debt issuance. Staff can provide further briefings about the proposed projects between now and July 10th at the request of Council. FISCAL IMPACT Annual debt service for the Interest & Sinking Fund (I&S) is expected to be around $340,000 while the Water & Sewer Fund will add an estimated $390,000 for 20 years. Both amounts have been factored into the long term debt model and utility rate structures and are not expected to cause any unplanned increases in taxes or utility rates. SUMMARY OF RECOMMENDED ACTION Staff recommends approving the Notice of Intention Resolution, publishing the Notice of Intention, and to authorize the consultants to move forward with the issuance of COs scheduled to sell on July 10th and funds delivered on August 8th. ATTACHMENTS Resolution 18-R-60 Authorizing a Notice of Intention to Issue Certificates of Obligation 29889051.3 RESOLUTION NO. 18-R-60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Schertz, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $10,890,000, as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage incidental thereto; (2) designing, constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City’s utility system; (3) designing, constructing, renovating, improving, and equipping various facilities located in the City’s Municipal Complex, (4) designing, renovating, repairing, and improving the security locks in all of the City’s buildings; (5) designing, constructing, renovating, repairing, and improvement a new fleet building; (6) designing, constructing, renovating, improving, and equipping the City’s parks and recreational facilities, including repairs to the City’s Pickrell park community swimming pool and Recreation Center bathroom reconstruction; (7) designing, constructing, acquiring, purchasing, renovating, enlarging, and improving the Issuer’s public safety facilities and equipment; (8) the purchase of materials, public safety equipment, supplies, equipment, machinery, landscaping, land, and rights- of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (9) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a “deemed final” preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City’s ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the 29889051.3 -2- Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council’s intention to issue the Certificates in an amount not to exceed $10,890,000, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage incidental thereto; (2) designing, constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City’s utility system; (3) designing, constructing, renovating, improving, and equipping various facilities located in the City’s Municipal Complex, (4) designing, renovating, repairing, and improving the security locks in all of the City’s buildings; (5) designing, constructing, renovating, repairing, and improvement a new fleet building; (6) designing, constructing, renovating, improving, and equipping the City’s parks and recreational facilities, including repairs to the City’s Pickrell park community swimming pool and Recreation Center bathroom reconstruction; (7) designing, constructing, acquiring, purchasing, renovating, enlarging, and improving the Issuer’s public safety facilities and equipment; (8) the purchase of materials, public safety equipment, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (9) the payment of professional services related to the design, construction, project management, and financing of the aforementioned capital improvements. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City’s utility system. 29889051.3 -3- The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 29889051.3 -4- PASSED AND APPROVED, this the 22nd day of May, 2018. CITY OF SCHERTZ, TEXAS ____________________________________ Mayor ATTEST: ____________________________________ City Secretary (CITY SEAL) 29889051.3 A-1 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF SCHERTZ, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Schertz, Texas will convene at its regular meeting place in the City Hall in Schertz, Texas, at 6:00 o’clock P.M., Schertz, Texas time on July 10, 2018, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $10,890,000, for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing street improvements (including utilities repair, replacement, and relocation), curbs, gutters, and sidewalk improvements, including drainage incidental thereto; (2) designing, constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the City’s utility system; (3) designing, constructing, renovating, improving, and equipping various facilities located in the City’s Municipal Complex, (4) designing, renovating, repairing, and improving the security locks in all of the City’s buildings; (5) designing, constructing, renovating, repairing, and improvement a new fleet building; (6) designing, constructing, renovating, improving, and equipping the City’s parks and recreational facilities, including repairs to the City’s Pickrell park community swimming pool and Recreation Center bathroom reconstruction; (7) designing, constructing, acquiring, purchasing, renovating, enlarging, and improving the Issuer’s public safety facilities and equipment; (8) the purchase of materials, public safety equipment, supplies, equipment, machinery, landscaping, land, and rights- of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (9) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City’s utility system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Chapter 1502, as amended, Texas Government Code, and the City’s Home Rule Charter. /s/ Brenda Dennis City Secretary, City of Schertz, Texas Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Public Works / Engineering Subject: Ordinance No. 18-D-17 - Parking Prohibited on designated areas along FM 1518/Main Street. (First Reading) BACKGROUND TxDOT upgraded pavement markings and signs along FM 1518/Main Street from 1st Street to Oak Street. These sign upgrades included giving the old worn out signs a new fresh look as well as installing signs that were missing due to accidents or previous TxDOT maintenance jobs. When observing the newly replaced and refurbished signs, City Staff identified that in the Code of Ordinances, No Parking Zones previously established by the City and by TxDOT are confusing, redundant, and/or incomplete for various segments of Main Street from Oak Street to the vicinity of the intersection with First Street. One segment of roadway on which a No Parking Zone was not previously included in the Code of Ordinances was along the north side of Main Street between Lindberg Avenue and the Schertz Bank and Trust. Vehicles heading south or north out of Lindberg and turning onto Main Street must have a clear line of sight to turn safely (see attached exhibit of sight triangle). This concern along with the exhibit was presented to the Traffic Safety Advisory Committee (TSAC) and recommendation to add the no parking zone to the Code of Ordinances was given. Ordinance 18-D-17 is proposed to add the additional no parking area and correct and clarify the extents and designation of the No Parking Zones in the whole vicinity. The ordinance proposes deletion of all zones currently referenced on Main Street and replacement with the establishment of following zones. • FM 1518/Main Street North Side from Oak to approximately 220 feet east of 1st Street • FM 1518/Main Street South Side from Oak to approximately 140 feet east of 1st Street Goal To ensure that drivers have a clear line of sight to turn at intersections and provide for safe turning movements at street intersections. Community Benefit City to maintain good working relations with TxDOT while providing for the health and safety of the residents and visitors of Schertz. Summary of Recommended Action The action recommended is approval of Ordinance 18-D-17, revising Chapter 86, Section 86- 149, Parking Prohibited, removing current references to no parking zones on Main Street and re- establishing no parking as described. FISCAL IMPACT No cost to the city is associated with this ordinance. Signs are installed and maintained by TxDOT. RECOMMENDATION Staff recommends approval of Ordinance 18-D-17. ATTACHMENTS Ordinance No. 18-D-17 FM 1518/Main Street No Parking Zone Lindberg at Main Street No Parking Sight Triangle Exhibit ORDINANCE NO. 18-D-17 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 CHAPTER 86, ARTICLE V, SECTION 86-149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that the street segments on Main Street currently identified in the City Code where parking is prohibited are presented in a confusing, redundant, and/or incomplete way; and WHEREAS, it has been established that parking should be prohibited on the north side of FM 1518/Main Street from Oak Street to approximately 220 feet east of 1st Street; and WHEREAS, it has been established that parking should be prohibited on the south side of FM 1518/Main Street from Oak Street to approximately 140 feet east of 1St Street; and WHEREAS, these areas include street segments some of which are currently included in the City Code of Ordinances and some of which are not; and WHEREAS, it is recommended to remove the current listing of street segments where parking is prohibited along Main Street and replace it with a clear description of the recommended no parking zones on FM 1518/Main Street to the City Code of Ordinances under Article V, Section 86-149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86-149 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended as follows: (a) When signs are erected and/or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with “No Parking” painted in white letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at times as limited) upon any of the following streets or portions thereof. Remove all reference to parking prohibited on Main Street and replace with the following: Street Extent FM 1518/Main Street North Side from Oak Street to 220 feet east of 1st Street FM 1518/Main Street South Side from Oak Street to 140 feet east of 1st Street 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. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 22nd day of May 2018. PASSED, APPROVED AND ADOPTED on final reading the 5th day of June, 2018. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) LI N D B E R G A V E N U E - M A I N S T R E E T SI G H T T R I A N G L E Agenda No. 6 TxDOT/M ain St. No Parking Area Legend TxDO T No Parking 700 ft N ➤➤ N © 2018 Google © 2018 Google © 2018 Google Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Engineering Subject: Ordinance No. 18-D-18 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 IH-35 and IH-10 Frontage Roads. (First Reading). BACKGROUND In order for the Schertz Police Department to be able to legally enforce motor vehicle speed limits on the frontage roads of the interstate highways within the Schertz city limits (IH 35 and IH 10), the limits need to be included in the city’s Code of Ordinances. Upon request, the Texas Department of Transportation (TxDOT) has provided documentation of their recommended limits so that City Council can adopt the appropriate speeds to be enforced. The limits match the signage installed by TxDOT on the subject roads. As listed in the proposed ordinance and shown on the attached TxDOT strip maps, speed limits on the IH 35 frontage roads vary between 45 miles per hour (mph) and 50 mph. The frontage road of IH 10 within the Schertz City Limits has a signed speed limit of 50 mph. Goal To ensure that safe speed limits are established and enforceable through the City’s Code of Ordinances. Community Benefit To provide for safe and efficient travel on streets within the City for citizens and visitors. Summary of Recommended Action The action recommended is approval of Ordinance 18-D-18, revising Chapter 86, Section 86-115, Maximum Limits Generally on Specific Streets, adding the maximum speed limits of IH-35 and IH-10 frontage roads. FISCAL IMPACT No cost to the city is associated with this ordinance. Signs have been placed by TxDOT and will be maintained by TxDOT. RECOMMENDATION Staff recommends approval of Ordinance 18-D-18. City Council Memorandum Page 2 ATTACHMENTS Ordinance 18-D-18 Attachment – IH 35 & IH 10 Frontage Road TxDOT Strip Maps ORDINANCE NO. 18-D-18 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 CHAPER 86, SECTION 86- 115, MAXIMUM LIMITS GENERALLY ON SPECIFIC STREETS; ADDING THE MAXIMUM SPEED LIMITS OF IH 35 AND IH 10 FRONTAGE ROADS TO THE LIMITS AND PROVIDING AN EFFECTIVE DATE WHEREAS, it has been established that the maximum speed limits need to be included for all Texas Department of Transportation (TxDOT) frontage roads in the Code of Ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1 THAT, Section 86-115-Maximum limits on specific streets of the Code of Ordinances be amended with the addition as follows: Street Extent Speed (MPH) IH35 Frontage Roads IH 35 frontage roads from Selma City Limit to F.M. 3009 (M.P. 0.809 to M.P. 2.006). 45 IH35 Frontage Roads F.M. 3009 to Schertz City Limit (M.P. 2.006 to M.P. 4.402). 50 IH10 Frontage Roads Within Schertz City Limits 50 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. Section 8 The completion of TxDOT Project NH 2017(797) shall cancel the provision of this ordinance applying to said project. Approved on first reading the 22nd day of May 2018. PASSED, APPROVED AND ADOPTED on final reading the 5th day of June, 2018. ____________________________________ ___________________________________ Michael R. Carpenter, Mayor ATTEST: ______________________________ Brenda Dennis, City Secretary (CITY SEAL) 00 SPEED ZONE CENTER LINE BEARINGS TOWARD TOWARD CL PROJECT NO. S A M E A S B E L O W SL 1604 FM 725 HIGHWAY I-35 CITY OF Schertz MINUTE NO. REPLACED BY REPLACES CANCELED BY DATE DATE DATE DATE LENGTH MILESSECTION TWOLENGTH MILES PROJECT NO.CONT & SECT 42 62 125 LIMITS OF ZONE 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE STRIPMAP NAME: ENDS BEGINS CONT & SECT CONT & SECT PROJECT NO. PROJECT NO. SECTION ONE CONT & SECT DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2° GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED GRADES OVER 3% CURVES OVER 2° SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DATE of SURVEY SCALE:10"= 1 MILE ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS SAN ANTONIO DISTRICT Guadalupe/Comal COUNTY MP MP MP MP F M 1 5 1 8 C O R P O R A T E S E L MA C I T Y L I M I T S C H E R T Z C I T Y L I MI T INC INC SELMA SCHERTZ M . P . 0 . 8 0 9 F M 3 0 0 9 C H E L S E A P L A L A M O P K WY P A WL I N D R L E G A C Y O A K S S C H E R T Z P K WY T R I C O U N T Y P K WY C A B A N A D R I R O L A D R P L A Z A D R J O U R N E Y S WA Y MI D C I T I E S P K WY M. P . 2 . 5 0 0 M. P . 2 . 0 0 6 1.197 mi.1.321 M . P . 0 . 8 0 9 M . P . 2 . 0 0 6 1.197 mi.1.321 IH 35 FR 45 FR 45 FR 50 FR 45 FR 50 00 SPEED ZONE CENTER LINE BEARINGS TOWARD TOWARD CL PROJECT NO. S A M E A S B E L O W SL 1604 FM 725 HIGHWAY I-35 CITY OF Schertz MINUTE NO. REPLACED BY REPLACES CANCELED BY DATE DATE DATE DATE LENGTH MILESSECTION TWOLENGTH MILES PROJECT NO.CONT & SECT 42 62 125 LIMITS OF ZONE 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE STRIPMAP NAME: ENDS BEGINS CONT & SECT CONT & SECT PROJECT NO. PROJECT NO. SECTION ONE CONT & SECT DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2° GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED GRADES OVER 3% CURVES OVER 2° SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DATE of SURVEY SCALE:10"= 1 MILE ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS SAN ANTONIO DISTRICT Guadalupe/Comal COUNTY MP MP MP MP INC SCHERTZ M . P . 3 . 3 2 7 M. P . 1 . 7 0 0 M . P . 2 . 5 0 0 O L D WI E D E R S T E I N C I B O L O V A L L E Y M A I N S T M . P . 0 . 0 0 0 FM 482 H O P E L N H O L L Y L N F O R E S T E R P E A K B E L M O N T P K WY F A I R L A WN A V E F M 1 1 0 3 4.4021.321 COM AL g UADAL UP E CS 0016-05 FWD CS 0016-06 BK M. P . 3 . 3 2 7 M . P . 0 . 0 0 0 1.321 IH 35 FR 50 FR 50 FR 50 4.402 FR 50 00 SPEED ZONE CENTER LINE BEARINGS TOWARD TOWARD CL PROJECT NO. S A M E A S B E L O W SL 1604 FM 725 HIGHWAY I-35 CITY OF Schertz MINUTE NO. REPLACED BY REPLACES CANCELED BY DATE DATE DATE DATE LENGTH MILESSECTION TWOLENGTH MILES PROJECT NO.CONT & SECT 42 62 125 LIMITS OF ZONE 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE STRIPMAP NAME: ENDS BEGINS CONT & SECT CONT & SECT PROJECT NO. PROJECT NO. SECTION ONE CONT & SECT DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2° GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED GRADES OVER 3% CURVES OVER 2° SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DATE of SURVEY SCALE:10"= 1 MILE ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS SAN ANTONIO DISTRICT Guadalupe/Comal COUNTY MP MP MP MP INC SCHERTZ M . P . 1 . 7 0 0 C O U N T R Y C L U B C O U N T R Y C L U B N O R - T E X D R S C H WA B R D F R I E S E N H A H N R D T A N G L E W O O D P K E C KH A R D T R D M . P . 4 . 4 0 2 4.402 M . P . 4 . 4 0 2 4.402 IH 35 FR 50 FR 50 FR50 FR50 S C H E R T Z C I T Y L I MI T INC SCHERTZ 1.498 FR 50 IH 10 S L 1 6 0 4 INC SAN ANTONIO S C H E R T Z C I T Y L I MI T S A N A N T O N I O C I T Y L I M I TWEICHOLD R D WE IC H O L D R D M . P . 1 5 . 5 6 8 G R A Y T O W N R D G R A Y T O W N R D PFEIL R D M . P . 1 7 . 3 0 0 M. P . 1 7 . 0 6 6 S C E N IC L A K E D R M . P . 1 7 . 0 8 4 0.341 FR 50 00 SPEED ZONE CENTER LINE BEARINGS TOWARD TOWARD CL PROJECT NO. S A M E A S B E L O W SL 1604 SH 46 HIGHWAY I-10 CITY OF Schertz MINUTE NO. REPLACED BY REPLACES CANCELED BY DATE DATE DATE DATE LENGTH MILESSECTION TWOLENGTH MILES PROJECT NO.CONT & SECT 42 62 125 LIMITS OF ZONE 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE STRIPMAP NAME: ENDS BEGINS CONT & SECT CONT & SECT PROJECT NO. PROJECT NO. SECTION ONE CONT & SECT DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2° GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED GRADES OVER 3% CURVES OVER 2° SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DATE of SURVEY SCALE:10"= 1 MILE ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS SAN ANTONIO DISTRICT Bexar COUNTY MP MP MP MP INC SCHERTZ 1.544 FR 50 IH 10 M . P . 1 7 . 3 0 0 P F E IL R D LIBERTY RD F R E U D E N B U R G R D F M 1 5 1 8 M. P . 1 7 . 4 2 5 M . P . 1 7 . 4 3 6 M . P . 1 8 . 9 8 0 0.341 FR 50 00 SPEED ZONE CENTER LINE BEARINGS TOWARD TOWARD CL PROJECT NO. S A M E A S B E L O W SL 1604 SH 46 HIGHWAY I-10 CITY OF Schertz MINUTE NO. REPLACED BY REPLACES CANCELED BY DATE DATE DATE DATE LENGTH MILESSECTION TWOLENGTH MILES PROJECT NO.CONT & SECT 42 62 125 LIMITS OF ZONE 85 PERCENTILE SPEED TOP SPEED MEASURED NUMBER OF CARS CHECKED FATAL ACCIDENTS PERSONAL INJURY ACCIDENT PROPERTY DAMAGE ACCIDENT INDICATES SECTION ZONED BY COMMISSION MINUTE STRIPMAP NAME: ENDS BEGINS CONT & SECT CONT & SECT PROJECT NO. PROJECT NO. SECTION ONE CONT & SECT DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED CURVES OVER 2° GRADES OVER 3% SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DEVELOPMENT RESTRICTED SIGHT DISTANCE BALL BANK or ADVISORY SPEED GRADES OVER 3% CURVES OVER 2° SURFACE WIDTH AND TYPE R.O.W. AND ROADBED WIDTH ACCIDENTS ZONE LENGTHS MILE ZONE SPEEDS MPH DATE of SURVEY SCALE:10"= 1 MILE ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS ENDS BEGINS SAN ANTONIO DISTRICT Bexar COUNTY MP MP MP MP S C H E R T Z C I T Y L I MI T Informational Item MEMORANDUM Schertz City Council: May 22, 2018 Department: Economic Development Subject: SEDC Economic and Project Update BACKGROUND The City of Schertz Economic Development Corporation’s (the “SEDC”) Economic and Project Update provides information on the Schertz real estate market and updates to SEDC approved projects. This report began as an effort to inform and educate SEDC Board members. The report helps them to better understand the economic development environment as they consider funding new projects. CONTENT AND RELEASE DATES The report includes several elements. First, an analysis of the Schertz and San Antonio real estate landscape focusing on the industrial, retail, and office sectors. Second, details on notable projects that have received SEDC funds and that have had relevant activity during the quarter. Third, a development update that maps out current development across the city. Lastly the report includes a breakdown of available Class A industrial properties and development ready sites. The report is produced quarterly in April (Q1), July (Q2), October (Q3), and January (Q4). FIRST QUARTER HIGHLIGHTS Ace Mart Restaurant Supply has begun its operations in Schertz and has received their SEDC grant. Texas Plumbing Supply’s construction is ongoing, and the walls are up. Texas Plumbing Supply anticipates a June 2018 opening. The Schertz industrial market saw a new asking price of $5.80 NNN, which sets a new annual high and constitutes a 3% increase from Q4 2017. Schertz also had a year-over-year annual increase of 4.9% in issued residential building permits. ATTACHMENT(S) Q1 2018 Economic and Project Update Quarterly Economic & Project Update 2018, Quarter 1 [Jan 1–March 31, 2018] QUARTER 1 2018 To grow the Schertz economy through Projects. Specifically, we pursue Projects that focus on the creation/retention of Primary Jobs and Infrastructure Improvements. One of the key elements of our mission are Primary Jobs -jobs that produce goods/services for customers that are predominantly outside Schertz and defined by LGC 501.002 (12). Primary Jobs create new dollars for our community by exporting products. Once an employer is paid for these Primary Job-produced goods/services, they redistribute this money into the community through wages paid to employees, capital investments, tax payments to the City, local school district and county, and through payments to local suppliers. Schertz is fortunate to have a variety Primary Job Employers –quality companies that create Primary Jobs. In Schertz, examples of companies that create Primary Jobs are often associated with our key industries of: manufacturing, warehouse and distribution, and eCommerce because they export goods/services to regional, statewide, national, or international markets. CalTex Protective Coatings is an example of a Schertz company that creates Primary Jobs. They manufacture sealants and other car-care detailing products. These products are ‘exported’ to other markets, such as Kansas City, and money is returned to Schertz in exchange. This is what creates and maintains the flow of new wealth into our community. On the other hand, an example of a business sector that does not create primary jobs is retail or medical. This is because individuals making purchases at a local shopping center or visiting the doctor are generally using ‘existing’ dollars to pay for those goods or services.These businesses rely on new money that has already been created through the companies that generate Primary Jobs. PRIMARY JOBS 2 OUR MISSION PROJECTS Notable updates on Projects located in Schertz. 3 QUARTER 1 2018 TEXAS PLUMBING SUPPLY Construction is on schedule. Opening Expected JUNE 2018 Received an Operations Grant for $112,500 1962 Opened For Business Independent plumbing supply wholesaler ACE MART Finished their interior finish out. Continuing to hire employees. Capital Investment $4.5M Annual Grants Received (Personal Property Tax-based) 6 250K Square Feet of Building 1 of 2 strategically located distribution centers Industrial Q1 2017 Q2 2017 Q3 2017 Q4 2017 Q1 2018 Average Asking Price (NNN)$5.38 $5.32 $5.57 $5.61 $5.80 Inventory (sf)8,409,090 8,420,290 8,430,290 8,789,541 8,789,541 Vacancy Rate 8.4%9.9%7.4%11.2%10.7% Quarterly Absorption (sf)-7,998 -152,465 259,680 5,192 91,333 Other Sectors Office Retail Q1 2017 Q1 2018 Q1 2017 Q1 2018 Office Base Rent/Average Asking Price (NNN)$14.94 -$4.43 $3.85 Inventory (sf)207,547 267,729 1,848,805 1,858,613 Vacancy Rate 2.9%0.0%1.9%5.7% Quarterly Absorption (sf)0 0 -24,288 -4,930 Other Sectors Office Retail Q1 2017 Q1 2018 Q1 2017 Q1 2018 Office Base Rent/Average Asking Price (NNN)$19.64 $20.40 $14.47 $14.33 Inventory (sf)76,275,928 77,899,206 131,861,959 132,729,504 Vacancy Rate 9.1%9.2%4.0%3.7% Quarterly Absorption (sf)-60,241 -4,847 -371 202,524 Unnamed Tenant -109 Commercial Place14,000 SQUARE FEET Unnamed Tenant -6729 Guada Coma Drive, Building 730,350 SQUARE FEET Industrial Q1 2017 Q2 2017 Q3 2017 Q4 2017 Q1 2018 Average Asking Price (NNN)$5.43 $5.52 $5.55 $5.61 $5.64 Inventory (sf)113,656,238 113,814,088 113,970,582 114,432,156 114,512,772 Vacancy Rate 5.5%5.6%4.9%5.3%5.2% Quarterly Absorption (sf)-70,733 43,746 945,395 -20,321 229,193 SAN ANTONIO REAL ESTATE Quarterly comparison data for the Industrial, Office, & Retail sectors for both the Schertz and San Antonio market. SCHERTZ Notable Transactions For the Current Quarter (over 10,000 sf): 4 QUARTER 1 2018 QUARTER 1 2018 Average Asking Price (NNN) -The amount for which landlords are offering their space per square foot, per year for lease for a listing. The NNN stands for Triple Net rent. In this type of commercial real estate rent, tenants pay the amount listed plus additional costs (usually Operating Expenses). Quarterly Absorption -For existing buildings, the measure of total square feet occupied (indicated as a Move -In) less the total space vacated (indicated as a Move-Out) over a given period of time. Sublet space and lease renewals are not factored into net absorption. However, in a lease renewal that includes the leasing of additional space, that additional space is counted in ne t absorption. Pre-leasing of space in non-existing buildings (Planned, Under Construction or Under Renovation) is not counted in n et absorption until actual move in, which by definition may not be any earlier than the delivery date. Inventory -Total existing square feet of each property type. Vacancy Rate -Expressed as a percentage, Vacancy Rate identifies the amount of New/Relet/Sublet space vacant divided by the existing Rental Building Area (includes the usable area and its associated share of the common areas). I-10 I-10 I-35 I-35 1604 410 Pleasanton I-35 I-10 San Antonio Market Schertz Market New Braunfels SeguinSchertz Boerne Bandera Hondo Vanderpool Stockdale HOUSING Number of New Residential Building Permits issued by City of Schertz Planning & Zoning Division during the quarter. MARCHFEBRUARYJANUARY TOTAL 2018 2017 40 29 21 26 37 38 98 93 The number of permits is 4.9% higher than those issued during the same period last year. 5 REAL ESTATE DEVELOPMENT UPDATE Details on major new development and expansions throughout Schertz during the quarter. Locations highlighted in orange can be found in the photos below. DIRT WORK UNDER CONSTRUCTION COMPLETE/REMODEL 21 3 9 6 QUARTER 1 2018 15 16 17 22 23 24 DIRT WORK 1.Schertz Business Park –1996 Schertz Pkwy 2.Unnamed -Windy Meadows Dr 3.Brake Check -Exchange Ave/Cabana Dr 4.Unnamed 2 -Windy Meadows Dr 5.Platform Warehouse Suites –7637 FM 3009 6.Hallies Cove Subdivision –FM 1518 7.Casa Verde Farms –7791 FM 482 8.Enterprise Building Plaza –Schertz Pkwy UNDER CONSTRUCTION 9.Samuel Clemens Expansion -1001 Elbel Rd 10.Medical Office –3746 Schertz Pwky 11.Ryder Truck Expansion -9993 Doerr Ln 12.Simmonds Realty -Exchange Ave/Irola Dr 13.Comal Middle School –370 Hubertus Rd 14.Staybridge Hotel –5601 Schertz Pwky UNDER CONSTRUCTION 15.Starbucks/Retail –917 FM 3009 16.Texas Plumbing Supply –Red Iron/Pipestone 17.Enterprise Building V –17745 Lookout Rd 18.Bindseil Farms Subdivision -Schertz Pkwy 19.Founders Classical Academy Expansion –8453 E. FM 1518 20.CVS Pharmacy –5334 FM 1103 21.Rose Garden Elementary –10414 E. FM 1518 COMPLETE/REMODEL 22.SE Freight Lines Expansion –17454 Campus Dr 23.Ace Mart –9850 Doerr Ln 24.Mondelēz Expansion -1001 Assembly Circle 10 11 12 13 14 DEVELOPMENT UPDATE Details on major new development and expansions throughout Schertz during the quarter. 7 QUARTER 1 2018 6 9 1 3 5 7 4 8 DIRT WORK UNDER CONSTRUCTION COMPLETE/REMODEL 22 23 24 2 10 13 14 15 16 18 20 17 21 11 12 19 QUARTER 1 2018 INTERSTATE 35 SC H E R T Z P A R K W A Y FM 3 0 0 9 TR I C O U N T Y P A R K W A Y Proposed Road 24 Acres 25 Acres 54 Acres 75 Acres 90 Acres 85 Acres B A I C D G H F E 81 Acres Area of Focus Available Buildings Availability A Enterprise Building III 360,000 sf B Enterprise Building V 188,000 sf C Tri-County Crossing 2 (Under Permit Review)100,500 sf D Tri-County Crossing 1 (Under Permit Review)96,000 sf E Enterprise Building II 76,874 sf F 7377 Doerr Lane 77,500 sf G 6729 Guada Coma, Commerce Park 7 60,700 sf H Enterprise Building I 52,893 sf I Enterprise Business Plaza 25,000 sf 8 AVAILABILITY Class A industrial properties and development ready sites that are currently available (as of April 2018). Development ready sites are indicated within the dashed shapes and have immediate access to industrial grade utilities. Development ready sites are indicated within the dashed shapes and have immediate access to industrial grade utilities. Properties/sections shaded in blue indicate land that is proposed for retail/office. QUARTER 1 2018 AVAILABILITY SOURCES •CoStar Quarterly Data (Q1 2017-Q1 2018 for Industrial, Office, & Retail) •Schertz Planning & Zoning Division, What’s Developing In Schertz online visualizer •Schertz Development Services Department, Building Permit Data (Jan 1 –Mar 31, 2018) 9 Area of Focus 52 Acres 119 Acres28 25 78 Acres INTERSTATE 35 103 Acres Area of Focus INTERSTATE 35 44 Acres 95 Acres Future SCUC ISD High School 1400 Schertz Parkway, Building 2 | Schertz, TX 78154 210.619-1070 | SchertzEDC.com Informational Item CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Economic Development Subject: Amazon.com.kydc – 2017 Payment of the property tax grant per the Economic Development Incentive Agreement BACKGROUND In 2012, the City Council approved an Economic Development Incentive Agreement among the City of Schertz, the City of Schertz Economic Development Corporation, Guadalupe County, and Amazon.com.kydc, LLC. (“Amazon”) (the “Agreement”). The Agreement includes two annual incentives that Amazon may qualify for a Property Tax Grant and Sales Tax Grant. Property Tax Grant: Under the Agreement and subsequent amendments, the City agreed to provide six (6) annual Property Tax Grants worth 70% for the first three years and 60% for the final three years on all property taxes paid. In consideration, Amazon agreed to construct a 1,261,980 square foot facility, create $166 million of New Investment, maintain at least $125 million of Taxable Property, and employ at least 380 full-time employees with at minimum Annual Payroll of at least $12 million. On April 27, 2018, Amazon reported its compliance to the Agreement. Amazon has paid all real and personal property taxes for the 2017 calendar year (Exhibit A). As part of the Annual Development Incentive and Compliance Report, Amazon reported that it had: • Maintained its operations in Schertz according to the Agreement. • Employed an average of 993 Full-Time Jobs through the year including 915 Full- Time Jobs on January 1, 2017 and 1,060 Full-Time Jobs on December 31, 2017. The number of Full-Time Jobs exceeds the minimum requirement of 380. • Paid $34,983,288.49 in Annual Payroll which is above the minimum Annual Payroll of $12,000,000. • Reported $126,963,967 in New Ad Valorem Taxes which is above the minimum threshold of $125,000,000. Because Amazon has met all the requirement for the Property Tax Grant, they will receive the 2017 Property Tax Grant worth $374,035.85. Sales Tax Grant: The Agreement provides a Sales Tax Grant if Amazon generates at least $100 million in Project Taxable Sales for the calendar year. In 2017, Amazon did not generate sufficient Project Taxable Sales so they do not qualify for the 2017 Sales Tax Grant. Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Parks & Recreation Subject: Crescent Bend Nature Park Cul-de-sac Asphalt Project (L. Shrum) BACKGROUND Since Crescent Bend Nature Park’s opening there has been an un-paved cul-de-sac turnaround at the end of the paved asphalt park road. This cul-de-sac was created to allow fisherman closer parking access to the creek but was continuously problematic due to muddy conditions and vehicle rutting. Staff graded the area a few times over the years and attempted to put up a cable gate and to lock it under muddy conditions, but vandals would consistently break the cable. Because of its “back-road” feel the area would also see occasional dumping of materials and trash and staff would have to spend considerable time cleaning up the area. It was determined that due to its popularity, the area should be asphalted to maintain appropriate and aesthetically pleasing access. The project cost approximately $8,000 in asphalt materials and the Streets Department performed the work in-house over a period of 4 days. The project has immediately boosted the aesthetics of the area and will function beautifully for park visitors. The Streets Department will come in soon and paint out several angled parking spots in the center of the cul-de-sac with directional arrows around the perimeter. Parks staff will install a new trash can receptacle and will continue to work on improved trail access to Cibolo Creek. BEFORE AFTER Informational Only CITY COUNCIL MEMORANDUM City Council Meeting: May 22, 2018 Department: Public Works Subject: Update regarding the Arroyo Verde Road Repair Project (R. Martinez) BACKGROUND City Council authorized the Streets Department to contract with Andale Construction to apply an upgraded slurry seal type pavement sealant on the streets in Arroyo Verde Subdivision. Streets had previously crack-sealed the entire subdivision in preparation for this pavement sealant. The work was scheduled for Monday, May 14 through Friday, May 17, 2018. The work consisted of notifying the residents of the project, coordinating movement of resident’s vehicles both out of their driveways and off of the street. Additionally, shuttle service was needed because once the sealant was applied, there was a 24-hour period where the pavement could not be driven upon. Shuttle service moved residents from where they parked their vehicle in the subdivision to their house and back the next morning. Additionally, mail service was shuttled daily and trash pickup was coordinated. The project moved along very well and was actually completed Friday morning, May 18, 2018 and the entire subdivision was opened back up. There were less than ten reported complaints or issues with the largest one being when the emergency exit gate from the rear of Arroyo Verde was opened, the citizens who live on Crest Oak where the exit occurs complained of the increased traffic. The residents of Arroyo Verde had no complaints that we were made aware of. If there are any questions please contact Robert Martinez at Public Works, 210-619-1811. Preparing to apply HA-5 product on Arroyo Del Sol (May 14, 2018) Completion of HA-5 Application on Arroyo Del Sol (May 14, 2018)