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11-18-2014 Agenda with backupREGULAR SESSION CITY COUNCIL November 18, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Edwards) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Discussion and possible action regarding Council Rules of Conduct and Procedures, and proposed Code of Ethics. (Mayor /Council) 11 -18 -2014 Council Agenda • Discussion and consideration and/or action regarding Council Liaison appointment positions on the various City boards and commissions. (Mayor Carpenter /Council) ■ Animal Control Advisory Committee ■ Cibolo Valley Local Government Corporation ■ Schertz Seguin Local Government Corporation ■ Sweetheart Advisory Committee ■ Interview Committee for Boards and Commissions Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Special Meeting of November 12, 2014. (J. Kessel /B. Dennis) 2. Charter Review Commission Appointments — Discussion and consideration and/or action appointing the FY 2014/15 Charter Review Commission. (B. Dennis /Mayor /Council) 3. Resolution No. 14 -R -92 — Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with the City of Cibolo related to the Nortex Farms Development. (J. Bierschwale /S. Willoughby) 4. Resolution No. 14 -R -94 — Consideration and/or action approving a Resolution extending the Professional Services Agreement with Jackson A &E Associates, Inc., (J. Kessel /B. James) 5. Ordinance No. 14 -S -47- Consideration and/or action approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed Use Zoning District. Final Reading (B. James /B. James) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. Announcements by Mayor and Councilmembers 11 -18 -2014 City Council Agenda Page - 2 - • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 10. Information available in City Council packets — NO DISCUSSION TO OCCUR • Update regarding the storm drainage ditch in the Arroyo Verde Subdivision. • Update regarding cracks in sidewalks on Schertz Parkway. • Update regarding the drainage area and drainage issues next to Lowes. 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 14t1i DAY OF NOVEMBER 2014 AT 2:00 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. g re v,A 2 1Ue v�v,'bs Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements 11 -18 -2014 City Council Agenda Page - 3 - 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 Mayor Pro -Tem John — Place 3 Audit Committee Lone Star Rail District Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Edwards — Place 4 Councilmember Duke — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee 11 -18 -2014 City Council Agenda Page - 4 - Workshop CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: Council Subject: Workshop Discussion regarding City Council Rules of Conduct and Procedures and proposed Code of Ethics. BACKGROUND Goal At the October 28, 2014 City Council meeting Councilmember Scagliola asked for a discussion item regarding the use of personal electronic devices during Council meetings. Also at this meeting Mayor Carpenter requested this discussion take place in the broader context of the Council Rules of Conduct and Procedures and proposed Code of Ethics. To clarify, update and amend the Council's Rules of Conduct and Procedures related to the use of personal electronic devices during Council meetings, and to propose a Code of Ethics. Community Benefit To clearly establish procedures. Summary of Recommended Action Staff recommends Council discuss and provide direction to staff how to proceed. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discussion and direct staff accordingly. Workshop CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: Council Subject: Workshop — Discussion and consideration and/or action regarding the various Council liaison positions on City Boards and Commissions BACKGROUND Now that we have new Councilmembers it is time Council take the opportunity to reevaluate their roles and assignments on the various City Council liaison assignments within the City. FISCAL IMPACT None RECOMMENDATION Staff recommends Council discuss the following City Liaison Assignments: Animal Control Advisory Committee: Councilmember Scagliola served. We need to appoint another Councilmember Cibolo Valley Local Government Corporation: Councilmember Scagliola served. We need to appoint another Councilmember Schertz Seguin Local Government Corporation: Councilmember Scagliola served. We need to appoint another Councilmember. Sweetheart Advisory Committee: Councilmember Scagliola served. We need to appoint another Councilmember. Interview Committee for appointments to City Boards and Commissions: Currently Mayor Carpenter, Councilmember Fowler serves as well Councilmember Scagliola served. We need to appoint another Councilmember. City Council Memorandum Page 2 Other Council Committee and Liaison Assignments are as follows: Audit Committee: The following currently serve: Mayor Carpenter Councilmember Edwards Councilmember Duke Investment Advisory Committee: The following currently serve: Mayor Carpenter Councilmember Duke Hal Baldwin Scholarship Committee The following currently serve: Mayor Carpenter Councilmember Edwards Randolph Joint Land Use Study (JULUS) Executive Committee: The following currently serve: Councilmember Fowler Schertz Housing Board Liaison: The following currently serve: Councilmember Fowler TIRZ II Board: The following currently serve: Mayor Carpenter Mayor Carpenter serves as the City's primary representative on the following agencies: Northeast Partnership Greater Bexar County Council of Cities Guadalupe County Mayors Association Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on November 12, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on November 12, 2014. ATTACHMENT Minutes — regular meeting November 12, 2014 MINUTES SPECIAL MEETING November 12, 2014 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 12, 2014, at 6:30 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Councilmember Grumpy Azzoz (Incoming) Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to "rdor Mayor Pro -Tem Daryl John Councilmember David Scagliola (Outgoing) Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Habib Erkan Jr. Deputy City Secretary Donna Schmoekel Mayor Carpenter called the meeting to order at 6:30 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Mayor Pro -Tem John) Mayor Pro -Tem John provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 1. Resolution No. 14 -R -91 — Consideration and /or action approving a Resolution approving the Official Canvass of the November 4, 2014, Returns and Declaring the Results of the Election; and other matters in connection therewith (Mayor Carpenter /B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following informon regarding the Official Canvass of the November 4, 2014, Election: 11 -12 -2014 Minutes Page - 1 - Comal /Guadalupe County Total ED Votes 1804 5537 677 1885 1618 4731 681 2206 Bexar Comal /Guadalupe YBexat, Couny County County EV EV ED Mayor Michael R. Carpenter 140 92 3501 Steve White 57 39 1112 Place 1 Jim Fowler 111 80 2922 Bert Crawford 64 47 1414 11 -12 -2014 Minutes Page - 1 - Comal /Guadalupe County Total ED Votes 1804 5537 677 1885 1618 4731 681 2206 Place 2 Grumpy Azzoz 75 49 2215 1294 3633 David L. Scagliola 101 73 2257 1087 3518 Ms. Dennis stated as a result of the election that: Michael R. Carpenter Is hereby declared elected to the Office of Mayor. Jim Fowler Is hereby declared elected to the Office of Councilmember Place 1. Grumpy Azzoz Is hereby declared elected to the Office of Councilmember Place 2. Mayor Carpenter recognized Councilmember Fowler who Nmseconded by Councilmember Edwards to approve Resolution No. 14 -R -91. :••r- .r Mayor Carpenter recognized Councilmember Edwards who stated he wanted to withdraw his second and ask Councilmember Fowler if he would also withdraw his motion in order to allow our departing member of council, Mr. Scagliola, to make this motion. Councilmember Fowler agreed and withdrew his motion. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -91. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Scagliola, Edwards and Duke voting yes and no one voting no. Motion passed. Mayor Carpenter stated that before proceeding further into the meeting he wanted to give Councilmember Scagliola an opportunity to share some comments. Mr. Scagliola stated he always jokes that he came from a broken family; his dad was a democrat and his mom was a republican. He likes to think he inherited the best from both parties but some people think that he inherited the worst from both. He remembered a conversation he had with his dad shortly after he was elected. His dad said, "All politicians are just a bunch of `donkeys', (but he used the other name). He told his dad that he was an elected official so what did that make him. His Dad replied, `Don't make me repeat myself.' He may have been joking, but there is often considerable truth that is made in jest. When it comes to our parents sometimes we are motivated to justify their confidence in us and at other times to prove to them that they are wrong. As a new politician, maybe that was his goal. A lot of friends have expressed their sympathy that he lost and he appreciates those sentiments but he would rather focus on what he has gained. He got over 3,500 votes, more supporters and friends than he has ever gotten in any prior election. He has had the honor of representing the residents of Schertz for over eight years. He has learned so much about the political process. The biggest problem in this city is that we have so many professional hardworking, dedicated people in the administration of this city that they make what they do look easy. Because they make it look easy, some people think it 11 -12 -2014 Minutes Page - 2 - is; but it isn't. He has learned a lot about leadership during this time. Leadership is not about power, it is about influence. It is about passion and compassion. He has learned that if you take care of your people, they will take care of you. You can't build yourself up by tearing others down. There is no `I' in `team', but there is an `I' in `winning'. As a team we have had an amazing winning streak, but no matter how good you are, you can't win them all. He can accept this election outcome because he ran an ethical campaign and gave it an honest effort. Could he have done more? Yes, perhaps so. Playing politics is not his style. He is not the type to announce his presence when he enters a room. He is actually not comfortable being under the microscope as the center of attention. He doesn't do PC. He would rather tell people what they need to know rather than what they want to hear. He doesn't make promises he can't keep. He prefers substance over symbolism and he doesn't care who gets the credit as long as the work gets done. In other words, he is not a typical politician. However, he is leaving with his integrity intact, which brings him back to his dad. He knows his dad loved him and was proud of him. Did he change his dad's view on politics and politicians? He intends to ask him some day. His dad died three years ago so he won't have that conversation any time soon because he isn't going anywhere anytime soon. This election signaled an end, but it isn't `The End'; just the end of a chapter. As he turns the page on his life's journey, that journey continues. He is not certain where it will end, but he doesn't look so much at the destination but rather in enjoying the journey along the way. "Ladies and Gentlemen, Friends and Supporters, hey, thanks for the adventure, it's been a great ride. If you need me, I'll be around. Give me a call. Thank you so very much.." Mayor Carpenter read and presented a proclamation to Councilmember Scagliola honoring his service and time to this city. A. Newly Elected Officers — Oath of Office. (B. Dennis) B. Certificate of Election — Presentation of Certificate of Election. (Mayor Carpenter) City Secretary Brenda Dennis read the oaths of office to Councilmembers Jim Fowler, Grumpy Azzoz, and Mayor Michael Carpenter. Mayor Carpenter stated that before continuing with the agenda, each newly elected official could say a few words. Councilmember Fowler stated that he and Mr. Scagliola came on together at the same time and helped each other in the election process of campaigning. After that their relationship was very professional and when they sat on the dais together they did not always agree, but that is the way it should be. Once an agreement was made on a majority vote, they never held it against each other. They had a job to do. The city has grown from about 26 thousand to about 36 thousand and major changes have taken place. When City Manager Mr. Kessel was brought on, he was told council wanted him to take our city to the next level. He feels the transition period is almost complete but we still are working on the mentality that we are no longer a small town. 11 -12 -2014 Minutes Page - 3 - This is what he wants to see completed in the next two years; that the maturity of our city moves forward to the thinking of being a middle or even large size city in thought and deed and efficiency and the way we plan. If he can help accomplish that, he will consider his term of service as a councilmember a success. Councilmember Azzoz thanked everyone who voted for him and for those who voted for former Councilmember Scagliola. He will always keep the promise and what he promised he would do. He stated he would work with each and every one of his colleagues to do what is right for the city. He thanked Mr. Scagliola for his eight years of service. There is no winner or loser; he will still contribute to the city. To everyone that voted for him and Mr. Scagliola, he promises to do all he can to protect the employees, the residents, the businesses and the integrity of Schertz. He wanted to assure his colleagues he is not difficult to work with and he is very straightforward. He wants to be a part of this group. He thanked his wife for putting up with all his late hours. Tonight he is wearing something very special. Before former Mayor Hal Baldwin passed away, he wanted Mr. Azzoz to have his flag pin and today his family brought it to him. Mayor Baldwin was always proud of his city and Councilmember Azzoz intends to do likewise. =&" ..r Mayor Carpenter stated he wanted to thank all the residents of Schertz for allowing himself to serve the city for another two years. He will continue to give his full effort to the package. The city is a great place and it is our responsibility and job to make sure it continues that way. His Mom is here tonight. She taught him to read before he even started kindergarten. It was a great gift and he continues to read voraciously. He believes he would not have accomplished what he has in life had it not been for those many hours of teaching from her. He thanked his wife for her patience and allowing him to do this as well as his sons; they all have his love and gratitude. Mayor Carpenter recessed the meeting at 7:00 p.m. to allow the newly elected officials to visit with family and friends and take photos. Mayor Carpenter reconvened into regular session at 7:15 p.m. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who provided the following announcements: Thursday, November 13, 2014, Northeast Partnership Meeting, Olympia Hills Golf Course and Conference Center, 11:30 a.m. Thursday, November 27, 2014, Schertz Turkey Trot, Bluebonnet Palace on Lookout Road, 7:00 a.m. 11 -12 -2014 Minutes Page - 4 - Friday, December 5, 2014, Festival of Angels Parade, Hal Baldwin Municipal Complex, 6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that he had two things. First, on behalf of himself and city staff, congratulations to the newly elected officials; they are looking forward to a good year. There is a work retreat coming up next month. He also welcomed new councilmember Grumpy Azzoz on board as the newest councilmember. The second thing is that a number of the city staffers are growing mustaches now. Staff Member Bryce Cox has challenged all of the city staff to grow a mustache in November to help raise awareness for men's health issues. There are several different prize categories. Mr. Kessel also passed out to council some wrist bands in general support of raising awareness of cancer and men's health. Hearing of Residents: Mayor Carpenter recognized the following who spoke: >'I • Miss Morgan Russell who stated she came to them a few weeks ago to talk about her project at the library, the StoryWalk, which is posting pages of children's books on a permanent sign for kids to read as they walk to promote physical activities and reading. Her project is now complete and they have raised $4,300 and paid for eight separate books to rotate out. The grand opening ceremony is on Sunday, November 16, 2014 at 2:00 p.m. and everyone is invited. She stated her mom and dad were here tonight along with her mentor, Library Director Melissa Uhlhorn. Also, her dad recently was elected to District 5, Cibolo City Council. • Ms. Maggie Titterington who stated this Friday, November 14, the Schertz Chamber will be having their awards banquet, from 6:00 p.m. to 10:30 p.m. They will also be recognizing the small and big businesses of the year. There is one ticket left. On December 1 there will be a ribbon cutting for Fox's Pizza at 3:00 p.m. On December 2 they will host the last chamber luncheon of the year where they will be awarding the DECA scholarships for Steele and Clemens high school students. There will also be a speaker on taxes present. Hampton Inn and Suites will be hosting a mixer on Friday, December 4 from 5:30 -7:00 p.m. On January 31, 2015, from 11:00 a.m. to 3:00 p.m. there will be a Health and Wholeness Fair at the Schertz Civic Center. The chamber is partnering again with the City of Schertz to host this event. They are already 65% sold out on the vendor booths. Discussion and Action Items 2. Minutes — Approve the minutes of the regular meeting of October 28, 2014. (J. Kessel /B. Dennis) 11 -12 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve the minutes of the regular meeting of October 28, 2014. The vote was 4 -0 -1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards and Duke voting yes and Councilmember Azzoz abstaining. Motion passed. 3. Ordinance No. 14 -M -46— Consideration and/or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure; repealing all Ordinances or parts of ordinances in conflict with the Ordinance. Final Reading (Mayor /Council) The following was read into record: ORDINANCE NO. 14 -M -46 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE There were no questions or discussion from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Ordinance No. 14 -M -46, final reading. The vote was 4 -0 -1 with Mayor Pro-Tern John, Councilmembers Fowler, Edwards and Duke voting yes and Councilmember Azzoz abstaining. Motion passed. 4. Ordinance No. 14 -S -47- Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part I11, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed Use Zoning District. First Reading (B. James/B. James) #-- k Mayor Carpenter recognized Executive Director of Development Services Brian James who stated that what they want to do is make it easier for individuals who own property along Main Street to redevelop and invest in their property. These properties are in the flood plain and located in the older part of Schertz and a lot of these structures were built as houses but are now being used for commercial businesses. The current Unified Development Code (UDC) does not contain a zoning district that fits well with these circumstances. We want to make some modifications to our code by creating a new zoning district that allows some flexibility. This is not changing anyone's zoning; we are just adding a new category to the UDC. This change will then allow those owners to come in and request rezoning to this new district that might give them more use options with their property. What we have done is modify some dimensional requirements, reduced the minimum lot size to 5,000 square feet, reduced the width to 50 feet, depth to 100 feet, and adjusted some of the setbacks. We are also recommending we modify the parking requirements. Main Street is fairly wide and people park on it now so we will still require handicapped spaces on site but they can utilize the on- street parking for their facility as 11 -12 -2014 Minutes Page - 6 - well. We want to also modify some of the use charts to allow more flexibility with commercial and/or residential uses. We are simply expanding options going forward. There are other things we will need to do later, such as the main street bond projects, and the historic grant program. This is really just a first step of a series of things that we need to address. Mayor Carpenter opened the public hearing. Maggie Titterington came forward and stated that the Chamber of Commerce is in favor of this recommendation and they like the options it offers. It is not changing the zoning but allowing flexibility for the property owners and businesses. She knows of two businesses that this will directly affect and it would allow one of them to maintain their business by allowing them to move into a more suitable building. They fully support this and commend Development Services for bringing this forward for approval. As there were no other speakers, Mayor Carpenter closed the public hearing.. Mayor Carpenter recognized Councilmember Edwards who asked if the business(s) would still have to come in for the permitting process as they do now. Mr. James said yes, they would still need to come in to complete the certificate of occupancy process. Councilmember Edwards asked about possible complications with designating parking spaces. Mr. James stated that right now we are not going to deal with that. When we get into the bond project this will be addressed and consideration will be given to creating bump outs at the ends to identify parking spaces, stripe those spaces, and possibly make them a little longer for easier navigation room. Mr. Edwards asked if we would have continuity going down the entire length of Main Street and is this just for Main Street, not any other street. The answer was yes, continuity would be exercised and for now the project is only for Main Street. However, if other areas of the city come forward and ask for assistance and other options, we can address those as they come up. Again, this is not a be -all, end -all solution. The comprehensive plan update has a series of things we need to do which will have to happen over time. One of those will be to look at those buildings that are different and decide what is appropriate for them. Going forward we will be making other adjustments for unique situations. Also, there are other outlets such as the Board of Adjustments to address variances. This is our first step and we will be monitoring it as we go forward. Mayor Carpenter recognized Councilmember Azzoz who asked if by `transfer' he means they can take a residential building and make it a commercial facility. Mr. James said yes that this district will allow both a business and a single family use. The Guadalupe County Appraisal District is responsible for the `taxing' of the appropriate usage. Another thing to keep in mind is that changing from a residence to a business includes restroom modifications to meet ADA requirements which are more costly than when a business structure reverts back to being a residential home. We can't say for sure what will happen twenty years from now, but the code we are passing now allows the flexibility of operating as a business or using the facility as a residence. However, council could amend this code again at any time to take out the option of also allowing a single family residence use. Mayor Carpenter recognized Councilmember Fowler who asked about the lot size. If a property owner puts in a paved parking lot in the front yard and then wants to convert the building back to 11 -12 -2014 Minutes Page - 7 - a residence, would they have to remove the pavement. Mr. James said that it could stay that way and actually would probably be too costly to remove. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -5 -47, first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 4. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee act • New Departmental initiatives No further announcements were made. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. .M Y Mayor Carpenter recognized Councilmember Edwards who stated he attended the Veterans Memorial Plaza Dedication this past Tuesday and the audio visual equipment was extremely poor. He could not hear a word of what was said and he suggested we look to see if we can find some wind proof microphones to purchase. He does not want to see that happen again. Mr. Kessel stated that staff will look into what options we have. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who stated that several weeks ago we discovered there was an issue in regard to having a mobile food truck in the area. He would like to know what our status is in developing that opportunity. Mr. Kessel said that staff would research it and get a full report back to council. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 11 -12 -2014 Minutes Page - 8 - Mayor Carpenter recognized Councilmember Edwards who stated he attended the following: • Tuesday, November 11, 2014, Veterans Memorial Plaza Dedication • Friday, November 7, 2014, Hal Baldwin Golf Scholarship Mayor Carpenter recognized Councilmember Duke who stated he attended the following: • Saturday, November 8, 2014, Junior Achievement Physically Fit 5K Run Mayor Carpenter recognized Councilmember Fowler who just wanted to mention that the Knights of Columbus folks were planning on serving lemonade and cookies at the Veterans Memorial Plaza Dedication on Tuesday. When the temperature dropped suddenly they quickly changed from offering lemonade to coffee to the attendees. He appreciated the way they handled that. He just wanted to thank them. Adiournment A*., '>" As there was no further business, the meeting was adjour 7 :54 p.m. R. Carpenter, Mayor ATTEST: Donna Schmoekel, 11 -12 -2014 Minutes Page - 9 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: City Secretary Subject: Charter Review Commission Appointments BACKGROUND At the August 26, 2014 City Council the Charter Review Commission appointment process was discussed. One option discussed was that each member of the Council would appoint one person to the Commission. It was also decided to solicit applications from citizens willing to serve on the commission. The application process was advertised on the City's Website utilizing the banner process. In addition to the application a letter from the Mayor encouraging citizens to apply was posted on the City's website. (See attached) It was discussed that the Council should seat a commission by December so that Council could call a Charter election in July of 2015, to take to the voters in November of 2015. The letter from Mayor Carpenter indicated that applications should be submitted, in writing, to the City Secretary's office no later than five O'clock p.m., September 22, 2014. As of this writing our office has received seven (7) applications: Mr. Richard Dziewit Mr. Mark Davis Mr. Michael Dahle Mrs. Betty Sinclair Mrs. Jana Volitis Mrs. Reginna Agee Mr. Bert Crawford City Council may also submit additional individuals for consideration at this time. It is important that Council select the five candidates who are both "most qualified" and "willing to serve ". There may be additional individuals who through their unique service and experience also merit consideration. After Council has appointed the Commission, a letter will be prepared by Mayor Carpenter regarding their appointment with a date and time in which the first meeting will be held. At the first meeting our City Attorney Charles Zech will provide an introduction and set a timeline for meetings. This item was presented at the Council meeting of October 14, 2014, and it was discussed to move this item to the next agenda to allow the full Council to be present. City Council Memorandum Page 2 FISCAL IMPACT None RECOMMENDATION Staff recommends Council review the submitted applications and decide to appoint the five (5) required members to the Charter Review Commission either out of the submitted applications or make additional nominations. ATTACHMENT Applications — Mr. Richard Dziewit Mr. Mark Davis Mr. Michael Dahle Mrs. Betty Sinclair Mrs. Janna Volitis Mrs. Reginna Agee Mr. Bert Crawford CITY OF SCMERTZ OFFICE OF THE MAYOR CITY HALL, SCHERTZ Mlchnel R. Carpenter August 28, 2014 Mayor IN RI;: Apt) oiubnent of a Charter Review Commission Colleagues, Friends and Neighbors: From time to time we, as a counnunity, inspect our progress and performance as a city. The most formal way we do this is by appointing a charter review commission. TJte last charter review conmtissiat to be appointed served in2006. We are eight years later, and the time is correct to appoint a new commission. Even though a charter review commission only exists for 180 days and is appointed only once or twice a decade, it is one of the most powerful bodies that exists in our municipal government. It has the power to recotmueud to tite voters changes affecting all aspects of the fornt and function of our existence as a political subdivision of the State of Texas - in this its power is equal to that of the city council. I encourage all interested residents to apply for appointment to the commission. All applications will be given to the voting members of the city council, and each of the voting members will select and appoint one conuuissioner. Applications are available on line as well as in the city secretary's office. Applications should be submitted, ill writing, to the city secretary's office no later than five o'clock P1YI, September 22, 2014. As always, we need your help in defining the best ways to reach our common goals and dreams as a city. Serving on a charter review coumnissiou is one of the most visible and powerfiil ways in which to participate in city government. Thank you for reading and for choosing to be an active participant in our collective tature. Warreag Mic tael Carpenter Mayor, City of Schertz 210 - 619 -1040 Community. Service. Opportunity. 1400 Schertz Parkway Schertz, Texas 78154 210 - 619-1040 Duties of the Charter Review Commission Per the City Charter Section 12.05, the City Council shall periodically appoint a Charter Review Commission of five citizens of the City. It shall be the duty of the Commission to: (a) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision and to this end, public hearings may be held and the Commission shall have the power to compel the attendance of any officer or employee of the City to require the submission of any of the City records which it may consider necessary to the conduct of such hearing. (b) Make any recommendations it considers desirable to insure compliance with the provisions of this Charter by the several departments of the City. (c) Propose amendments to this Charter to improve its effective. application to current conditions. (d) Report its findings and present its proposed amendments, if any, to the City Council. The City Council shall receive any report submitted by the Charter Review Commission, may comment on any proposed amendment recommnendations made, and, if any amendment or amendments are presented as a part of such report, shall order such to be submitted to the voters of the City in the manner provided in Section 12.04 of the Charter (See attached A) The term of office of the Charter Review Commission shall be 180 days after the date of appointment of the Commission, and, if during this term no report is presented to the City Council, then all records of the proceedings of the Commission shall be filed with the City Manager and the Chatter Review Commission shall be dismissed. (Election of 4 -7 -79, 5- 13 -06) APPLICATIONTO SERVE ON CHARTER REVIEW COMMISSION Please hTe or prhit clearly Plenscreturntollte attentiouofCity SecretarY, Igoo Seheriz POrktrnt•,Scttertz Texos98tSgby p.nt. tot pull Name:. Home pboue: (Include area code) Work phone: (Include area Mobile number: (Include area Code) Physical address: (Street, City, State, Zip) Mailing address: (If different (Street, Cily, State, Zip) Email address (es): Do you lire in the corporate limits of the City of Schertz? ❑ yes ❑ no Are yon 18 years or older? ❑ yes ❑ no Are yon registered to rote? ❑ yes ❑ no Whicb County? Registration Current /past occupation or area of expertise: Professional and /or community activities: Additional pertinent information /references: Do you consent to the City conducting a background check on you? o yes o no Submission of a Resume or Curriculum Vitae is encouraged, A letter of interest may, also be submitted. The information on this application is rime and correct, Signature: Date: FZ SS CC]H[]CNX I COMMUNITY* SERVICE * OPPORTUNITY Item No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: Public Works Subject: Resolution No. 14 -R -92 — A Resolution by the City Council of the City of Schertz, Texas authorizing an Interlocal Agreement with the City of Cibolo related to the Nortex Farms Development and other matters in connection therewith. BACKGROUND The City of Schertz services the Nortex Farms Development area with Sanitary Sewer Service by means of a 6 -inch force main. The City of Cibolo has approached the City of Schertz requesting assistance with sanitary sewer services in the area. Cibolo will construct a sewer line on their portion of the property to connect to the City of Schertz force main for wastewater delivery services to CCMA through Schertz lines. As a cooperative project with a sister city, it is in the best interest of the City to enter into an Interlocal Agreement with Cibolo to provide these services to the residents of the area outlined in Exhibit A. Goal Assist a sister city in providing adequate wastewater transfer to CCMA via Schertz gravity sewer lines as well as assists the Nortex Development that begins in Schertz to develop the property as planned with adequate sewer service. Nortex need this ILA to guarantee their project. Community Benefit A cooperative project between the City of Schertz and the City of Cibolo will provide assistance to an area that is in need of adequate wastewater services. Summary of Recommended Action Execute an Interlocal Agreement with the City of Cibolo to provide wastewater services for the area known as the Nortex Farms Development as outlined in Exhibit A. FISCAL IMPACT No fiscal impact to execute the Interlocal Agreement with the City of Cibolo. Cibolo will pay the City of Schertz line maintenance fees per LUE as well as capacity charges per residential development at the time of the issuance of a building permit. RECOMMENDATION Staff recommends Council approve Resolution 14 -R -92 and authorize the City Manager to execute the Interlocal Agreement with the City of Cibolo. ATTACHMENTS Resolution 14 -R -92 Exhibit A: Service Area Interlocal Agreement RESOLUTION NO. 14 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO RELATED TO THE NORTEX FARMS DEVELOPMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement with the City of Cibolo relating sewer service for the Nortex Farms Development; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the City of Cibolo 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 City Manager to execute and deliver the Agreement with the City of Cibolo in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 18th day of November, 2014. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT A -1 Exhibit "A" City Line Maintenance Fee Schedule Nortex Farms Development October 2014 October 2015 October 2016 October 2017 Monthly Line Maintenance Fee $0.27 $0.36 $0.46 $0.51 Annual Line Maintenance Fee $19.44 $25.92 $33.12 $36.72 Monthly Sewer Usage: 6.000 per 1,000 Gallons Annual Line Maintenance Fee = Monthly Sewer Usage X Monthly Maintenance Fee X 12 (months) Prices are subject to change based on updated Water Study INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE This Agreement made and entered into as of this day of between the City of Schertz ( "Schertz ") and the City of Cibolo ( "Cibolo "). Recitals Due to the proximity of development within Cibolo to the Schertz City Limits, the parties agree that the best engineering solution with respect to regional sanitary sewer infrastructure is for Cibolo to connect to Schertz's sanitary sewer system. Agreement For and in consideration of the mutual promises, covenants, benefits and obligations hereafter set forth, Schertz and Cibolo agree and contract as follows: ARTICLE I SANITARY SEWER FACILITIES Section 1.01. Design. Cibolo shall be responsible for having the Sanitary Sewer Facilities constructed within the city limits of the City of Cibolo designed and constructed in accordance with Schertz standards in a good and workmanlike manner and in accordance with all applicable rules, regulations and requirements of the governmental entities having jurisdiction over the construction of such facilities. Section 1.02. Construction. The developer(s) of subdivisions shall bare all cost and responsibility for constructing the Sanitary Sewer Facilities within their respective subdivisions. ARTICLE II OWNERSHIP, PRICE AND MAINTENANCE Section 2.01 Maintenance Fees. An Annual Line Maintenance Service Fee based on usage of 6,000 gallons per LUE per month and the Line Maintenance Fee as indicated in Exhibit A — Schedule (attached). The current rate of $19.44 per unit/per year will be paid by Cibolo to Schertz ( "Annual Fee "). This rate is subject to change yearly per Exhibit A. The Annual Fee covers the cost of sewer main maintenance from Cibolo to the Cibolo Creek Municipal Authority (COMA) regional sewer interceptor. Said annual payment shall be due and payable to the City of Schertz at the end of each fiscal year. The payment shall be based on the number of months that each unit has been online. Units will be considered "online" when the City of Cibolo issues a certificate of occupancy. The first month of the maintenance fee shall be prorated based on the date the certificate of occupancy is issued to the unit. Section 2.02 Quality of Sewage. Cibolo shall discharge only ordinary liquid and water carried domestic sanitary sewage meeting the requirements of the CCMA industrial waste order applicable to Schertz. Section 2.03 Future Extension or Additional Capacity. If Cibolo desires to expand the capacity of any or all of the Sanitary Sewer Facilities, Cibolo may do so with the consent of Schertz. Section 2.04 Collection of Capacity Fees. The City of Cibolo shall pay the City of Schertz Capacity Fees in the amount of $1,668 per LUE to be collected at the time of issuance of the building permit for each lot. These fees will be used toward the upgrade of the sewer collection system associated with Nortex Farms. ARTICLE III GENERAL AND MISCELLANEOUS PROVISIONS Section 3.01 Regulatory Requirements. This Agreement and the obligations of the parties hereunder are subject to all rules, regulations, and laws which may be applicable by the United States, the State of Texas or any regulatory agency having jurisdiction. Section 3.02 Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other party hereto, but the obligation of such other parry with respect to such future performance shall continue in full force and effect. Section 3.03 Approvals or Consents. Whenever the Agreement requires or permits approvals or consents to be hereafter given by any party hereto, such parties agree that such approval or consent shall not be unreasonably withheld. Such approval or consent shall be given in writing and shall be effective without regard to whether given before the time required herein. Section 3.04 Addresses and Notices. Unless otherwise provided in this agreement; any notice, communication, request, replay or advice (herein severally and collectively, for convenience, called "notice ") herein provided or permitted to be given, made or accepted by either party to the other must be in writing and may be given or be served by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such part, or by prepaid telegram or facsimile, when appropriate, addressed to the part), to be notified. Notice deposited in the mail in the manner herein above described shall conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until change as hereinafter provided, be as shown below. The parties shall have their right to specify as its address any other address in the State of Texas by at least fifteen (15) days written notice to the other city. If to Schertz to: 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If the Cibolo to: City of Cibolo P.O. Box 642 Cibolo, Texas 78108 Attention: City Manager Section 3.05 Severability. The provisions of This Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section or other part of this contract to the other persons or circumstances shall not be affected thereby. Section 3.06 Merger. This Agreement, together with such descriptions, terms and conditions as may be included in the Exhibits attached hereto, constitute the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between the parties other than those expressly stated or provided for herein. Section 3.07 Cooperation. Each part hereby agrees that it will take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. IN WITNESS WHEREOF, the parties have executed the Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. CITY OF SCHERTZ By: John C. Kessel City Manager (Notary Seal affixed here) CITY OF CIBOLO By: Robert T. Herrera City Manager (Notary Seal affixed here) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2014 Department: City Manager Subject: Resolution 14 -R -94 - Consideration and/or action approving a resolution extending the professional services agreement with Jackson A &E Associates, Inc. (J. Kessel /B. James) BACKGROUND On November 8, 2011 the City entered into a contract for owner's representative services with Jackson A &E Associates, Inc., to provide third parry owner's representative services for the multiple Capital Improvement Projects including the playscape, soccer complex, baseball complex, Animal Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months and was extended on November 19, 2012 and November 18, 2013. This resolution extends the agreement for up to another 24 months to allow for completion of remaining Capital Improvements Projects. Goal: Enhance the design process by developing uniform building standards, developing more expert project scope, identifying long term energy and maintenance opportunities, and enhancing early design review to achieve value engineering without additional cost to the design firm. Provide for significantly enhanced construction inspection and documentation services. These inspections include code and quality inspections, extensive photo documentation of the project for future review, written notices of violations and follow up documentation, and review of change order requests for validity. Also, manage the warranty phase of the new facility to ensure the construction firm completes all needed warranty work in a timely and complete manner. Community Benefit Provide greater value to the community (community goals, quality of product, and more timely construction timetables), improved design, construction, and warranty work, increased leveraging leading to cost savings on major projects, and lower long term costs (warranty, maintenance, and operations). Summary of Recommended Action Staff recommends approval of Resolution No. 14 -R -94 authorizing the City Manager to amend the contract with Jackson A &E Associates, Inc., to provide owner's representative services to the City of Schertz. FISCAL IMPACT The fiscal impact of the agreement is described in attached amendment to the Professional Services Agreement which includes a maximum cost of services per month of $9,000. RECOMMENDATION: Approval of Resolution 14 -R -94 authorizing the City Manager to amend the contract with Jackson A &E Services, Inc., to provide owner's representative services for the City of Schertz. ATTACHMENT(S) Resolution 14 -R -94 Amendment to the Professional Services Agreement RESOLUTION NO. 14 -R -94 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City continues to require professional services relating to monitoring and managing the City's numerous ongoing capital improvement projects on behalf of the City; and WHEREAS, City staff has determined that Jackson A &E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), 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 amend the contract with Jackson A &E Associates, Inc. pursuant to the Professional Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Jackson A &E Associates, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject 50448599.1 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 181h day of November, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) 50448599.1 EXHIBIT A AMENDED PROFESSIONAL SERVICES AGREEMENT 50448599.1 A -1 JACKSON /&JACKSON A &E ASSOCIATES, INC. Architectural and Engineering Consulting • 8300 White Stallion Trail • McKinney, Texas 75070 • 214- 673 -7557 • wwwjacksonAE.com ASSOCIATES November 15, 2014 Mr. John Kessel City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for Owner's Representative Services Dear Mr. Kessel: Jackson A &E Associates, Inc. (JA &E) is pleased to submit this Proposal to perform Owner's Representative Services for the City of Schertz, Texas. We appreciate the opportunity to provide our professional services and look forward to working with the City of Schertz staff. Presented below is our understanding of the proposed projects and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of Owner's Representative Services for tasks as directed by the City of Schertz (City), Texas to assist in the design and construction process for the Aquatic Center, Dog Park and Soccer field renovations. The City will provide all information available regarding the project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal November IS, 2014 Multiple Projects - Schertz, Texas SCOPE OF SERVICES Page 2 of 15 The Total Scope of Services for Owner's Representation Services for the above projects is proposed to follow thru until the completion of the current projects or twelve months whichever occurs first and to provide assistance with the City's Master Facility Plan. Additionally as time permits, work with City Staff to develop Master Specifications for the City's future use. EXCLUDED SCOPE ITEMS The following items are excluded from the Scope of Services: • Coordination of the purchase and installation of furniture, fixtures and equipment and other direct purchase vendors Post construction control and administration • Facilitation of formal partnering with the entire project team throughout the project • Coordination of any required formal dispute resolution in concert with City Attorney • Participation in the development and implementation of a project commissioning plan • Move management ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. SCHEDULE Jackson A &E Associates, Inc. can begin work on these projects upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation is immediate. The total time frame anticipated to perform all phases of the Scope of Services is not known at this time. A contract amendment is JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal November IS, 2014 Multiple Projects - Schertz, Texas Page 3 of 15 anticipated at the appropriate point in the future. A secure office space and facility access will be provided by the City for JA &E's use and storage of project plans and documentation. PROFESSIONAL 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 $9,000.00 per month with a not to exceed value of $108,000.00 which does not include 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. Any additional professional services required beyond this scope will be billed at the rate of $135.00 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 email delivery. JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal Multiple Projects - Schertz, Texas SUMMARY November IS, 2014 Page 4 of 15 Jackson A &E Associates, Inc. understands your need for Owner's Representative Services and is committed to providing you responsive, effective and timely consulting services on this project. To authorize this proposal, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the agreement for this project Respectfully submitted, Jackson A &E Associates, Inc. Philip R Gaudreau, Assoc AIA, CSI Managing Principal City of Schertz, Texas John C Kessel, City Manager JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal Multiple Projects - Schertz, Texas APPENDIX A SCOPE OF SERVICES OWNER REPRESENTATION SERVICES November IS, 2014 Page 5 of 15 I. PROFESSIONAL SERVICES PROCUREMENT, PROGRAMMING AND MASTER PLANNING During the professional services procurement, we will: A. Participate in discussions with representatives of the City of Schertz to refine the scope of the project. B. Meet with the City regarding the selection of a Construction Manager at Risk (CMR) for the Aquatic project and assist in the development of the Request for Qualifications (RFQ). C. Assist in the negotiation and contract preparation with the CMR for these projects including defining the scope of work. D. We will assist in the appropriate consultant selection process, including quality control and construction materials testing. E. The need for specialty consultants will be evaluated for issues such as geotechnical engineers, cost estimators, acoustical concerns, audio visual needs, security, furniture and art, and then the consultants as needed will be selected. F. Prepare Requests for Proposals (RFP) for the construction delivery method chosen. G. Assist the City in evaluating the responses received from the RFP. H. Set up interviews, if necessary, and assist the City in the selection of the Construction Professionals. JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 6 of 15 I. Present the team recommendations for Construction Professionals to the City Council for their review and approval. J. Assist in the negotiation and preparation of the contract for Construction Professionals. During the programming and master planning phase, we will: K. Meet with representatives of the City of Schertz and the Architect to continue to refine the scope of the project from a departmental inclusion, timing and priority approach. L. After determining the final programming criteria, we will assist in refining the project plan. M. Review and provide comments on previously commissioned studies and plans. N. Arrange and attend meetings for the A/E team to interview the various departments included to obtain initial programming and master planning data. O. Assist the A/E team in collecting data for the included departments existing systems and equipment. P. Review, provide comments and overviews of summarized information gathered. Q. During this phase of the project and others as required, we will prepare presentations for and attend meetings with the City Manager's office and City Council. JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal November IS, 2014 Multiple Projects - Schertz, Texas Page 7 of 15 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. E. Provide design reviews and written comments as requested to the design team concerning contract documents produced at applicable phases of the project. F. Prepare a presentation to the City on the progress of the drawings, budgets and other descriptive materials at the Schematic Design, Design Development and the completion of Construction Documents. G. During the course of the various design phases and after the bids for the project are received, we will represent the owner during the value engineering process to aid in achieving a balance between cost and the facility requirements. JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal November IS, 2014 Multiple Projects - Schertz, Texas Page 8 of 15 III. BIDDING, CONSTRUCTION MONITORING AND CONTRACT CLOSEOUT During the bidding phase, we will: A. Work with the Construction Professionals in their prequalification process for contractors and subcontractors for the project. B. Assist in appropriate contractor and subcontractor selection process. C. Review of potential bidders and assist in soliciting bids for the construction. D. Work with the Construction Team to evaluate the bids for appropriate completeness based on documentation presented. E. Review all construction related costs (excluding soft costs) and provide an opinion as to its adequacy and appropriateness in relation to industry standard costs. Opinion of Cost Review will be conducted on information provided. F. Review the construction progress schedule and form an opinion as to appropriateness of the projected sequencing, duration of work items, and realism of the estimated Project completion based on the scope of the Project and the current availability of both materials and labor. During the construction monitoring phase, we will: G. Make scheduled bi- weekly site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and the status of construction completion. H. Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, JACKSON ASSOCIATES City of Schertz, Texas - JA &E Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 9 of 15 outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. I. Report on the progress of the construction to date in relation to the Construction Manager's projected construction schedule, noting concerns or issues with sequencing or completion timing. J. Review existing and ongoing soils, structural steel, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. K. Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. L. Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. M. Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. N. Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. O. Review safety programs developed by the Construction Manager for the contractors and subcontractors and note any deficiencies in the implementation of such programs. During the contract closeout phase and upon substantial completion of the Project, we will: P. Assist in the creation of the City's punch list. Q. Review the Architect's punch list identifying the remaining items necessary for correction and completion of Contractor's work and evaluate whether JACKSON ASSOCIATES City of Schertz, Texas - JAM Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 10 of 15 said list is complete and correct based on previous monthly observation, and see to the timely completion and resolution of such items on the punch list. R. Review applicable municipal or governmental final sign -offs, which are provided to consultant including, but not limited to, final certificates of occupancy. S. Assist in the contract close out process. JACKSON ASSOCIATES City of Schertz, Texas - JAM Proposal Multiple Projects - Schertz, Texas JA &E TERMS AND CONDITIONS November IS, 2014 Page 11 of 15 Jackson A &E Associates, Inc. OA &E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1. SERVICES. Jackson A &E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA &E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay JA &E's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of JA &E's invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days prior notice to Client, JA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA &E within 45 days of Client's receipt of JA &E's invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA &E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA &E for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. JA &E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA &E's profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4. INSURANCE. JA &E can maintain insurance coverage as follows: Worker's Compensation Insurance - statutory. Employer's Liability Insurance - $1,000,000 Commercial General Liability Insurance - $1,000,000 Automobile Liability Insurance - $1,000,000 Excess Umbrella - $1,000,000 Professional Errors & Omission - $1,000,000 S. PROFESSIONAL LIABILITY. 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 byJA &E will be limited to an aggregate of $25,000. If Client prefers to have higher limits of professional liability, JA &E agrees to try to increase the aggregate limit, up to a maximum of $1,000,000, upon Client's written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of JA &E's total charges, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by JA &E and is not a charge for additional professional liability insurance. This limitation shall not apply to the extent prohibited by I aw. JACKSON ASSOCIATES City of Schertz, Texas - JAM Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 12 of 15 6. EXTENSION OF PROTECTION. Client agrees that any all limitations of JA &E's liability and indemnifications by the Client to JAM shall include and extend to those individuals and entities JAM 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 JAM, a Texas Corporation, and not against any of JA &E's individual employees officers, directors, managers or partners. 8. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing project management, studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. JA &E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except to the extent such damage or loss is a result of JA &E's negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby acknowledged, to the extent permitted by law, to indemnify JA &E, its officers, directors, employees, agents and subcontractors, from any such claim, suits or losses, including related reasonable attorney's fees. JA &E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in JA &E's proposal, our charges do not include cost of restoration due to any related damage which may result. If Client requests JA &E to repair such damage, JAM 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 JAM 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: JACKSON /& City of Schertz, Texas - JAM Proposal November IS, 2014 Multiple Projects - Schertz, Texas Page 13 of 15 ASSOCIATES 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. 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. JACKSON ASSOCIATES City of Schertz, Texas - JAM Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 14 of 15 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. 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; JACKSON ASSOCIATES City of Schertz, Texas - JAM Proposal Multiple Projects - Schertz, Texas November IS, 2014 Page 15 of 15 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: November 18, 2014 Department: Development Services Subject: Ordinance No. 14 -S -47- Consideration and/or action approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed -Use Zoning District. Final Reading (B. James /B. James) BACKGROUND The recent Gateway Plan amendment to the City of Schertz Comprehensive Plan discusses ways to promote redevelopment within the Main Street area of Schertz. One of the recommendations is to focus on adaptive reuse of structures. Three of the recommendations for zoning ordinance changes in the Comprehensive Plan amendment deal with allowable uses, site development standards, and parking requirements. As part of implementing the Comprehensive Plan, staff recommends creating a new zoning district, the Main Street Mixed -Use District, for properties along Main Street that provides for modified uses, site development standards, and parking requirements. By amending the UDC property owners can request rezoning to this district which allows increased opportunity to redevelop these properties. Uses The proposed district allows single family residences and low intensity commercial uses. This would allow owners of a structure to lease the property for an office use, but when that tenant's lease expires they could then lease or use it as a single family home again. Dimensional Requirements In general the minimum lot size, width, depth and setbacks have been reduced to allow existing structures to not be considered non - conforming, which restricts and hinders redevelopment. The following are proposed Lot Size Width Depth Front Setback Side Setback Rear Setback Lot Coverage 5,000 square feet 50 feet 100 feet 10 feet 5 feet 20 feet 80% City Council Memorandum Page 2 Parking One of the greatest challenges in redeveloping these properties, many of which were constructed as single family residential homes, is the placement of the structure within the lot which limits the ability to add parking. In light -of the width of Main Street the Comprehensive Plan amendment recommends reducing on -site parking requirements. As proposed, properties zoned Main Street Mixed -Use District would only be required to provide 2 on- site parking spaces but must meet the requirement for on -site handicapped spaces. City Council approved this on first reading at their meeting of November 12, 2014. Goal Promote the history and culture of the City of Schertz. Community Benefit Recognize structures of significance to the community's past. Summary of Recommended Action Approve final reading of Ordinance No. 14 -S -47 FISCAL IMPACT None RECOMMENDATION Approval of final reading Ordinance 14 -S -47. ATTACHMENT Ordinance 14 -S -47 ORDINANCE NO. 14 -S -47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.5.2 ZONING DISTRICTS ESTABLISHED: LIMITATIONS ON R -6 AND R -7, 21.5.5 STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS, TABLE 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS, 21.5.8 PERMITTED USE TABLE, 21.10.4 SCHEDULE OF OFF - STREET PARKING REQUIREMENTS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City") adopted an Amended and Restated Unified Development Code on April 13, 2010, as further amended, (the "Current UDC "); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, the Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City's rich history and culture, and WHEREAS, The City zoning districts are established for, among other purposes, protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits, and WHEREAS, all required notices have been provided, and WHEREAS, on October 2, 2014, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on November 18, 2014, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; NOW, TEHREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.5.2 of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Error! Unknown document property name. 21.5.2 Zoning Districts Established; Limitations on R -6 and R -7 The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows: Section 2. Unified Development Code, Section 21.5.5 of the Code of Ordinances, City of Schertz, Texas is hereby amended to add the following section: Error! Unknown document property name. Symbol Table 21.5.2 Zoning District Name PRE Predevelo ment District R -1 Single - Family Residential District R -2 Single-Family Residential District R -3 Two-Family Residential District R -4 Apartment/Multi-Family Residential District R -6 Single - Family Residential District (See Ordinance No. 10 -S -29) R -7 Single-Faniily Single-Family Residential District (See Ordinance No. 10 -5 -29 R -A Single-Family Residential/Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB -2 General Business District -2 M -1 Manufacturing District (Light) M -2 Manufacturing District (Heavy) GC Golf Course District PUB Public Use District PDD Planned Development District AD Agricultural District AC Agricultural Conservation District EN Estate Neighborhood PDD MU Mixed Use District HCOD Highway Commercial Design Overlay District CCOD Campus Commercial Overlay District IOD Industrial Overlay District DO Downtown Overlay Districts MSMU Main Street Mixed -Use District Section 2. Unified Development Code, Section 21.5.5 of the Code of Ordinances, City of Schertz, Texas is hereby amended to add the following section: Error! Unknown document property name. 21.5.5 Statement of Purpose and Intent for Residential Districts N. Main Street Mixed -Use District (MSMU) Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single - family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints. Section 3. Unified Development Code, Table 21.5.7.A Dimensional Requirements Residential Zoning Districts of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Table 21.5.7.A DIMENSIONAL • RESIDENTIAL ZONING Minimum Lot Size Minimum Yard Miscellaneous And Dimensions Setback (Ft) Lot Requirements Minimu Max Area Widt Dept Fron Sid Rea m Off- Maximu I Code Zoning District Sq. Ft. h h t e r Street m v v Key Ft. Ft. Ft. Ft. Ft. Parkin Height Ft g Cover Spaces R -1 Single - Family 9,600 80 120 25 10 20 2 35 50% h,j,k,l,m,o Residential District -1 R-2 Single - Family 8,400 70 120 25 10 20 2 35 50% h,j,k,l,m,o Residential District -2 R -3 Two - Family 9,000 75 120 25 10 20 2 35 60% h,j,k,l,m,o Residential District Apartment/Multi- R-4 Family Residential 10,000 100 100 25 10 20 2 35 75% a,b,j,k,l,m District R -6 Single- Family 71200 60 120 25 10 20 2 35 50% h,k,l,m,n,o Residential District -6 R-7 Single - Family 61600 60 110 25 10 20 2 35 50% h,k,l,m,n,o Residential District -7 Single- Family- R-A Residential /Agricultur 21,780 - - 25 25 25 2 35 50% h,k,l,m,n e GH Garden Home 5,000 50 100 10 10 10 2 35 75 %u c,d,e,f,g,k,l, Residential District m TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,',k,l,m MHS Manufactured Home 6,600 60 110 25 10 20 2 35 50 % j,k,l,m,o Subdivision District 1 MHP Manufactured Home 43,560 - - 25 12.5 25 - 35 50% ',k,l,m Error! Unknown document property name. Section 4. Unified Development Code, Table 21.5.8 Permitted Use Table of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Sec. 21.5.8 Permitted Use Table A. Use of Land and Buildings Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this UDC. B. Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the following Permitted Use Table. Legend for the Permitted Use Table: P I Use is permitted in district indicated Error! Unknown document property name. 4 Park District AD Agricultural District 217,80 100 100 25 25 25 2 35 30% hk,o MSM Main Street Mixed 5,000 50 100 10 5 20 2 35 80% h,j,k,m,n U Use Key: a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units per acre. b. 1.5 parking spaces per bedroom. C. Zero lot line Garden Homes. d. 20 -foot paved alley for ingress /egress to all rear garages. e. 5 -foot shall be designated maintenance easement. f. Corner lot shall have 10 -foot side yard setback from street right -of -way. g. 25 -foot set back to property line adjoining public street. h. Comer lot shall have minimum 15 -foot side yard setback from street right -of -way. i. Minimum lot area for each unit. Site Plan approval required. k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. 1. No variances may be permitted to exceed the maximum impervious cover limitations m. Refer to Article 14, section 21.14.3 for additional design requirements n. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage. o. Side yard setback of 7.5 ft. for R -1, R -2, R -3, R -6, R -7, and MHS continues in effect for all subdivisions veste on the date of adoption of Ordinance No. 11 -S -15. Section 4. Unified Development Code, Table 21.5.8 Permitted Use Table of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Sec. 21.5.8 Permitted Use Table A. Use of Land and Buildings Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this UDC. B. Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the following Permitted Use Table. Legend for the Permitted Use Table: P I Use is permitted in district indicated Error! Unknown document property name. 4 S Use is permitted in district indicated upon approval of Specific Use Permit Use is prohibited in district indicated Error! Unknown document property name. Error! Unknown document property name. Table • Order RESIDENTIAL USES COMMERCIAL /INDUSTRIAL USES PRE AD RA R -1 R -2 R -3 R -4 R -6 R -7 MHS MHP GH TH OP NS GB GB -2 M -1 M -2 PUB V r N W n E E V c C N N I I I V E 0 lC i , a �' >' T T O = =O O = m E .�. N •N O 00) = d C C N a 3 = a+ ' E E E a> E E E v •N m. v i1 L o x o m w c d L c rn c'_„ 7 = �' D O ip LL LL ,� LL Ip 1= = U. U- � r a y fin E PERMITTED USES a � � m y m s � 07 � � u0i > d " c0i y 'C d d O lE "' 7 G1 d a=. V V 'a O to U Q C H Q Q M C Co IC 7 !n t0 3 M t C Ca d O) C 3 C 7= U CL a �n N �n N O Z d W g a �? P P P P P P P P P P P P Accessory Building, Residential P P Agricultural/Field Crops P P Airport, Heli ort or Landing Field S P P Alcohol Package Sales P P P P Antenna and /or Antenna Support S S S S S Structure, Commercial P Antique Shop P I P I P P Appliances, Furniture and Home P P P P Furnishings Store P Art Gal ler /Librar /Museum P P P P P Assisted Care or Living Facility S P P Athletic Stadium, Private S S S S S Athletic Stadium, Public P Automobile Parking Structure/Garage S P P P S Automobile Parts Sales P P P P Automobile Repairs & Service, Major S P P Automobile Repairs & Service, Minor P P P Automobile Sales S P P P Bakery P P P P Bank, Saving and Loan, Credit Union P P P P P P Beauty Salon /Barber Shop P P P P P S S S S S S S S S S S P Bed and Breakfast Inn S P P P Book Store S P P P Bottling Works P P S Building Material and Hardware Sales P P P Cabinet or Upholstery Shop P P Car Wash, Automated P P P Car Wash, Self Serve S EPP P P S S Cemetery or Mausoleum P Error! Unknown document property name. Error! Unknown document property name. Table 21.5.8 permitted Uses— Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL /INDUSTRIAL USES PRE AD RA R -1 R -2 R -3 R -4 R -6 R -7 MHS MHP GH TH OP NS GB GB -2 M -1 M -2 PUB c V O o O o 2 'o N U '($ '($ d .2 N Y CL C w E m E E E .- d M d Y O 2 = y d 0 L i 0 •N 3 t 7 j v U- ?= C PERMITTED USES O- m u>i w U N m m O o 3 m aLLi 0� R a °'ate 0 a 06 s W 0 V a �a _ a� J� c� 3 z d d a in rn in in 0 C9 a=i a. O O S S S S S S S S S S S S S S Church, Temple, Synagogue, Mosque, P P P P P P P or Other Place of Worship Civic /Convention Center P P P P P College, University, Trade, or Private P P P P Boarding School Commercial Amusement, Indoor S P P P Commercial Amusement, Outdoor S P P Community Center P P P P Concrete /Asphalt Batching Plant S S Convenience Store w/o Gas Pumps P P P P Convenience Store w/ Gas Pumps S S S Dance Hall /Night Club P P P P Day Care Center S P P Department Store P P P Dry Cleaning, Major S P P P Dry Cleaning, Minor P P P P P P P P P P P P P P P Family or Group Home S P P P P Farmers Market P P P Flea Market, Inside P P P S Flea Market, Outside S P P P Florist S P P P Fraternity, Sorority, Civic Club or Lodge P P Furniture Sales S P P P Gasoline Station /Fuel Pumps S S S P P P P P P P P P P P Gated Community General Manufacturing /Industrial Use P P S P P P P P P P P P P P Golf Course and /or Country Club P P P P Governmental Facilities P P P P P P P P Gymnastics /Dance Studio P P P P P Error! Unknown document property name. Error! Unknown document property name. Table RESIDENTIAL USES COMMERCIAL /INDUSTRIAL USES PRE AD RA R -1 R -2 R -3 R -4 R -6 R -7 MHS MHP GH TH OP NS GB GB -2 M -1 M -2 PUB V N CO O o O o 2 i C o N N ! ! U '($ '($ d a d a Y CL C w d E E .- d M d Y O 2 = d 0 L i 0 •N 3 t 7 j LL E ?= C y PERMITTED USES o- m u�i w U N m m O o 3 m aLLi 0� R a °'ate 0 a s W 0 �a _ a� J� 3 06 d V a in in in in c� 0 z d a O O a' Hazardous Waste S P Health /Fitness Center P P P P P S Heavy Equipment Sales, Service or P P P P Rental Home Improvement Center P P P Hospital P P P Hotel /Motel P P P P Household Appliance Service and P P P S S S S S S S S S S In -Home Day Care Landfill S Laundromat P P P P P Livestock P P P P Locksmith /Security System Company P P P P Medical, Dental or Professional P P P P P Office /Clinic Mini - Warehouse /Public Storage S P P S P P Manufactured /Mobile Homes Manufacturing P P Mortuary /Funeral Home P P P S P Multi - Family Apartment Dwelling P P P P P P P P P P P P P Municipal Uses Operated by P P P P P P P the City of Schertz P Museum S P P S Nursery, Major S P P P Nursery, Minor P P P Office Showroom P P P Office - Warehouse /Distribution Center P P Error! Unknown document property name. Error! Unknown document property name. RESIDENTIAL Table 21.5.8 Pen-nitted Uses- USES Uses by Alphabetical Order COMMERCIAL /INDUSTRIAL USES PRE AD RA R -1 R -2 R -3 R -4 R -6 R -7 MHS MHP GH TH OP NS GB GB -2 M -1 M -2 PUB Q. Q_ m' a V D L 3 `a' a w 3 v c d a1 �a r E a fn N 1= LL = fN R LL 3 H 1= .I° .s O.7 a2 to I t6 a N N h I m U_ N - N £ O 'C •y i� 3 .- c� £ O 'a i i a � c d O = c m '6 cc a N 5 Y d E L 3 F PERMITTED USES C O Q a 0� V tt: O p V s Z L0) Q) z N 3 m i a=i c� N Vl m d d O I 3 t rn m •- jJ m I 7 R d 7= � V m w _ V a P P P One-Family Dwelling Attached P P P P P P P P P P P P One - Family Dwelling Detached P Packaging /Mailing Store P P P P P P P P P P P P P P P P P Park /Playground /Similar Public Site Pawn Shop P P P Pet Store P P P P Pharmacy S P P P Portable Building Sales S P P Post Office P P P P P P P Print Shop, Major P P P Print Shop, Minor P P P P P Private Club P P P P Railroad /Bus Passenger Station S P P S S P Recreational Vehicle Park Recreational Vehicle Sales and Service P Recycling Collection Center P P P Recycling Collection Point P P P P P P P Recycling Facility S S Rehabilitation Care Facility S P Restaurant, Drive -In P P P P S Restaurant or Cafeteria P P P P P P Retail Stores and Shops P P P P P P P P P P P P P P P P P P School, Public or Private P P P P P P P Sexually Oriented Business (See Ordinance No. 02 -L -16) S P P Stable, Commercial P P Storage or Wholesale Warehouse S P P Tattoo Parlors /Studios P Tavern S P P S Error! Unknown document property name. Error! Unknown document property name. 10 Table 21.5.8 permitted Uses— Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL /INDUSTRIAL USES PRE AD RA R -1 R -2 R -3 R -4 R -6 R -7 MHS MHP GH TH OP NS GB GB -2 M -1 M -2 PUB V O O 2 N U C o o d .2 'o N Y CL C w E m E E '($ .- d M '($ d Y O 2 = d L i 0 •N 3 t 7 j U- E ?= C y PERMITTED USES 0 O- m u�i w U N m m O o 3 m aLLi 0� R a °'ate 0 a s W �a _ a� c C 06 0 V CL in rn in in C c� 3 0 U z d C7 d a O a=i O a. Taxidermist P P P Theater, Outdoor P P P Theater, Indoor S P P P S Tool Rental S P P p Trailer /Manufactured Homes Sales P P P Truck Sales, Heavy Equipment P P Truck Terminal S P P P P Two-Family Dwelling P Veterinarian Clinic / Kennel, Indoor S P P P P P Veterinarian Clinic / Kennel, Outdoor S P P S Welding /Machine Shop P P P P Wrecking or Salvage Yard S S S S S S S S S S S S S S S New and Unlisted Uses S S S S S S S Error! Unknown document property name. 10 C. New and Unlisted Uses It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made in accordance with this section. 2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. 3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC. Section 5. The current UDC, Section 21.10.4 Schedule of Off - Street Parking Requirements is hereby amended as follows: Sec. 21.5.9 Schedule of Off - Street Parking Requirements A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 21.10.4 Schedule of Off-Street Use Type Parking Requirement Amusement, Commercial 10 spaces, plus 1 space for each 100 square feet of (Indoor) total floor area over 1,000 square feet Amusement, Commercial 1 space per 500 square feet of outdoor site area Outdoor plus 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or 1 space for each 250 square feet of gross floor area Other Financial Institution Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group 1 parking space for each 2 beds Home, Home For The Aged Dance, Assembly And 1 space for each 100 square feet used for assembly Exhibition Halls Without Fixed or dancing Seats 11 Table 21.10.4 Schedule of Off-Street Use Type Parking Requirement Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed 1 space for each sleeping room or suite plus 1 Hotel Or Motel space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And 10 spaces plus 1 space for each 300 square feet of Student Centers floor area Lodging Houses And Boarding 1 space per each two (2) persons capacity of Houses sleep ng facilities Manufacturing, Processing Or -overnight 1 space for each 2 employees or 1 space for each Repairing 1,000 square feet of total floor area, whichever is eater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area 1 space for each 300 square feet of office floor area Miniwarehouse plus 1 space for each 3,000 square feet of storage area 1 parking space for each 50 square feet of floor Mortuary/Funeral Home space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or Other 1.5 spaces per bedroom Similar Use Offices 1 space for each 250 square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity 1 space per person capacity of permanent sleeping Buildings And Sorority facilities Buildings Residential Care Facility 1 space per each two (2) persons 1 parking space for each 100 square feet of gross Restaurants floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area 1 space for each classroom plus 1 space for every School, All Other Schools four (4) seats in any auditorium, gymnasium or other common place of assembly 1 space for every three (3) students, faculty and School, High School And staff plus 1 space for every four (4) seats in any Vocational auditorium, gymnasium or other common place of assembly (based on maximum design capacity) Shopping Center Or Mall 1 space for each 250 square feet of gross floor area 12 Table 21.10.4 Schedule of Off-Street Use Type Parking Requirement Single Family Attached And 2 parking spaces per dwelling unit Detached Dwelling Units Theaters, Auditoriums, Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, square feet of gross floor area, whichever is less Conference Center, Convention (based on maximum design capacity) Center Or Other Place Of Public Assembly 1 space for each 3,000 square feet of sales area Vehicle Sales Or Rental (open and enclosed) devoted to the sale, display or rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area 1 space for each 2 employees or 1 space for each Warehouse 1,000 square feet of total floor area, whichever is eater B. New and Unlisted Uses When a proposed land use is not classified in this section, the parking requirements will be based on the minimum standard which applies to a specified use which is most closely related to the proposed land use, as determined by the City Manager or his/her designee. C. Mixed Uses In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the City Manager or his/her designee may reduce the total requirements accordingly, but not more than twenty-five percent (25 %). D. Joint Use of Facilities Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. E. Properties Zoned Main Street Mixed -Use 13 Properties zoned Main Street Mixed -Use shall only be required to provide two (2) on -site parking spaces but must still provide the minimum required number of handicapped spaces on site Section 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 7. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED ON FIRST READING, the 12,th day of November, 2014. Formatted: Font: Bold Formatted: Font: Bold PASSED, APPROVED and ADOPTED ON SECOND READING, the 18."' day of Formatted: Indent: First line: 0" November, 2014. Formatted: Font: Bold Formatted: Font: Bold CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter 14 ATTEST: City Secretary, City of Schertz, Texas (CITY SEAL) 15 SCHIERTZ OPPORTUINITY PUBLIC WORKS DEPT. November 18, 2014 To: Mayor and Council From: Sam D. Willoughby, Public Works Director 50—� Re: Project Updates The Public Works Department is providing updates per Council request for the following projects: Arroyo Verde Channelization Project Background: Concerns over undermining of the bridge structure of Arroyo Verde drive prompted the City to contact the Arroyo Verde HOA who was responsible for maintenance of the channel. After meeting with Arroyo Verde Residents and the HOA Board of Directors agreement was reached to dedicate a drainage easement to the City to allow the City to make improvements to the channel and take over ongoing maintenance. The improvements will also facilitate easier maintenance of the area so that the channel can be kept clear and not hinder the flow of water during rain events. In June of 2013, the HOA Board of Directors granted the easement to the City of Schertz. Following the easement, the City engaged an engineer to design the channel improvements. Update: In February of 2014, the City began construction on the channel. The first step involved removal of trees from the area of work. City crews began removing more than 5,300 cubic -yards of dirt and forming the channel to carry storm water and slow down the natural erosion that previously existed on the narrow channel. The work was being done by the Public Works Department as time allowed to save money. Last month, the crews installed erosion control rock mattresses in the substantially complete channel to keep the channel from silting up while vegetation is established. With the recent rains, City crews have not been able to re -enter the channel to finish the fine grading. As soon as possible this will be done and seed will be spread. Since many trees were removed as part of the channel improvements, the City offered as part of the project to plant 50 trees to contribute to the vegetative barrier between the residents of Arroyo Verde and FM 3009. This has been scheduled by the Park's Department to take place in February 2015. The City has expended $14,240 for engineering services per Resolution 13 -R -88 on the project. To date, the construction cost has totaled just under $20,100 for the contracted services and the cost of materials. We estimate the crews will need approximately two - weeks of dry weather to complete the fine grading at which point vegetation will be established to provide natural erosion control for the channel. SCHIERTZ OCOMMUNITY PP RTUNITY PUBLIC WORKS DEPT. Lowes Channel Update Background: The City received multiple complaints from residents in the Mobile Villa Subdivision regarding the back -up of storm water and the flooding of lots. Update: Public Works has inspected and researched the area during major rain events. As part of that effort, it was determined that a grate that was installed in the Forest Ridge subdivision between Forest Ridge and Lowes was contributing to the problem. This grate has been removed by our Department. We have been monitoring the channel during rain events during the day and at night. Since the grate was removed there has been no issue with water going out of the channel. Public Works staff has visited with the property owners after these rain events to make sure that there have been no further issues. The residents indicated that problems occur when we receive a larger amount of rain in a very short time frame. Public Works will continue to monitor this channel during rain events and report any issues back to management and the residents. Schertz Parkway Walking Trail Cracks Update Background: The Public Works Department received complaints of large cracks in the walking trail along Schertz Parkway that were a tripping hazard. Update: The Streets Division has repaired the cracks and is inspecting the area on a regular basis to insure that any future cracks are sealed before causing a hazard to walkers. F)