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01-23-2018-2 Amended Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL January 23, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Kiser) Recognition and Presentation • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor /Council /Executive Management) - Student Mayors — Dobie Jr. High, 8th Grade Symantha Noe] and Corbett Jr. High, 8th Grade Maximillan Uridales - Student Councilmembers — Dobie Jr. High, 7th Grade Okikijesu Adejuyigbe and Corbett Jr. High, 7th Grade Kassen Dilworth Presentation • Certificates of Recognition from SCUCISD for facilitating the City of Schertz Student Mayor /Student Council for the Day program. (R. Williams) Employee Recognition: • 30 Year Service Recognition to Kirk Timke, Fire Battalion Chief. (J. Kessel) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) • Announcements and recognitions by the Mayor (M. Carpenter) 01 -23 -2018 Council Agenda Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Dearing 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 consideration and /or action regarding the confirmation, appointment or election of the Mayor Pro Tempore. (M. Carpenter) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of January 9, 2018. (J. Kessel /B. Dennis) 2. Ordinance No. 18 -S -01 — Consideration and or action on a request to rezone approximately 27 acres of land from Pre- Development District (PRE) to Apartment /Multi - Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1.518 and IH -10. Final Reading (B. James /L. Wood/ B. Cox) 3. Ordinance No. 18 -S -02 - Consideration and or action on a request to rezone approximately I acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. Final Reading (B. James /L. Wood/ E. Grobe) 4. Ordinance No. 18 -S -03 - Consideration and or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 1.0, Section 21.10.4 Schedule of Off - Street Parking Requirements. Final Reading (B. James /L. Wood/ E. Grobe) 01 -23 -2018 City Council Amended Agenda Page - 2 - 5. Ordinance No. 18 -S -04 - Consideration and/or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), update "Director of Development Services" and to remove "Development Services Department ". Final Reading (B. James /L. Wood/ E. Grobe) Discussion and Action Items 6. Resolution No. 18 -R -07 — Consideration and /or action approving a Resolution authorizing the Advanced Funding Agreement from TxDOT for the Schertz Pedestrian Routes and Bike Lanes project. (B. James /L. Shrum) 7. Boards, Commissions and Committee Member Appointment— Consideration and/or action appointing Ms. LaDonna Bacon as a regular member to the Planning and Zoning Commission. (Mayor /Council /B. Dennis) 8. Appointment of an Interim City Manager — Discussion and possible action regarding the appointment of an Interim City Manager. (Mayor /Council) 9. Discussion and possible action regarding the City Council Code of Ethics, including but not limited to the section titled "Ethical Conduct Rules ". (Mayor Carpenter) 10. Discussion and possible action regarding the City Council Rules of Conduct and Procedure, including but not limited to the Code of Conduct; Article 2, section 2.2.13; Article 2, section 2.5; and Article 3, section 3.5. (Mayor Carpenter) 11. Discussion and possible action regarding the City Charter, its individual and several provisions and possible interpretation(s) and/or clarifications by the City Council, including but not limited to Article 4, Section 4.07, Prohibitions; and Section 4.08, Powers of the City Council. (Mayor Carpenter) Roll Call Vote Confirmation Closed Session 1.2. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -037 • Project E -038 01 -23 -2018 City Council Amended Agenda Page - 3 - 13. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment of an acting City Manager. 14. City Council will meet in closed session under section 551.071 of the Texas Government Code, regarding Consultation with the City Attorney to discuss the severance for Mr. Kessel. Reconvene into Regular Session 1.2a. Take any action based on discussions held in closed session under Agenda Item 12. 13a. Take any action based on discussions held in closed session under Agenda Item 13. 14a. Take any action based on discussions held in closed session under Agenda Item 14. Roll Call Vote Confirmation Requests and Announcements 1.5. Announcements by City Manager. 16. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 1.7. 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 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 20th DAY OF JANUARY 2018 AT 3:10 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. gT;>ENDA DENNIS Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE 01 -23 -2018 City Council Amended Agenda Page - 4 - OFFICIAL BULLETIN BOARD ON DAY OF 2018. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis— Place 1 Main Street Committee Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Audit Committee Main Street Committee — Vice Chair Investment Advisory Committee Investment Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Scagliola — Place 5 Interview Committee for Boards and Interview Committee for Boards and Commissions - Commissions Alternate Cibolo Valley Local Government Corporation Hal Baldwin. Scholarship Committee Main Street Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 01 -23 -2018 City Council Amended Agenda Page - 5 - STANDING RULE 16-sm1 A STANDING RULE ESTABLISHED BY TEE CITY COUNCIL OF THE CITY OF SCHERTZ PURSUANT TO AND AMENDING THE CITY COUNCIL RULES OF PROCEDURE AND SETTING THE PROCEDURE FOR APPOINTING A. MAYOR PRO TEMPORE During its meeting of Janu ay 12, 2016, during deliberations following the taking up of a properly posted item on the. agenda for both discussion and action, the Schertz City Council established, by majority vote, pursuant to Article 5, Section 5. 1, Subsections (4), (b) and (g),. its standing rule for appointing a Mayor Pro T6mpore: 1. Mayors Pro TqmpQre '5hall be appointed for one year -terms beginning and ending. -in .February of each year 2. Mayors Pro Tempore shall be appointed by a majority vote of the City Council following a. properly mademotion. to appoint a member who is both: a, Eligible to. serve as Mayor Pro TempQre b. Is, at the time of the motion, a Councilmember in. good. staddirig In accordance with the City Council Rules of Procedure this standing rule shall remain in effect -until such time as it is-specifical . repealed or ordinance, specifically Jy .1 . . I ... and Chairman, Michael R. Carpenter Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on January 9, 2018. HHZTG • ' • On RM RECOMMENDATION Staff recommends Council approve the minutes of the Regular meeting of January 9, 2018. ATTACHMENTS Regular Meeting of January 9, 2018 minutes MINUTES REGULAR MEETING January 9, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 9, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charlie Zech City Secretary Brenda Dennis Mayor Carpenter called the regular Assistant to the at 6:00 p.m • Animal Services Stephanie Ramirez, Kennel Technician • Business Office - Utility Billing Manager Dawniecia Hardin- Trussel • IT - Antonio Valenzuela, Help Desk Technician • Parks - Robert Dobratz, Park worker I Mayor Carpenter recognized each department supervisor who provided a brief bio on their new employee. Mayor Carpenter gave each new employee the opportunity to speak. Mayor and Council welcomed all the new staff members aboard. 01 -09 -201.8 Minutes Page -1- Mayor Carpenter moved to agenda item 7 as most of audience participants were here for that item. 7. Ordinance No. 18 -S -02 — Conduct a public hearing and consideration and or action on a request to rezone approximately 11 acres of land from Single- Family Residential District PH (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. First Reading (B. James /L. Wood/ E. Grobe) The following was read into record: ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF- THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL'' ZONING MAP BY REZONING APPROXIMATELY 11 ACRES OF LAND, FROM SINGLE- FAMILY RESIDENTIAL, (R -1) TO NEIGHBORHOOD SERVICES DISTRICT (NS). Mayor Carpenter recognized Planner I Emily Grobe who stated the applicant is proposing to rezone approximately 11 acres cif land, from Single-family Residential. District (R -1) to Neighborhood Services District (NS). The applicant has submitted. a letter of intent which indicates the proposed development of a ehureh. The proposed rezone is for approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 1.70 feet southeast of the, intersection of FM 3009 and Wiederstein Road. The applicant is requesting to rezone the property from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The Comprehensive Land Use Plan section which reviews this portion of central Schertz was adopted in 2002; at that time the subject property was zoned for single - family residential uses. The 2013 . Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine central, where the subject property is located. Since the Schertz Sector Plan amendment did not 01 -09 -2018 Minutes Page - 2 - review this area, the subject property is identified as Single - Family Residential desired property. However, the existing zoning and land uses adjacent to the subject property are Neighborhood Services, and Single - Family Residential which are identified on the Future Land Use Plan, the Single - Family :Residential land use characteristic. With the subject property adjacent to FM 3009 and adjacent to a commercial development a zone change to Neighborhood Services is appropriate. The Comprehensive Land Use Plan describes the Single Family Residential land use characteristic as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow, ff, lower intensity commercial development. Neighborhood Services District is the zoning classification that has been assigned to proposed commercial development adjacent to single, family residential in previous years. Based on land use compatibility with the surrounding single - family residential and being supported by the goals and objectives of the Comprehensive Land Use Plan the request to rezone to Neighborhood Services (NS) is an appropriate zoning district. In keeping with the commercially desired land us Use Plan. Neighborhood Services would allow for single- ibed in the Comprehensive Land ,retail and services that would be ily ,residential used and zoned al zoning district such as General tend the already existing zoned ensive Land Use Plan, the existing land ost appropriate zoning district for this ed rezoning as submitted. and recognized the following who spoke: • Zak White- Pastor, for Revolution Church o Explained that Revolution Church would like to purchase the property in order to develop `a church at that location. • Maggie, Titteringtou_ 7130 Schertz Parkway • Indicated leer support of the proposed Revolution Church building on the site. • Indicated that the new location would be a great benefit to the community. • Mr. Art Wheatman, Fawn Drive, who asked if they are going to have a privacy fence along the side of the property. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Staff addressed concerns raised by Mr. Wheatman as well as other questions from council. Mayor Carpenter recognized Councilmember Davis who made a motion to approve Ordinance No. 18 -5 -02 first reading seconded by Councilmember Gutierrez. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and 01 -09 -201.8 Minutes page - 3 - Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpenter recessed the regular meeting at 6:30 p.m. for those present representing item 7 to leave the chambers. Councilmember Larson arrived at 6:35 p.m. Mayor Carpenter reconvened the meeting at 6:40 p.m. and moved to the Hearing of Resident's section of the agenda. Hearing of Residents Mayor Carpenter recognized the following individuals • Mr. Grumpy Azzoz, 528 Wayward Pass, who stated during the 2016-2017 , per * d, Schertz received a lot of negative media coverage '`which:discouraes outside businesses and citizens considering relocating to our city. He himself is now reluctant to purchase more properties in the area for future development. This ned to stop. Mr. Robert Westbrook;, SCUCI D'Board President, who came to introduce himself and to reassure everyone to continue to be good stewards our money and our students, open communication and hard leadership. Whatever hard work Dr. Gibson and past Board Presidents, have done he wants to continue to do the same. He will share his name number and personal email number with all the Council and if he can do anything to further their goals, fostering communication with the School. District and the City of Schertz, he will make every effort to do so. He will follow -up with Dr. Gibson and follow the cities lead with Communities in Schools, and national mentoring month. He also wants to continue the relationships build with the City. Mayor Carpenter recognized Cub Scout Caleb Reeder with Pack 343 who was in the audience this evening. Mayor Carpenter moved to agenda item 6. 01 -09 -201.8 Minutes Page - 4 - 6. Ordinance No. 18 -S -01 — Conduct a public hearing and consideration and or action on a PH request to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment /Multi - Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1518 and IH -1.0. First Reading (B. James /L. Wood/ B. Cox) The following was read into record: ORDINANCE NO. 18 -S -01 AN ORDINANCE BY THE CITY COUNCIL OF TEXAS AMENDING THE OFFICIAL ZONES APPROXIMATELY 27 ACRES OF LAND 1, DISTRICT (PRE) TO APARTMENT /MULTI -FAMII (R -4). Mayor Carpenter recognized Senior Planner Bryce Co) Dealers XV, LTD is proposing to rezone,= pproximat Development District (PDD) to Apartment / Multi -Farm future development of multi - family housing. is THE CITY OF SCHERTZ, G= MAP BY REZONING :OM I PRE- DEVELOPMENT Y RESIDENTIAL DISTRICT who stated the applicant, Dirt 27 acres of ind: from Pre - Residential (R4) to allow for feet north of the intersection the floodplain. The subject ie San Airtbirio Express News on December 20, were mailed to surrounding property owners J property on November 30, 2017, prior to the :hat took place on December 13, 2017. At the .ir (4) responses in favor of the request. The red a public hearing on December 13, 2017 at related to this rezoning request. Tie proposed rezone i for approximately 27 acres of land from Pre - Development District (PRE) to Apartment /-Multi - Family Residential District (R -4) located approximately 1,500 feet ncth of the intersection of FM 1518 and IH -10. The Planning and Zoning Commission conducted the public hearing on December 13, 2017 . where during commissioner discussion a couple of commissioners discussed concerns about sewer. Thy commission offered a recommendation of approval by a vote of 4 — 2 with Mr. Evans and Mr. Greenwald voting nay. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Apartment /Multi - Family Residential is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. Mayor Carpenter opened the public hearing and recognized Mr. Patrick Christensen, who was here repesenting the applicant, who provided information on this item. As there was 01 -09 -2018 Minutes Page - 5 - no one else who spoke, Mayor Carpenter closed the public hearing for Council comments. Mr. Cox addressed questions from Council. Mayor Carpenter recognized Councilmember Crawford who made a motion to approve Ordinance No. 18 -S -01 first reading seconded by Councilmember Kiser. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpenter moved back to the regular order of the agenda. • Announcements of upcoming City Events (B. James /D, Wait /S.' Gonzalez) Mayor Carpenter recognized Executive Director Briah,Janes who provided the following announcements: Monday, January 15th Citv Offices Closed in Observance of Martin Luther King." Jr. D Friday, January 191h Tuesday, January 16th • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpente',recognized City Manager John Kessel who wished Council a happy new year. Mr. Kessel stated that he wants to recognize one of our Building Inspector Will Dalrymple. Mr. Kessel stated he continues the path of getting more and more inspectors certification. The most recent one is the Commercial/Electrical Certification and thinks that about every two months he is getting a new certification. Mr. Kessel stated that Will is very engaged and making certain that he can provide the best service possible. His certifications are a real help to the inspections department and to the community. 01 -09 -2018 Minutes Page - 6 - Workshop Presentation and update regarding the establishment of the Building and Standards Commission. (B. James/ L. Wood/ E. Grobe) Mayor Carpenter recognized Director of Planning and Community Development Lesa Wood, Planner I Emily Grobe and Environmental Law Enforcement Officer Thomas Brooks who by PowerPoint presentation provided information regarding the establishment of the Building and Standards Commission. Each staff member answered questions from Council. Presentation and update regarding the 4th Quarter 201 Mayor Carpenter recognized Finance presentation provided the 4th Quarter Fir from Council. Consent Agenda Items The Consent Agenda is considered self motion. There will be no separate dis, Consent Agenda upon the request of the 1. Minutes — C( of the regular meeting of Di 44 -and/or action of December 12, 191 2017. (J. Kes and items (J. Walters) Walters who by PowerPoint Mr. Walters addressed questions by the Council with one v are removed from the ling the approval of the corrected minutes and approval of the minutes of the regular Dennis) 2. Resolution No. 18 -W04 — Consideration and/or action approving a Resolution authorizing the Fourth , Quarter EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjus'tments ' .rid Schett : Magazine Debt :Revenue Adjustments for certain inactive outstanding accont receivables. (B,. James /J. Walters /R. Rosales /J. Mabbitt /L. Klepper) was read into RESOLUTION NO. 18 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Scagliola who made a motion to approve consent items 1 and 2 seconded by Councilmember Davis. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -201.8 Minutes page - 7 - Discussion and Action Items 3. Resolution No. 18 -R -01— Consideration and/or action approving a Resolution authorizing expenditures with Ford Engineering, Inc., totaling no more than $100,000 for Professional Engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -18 fiscal year. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -0 Staff recommends that Council approve Resolution 18 -R -01 authorizing additional expenditures with Ford Engineering, Inc., totaling no more than $100,000 for professional engineering - related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -201.8 fiscal year. Ms. Woodlee addressed questions from council. Mayor Carpenter recognized Councilmember Davis who made a motion to approve Resolution No. 1.8 -R -01 seconded by Councilmember Kiser. The vote was unanimous with, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -201.8 Minutes Page - 8 - 4. Resolution No. 18 -R -02 - Consideration and/or action approving a Resolution authorizing expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $75,000 for Professional. Engineering - related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year. (B. James /K. Woodlee) The following was read into record: RESOLUTION NO. 18 -R -02 A RESOLUTION BY THE CITY COUNCIL OF T1= AUTHORIZING EXPENDITURES WITH LO, NEWNAM, INC., TOTALING NO MORE THAN ENGINEERING - RELATED SERVICES ON UNRELATED PROJECTS, EACH OF Vti?HICH IS THE 2017 -2018 FISCAL YEAR AND OTHER THEREWITH Mayor Carpenter recognized City Andrews & Newnam, Inc. (LAM) Engineering Services via Resolution', for one year each time. The agreeme 52. The City's practice is to seek vendor exceed $50;,000,4none fiscal Engineer Kathy Woodlee who stated Lockwood, City has several „ projects onzing up services will be fiauired. and LAN is a awarded a three -year agreement for On -Call "sfi,with an option tc extend the agreement twice extended for the first time via Resolution 17 -R- zation ftom', Council when expenditures with a In addition”, to ongoing projects with LAN, the ned below) for which professional engineering ied to provide such services. In addition to the known projects,, the Engineering and Public Works Departments have a periodic heed for engineering and/orsurveying services with limited scope. As such, it is desired that Staff have the ability to request consulting services to be provided and invoiced od,an hourly basis a "needed., Any "contract with a value of $50,000 or greater proposed to be: awarded to LAN will be brought before City Council for approval. Staff requests the ability tq process agreements with LAN that have a value less than $50,000 — for which funds are budgeted — without further specific Council approval. Staff recommends that Council approve Resolution 1.8 -R -02 authorizing additional expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $75,000 for professional engineering - related services on various separate and unrelated projects, each of which is less than $50,000, during'the 2017 -2018 fiscal year Mayor Carpenter recognized Councilmember Larson who made a motion to approve Resolution No. 18 -R -02 seconded by Councilmember Crawford. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -2018 Minutes Page - 9 - 5. Ordinance No. 17 -S -50 - Conduct a public hearing and consideration and /or action on an PH amendment to the Code of Ordinance and Unified Development Code of the City of Schertz, establishing a Building and Standards Commission, providing a criminal Penalty, providing for publication, and providing an effective date. First Reading (B. James/ L. Wood / E. Grobe) The following was read into record: ORDINANCE NO. 17-S-50 AN ORDINANCE OF THE CITY OF SCHERTZ; TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS; ESTABLISHING A BUILDING AND STANDARD$ COMMISSION; PROVIDING A CRIMINAL PENALTY; PROVIDING FOR. , PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.,:, Mayor Pro- Tem Edwards arrived at 8:27 p.m. Mayor Carpenter opened the public hearing and the following individuals spoke: • Mr. Richard Dziewit, 2550 Chasefield Drive, who had concerns about the usage of non - compliant materials and resulting compliance efforts and dealing with conflicting rulings between the Board of Adjustments and the new board. He is confused as to why a second board is needed. • Mr. Glen Outlaw, 3729 Forsyth Park, who stated he thinks it is a legal issue that needs to be solved. Since BOA cannot hear appeals, someone else has to do that. However, board members would need to have an enormous amount of expertise in the building and fire code issues. Also, the city building official and the fire marshal 01 -09 -2018 Minutes Page - 10 - are enforcement officials. Your normal board members would most likely not have the specifically needed knowledge necessary to make solid rulings. As no one else spoke, Mayor Carpenter closed the public hearing and invited Executive Director Brian James and Planner I Emily Grobe back to the podium to address the mentioned concerns. Mr. James stated one of the concerns they are trying to address is putting the decision making in front of the right board along with the appropriate background information and staff input. They want to avoid sending cases to a board that does not have the authority to hear them. Other Council concerns and comments were: • BOA members—Do they have any of the specific skill set needed? It is important to ha, • Where the document refers to '10 days', this only or does it mean calendar days? • Subject experts are city staffers already on be Officers, Sanitarian, Building Official, Eninf • Having due process available without the e i • As the city grows there will probably be more • Civil penalty amounts /processes— excessive • What is our overall liability? that would meet this right people. more clatitv, Is it business days Marshal, of going to district court. need for this type of board. w (up to $1,000 /day)? put this in place and the Council is completely the Council does not appoint anyone, then the is they pass it to put it in place and not appoint h some of the clarifications brought forward rve, and (b) Council exercise its authority to not and satisfied that it is the right time to move to the right place. He asked Council to pass this item this evening and work individually with staff on items of concern and plan -n havingfiiture discussion on what they might do to find qualified people (i.e., advertisement in Schertz Magazine). He feels we can find the right candidates. This board will function almost like a jury with support, knowledge and experience from city staff members. Councilmember Crawford suggested bringing this item back in a few weeks (i.e., first week of February) with the changes made that Council talked about this evening and pass it then. After that we could work on some of the other things we talked about. Mayor Carpenter concurred stating if one were to make a motion to approve this ordinance and stipulate a date to come back that is more than a meeting or two or three into the future, he thinks it would be looked on favorably by Council. Mayor Carpenter recognized Councilmember Gutierrez who made a motion to approve Ordinance No. 17 -5 -50 first reading with the modified changes as specified identifying the calendar days /business days on the document and then bring it back up for review. 01 -09 -201.8 Minutes Page - 11 - Mayor Carpenter asked if that would be three meetings out, the second meeting in February as an example? Councilmember Gutierrez said yes. For other changes, the staff could work with other members of Council and bring that back the second week of February. A second to the motion was made by Councilmember Crawford. For clarification the Mayor restated that the motion is to approve Ordinance No. 17 -S -50 with the changes with regard to specifying calendar or business days and then revisiting it for a second reading during the second week of February. The, vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Ordinance No. 18 -S -03 - Conduct a public PH amendment of Part III, Schertz Code of O Article 10, Section 21.10.4 Schedule of Of (B. James /L. Wood/ E. Grobe) The following was read into 0 1 ;ideration and or action on an J Development Code (UDC), Requirements. First Reading Carpenter a staff has as established by the Marcos, Frisco, Geoi Braunfels. d'Planner I Emily Grobe who stated that over the last year the i Section 21.10.4 in great detail to see if the City of Schertz in line with the established target cities and Parking Standards rican Planning Association. Cities they looked at were San in, Round Rock, Temple, McKinney, Pflugerville and New The current parking table and current permitted use table were looked at for any inconsistencies. It was determined that an update to UDC Section 21.1.0.4 was needed. She reviewed for Council the proposed staff changes regarding use type, parking requirements, and proposed updates /comments. Staff also looked at how the UDC currently stipulates parking which says that parking shall be provided based on the use which most closely relates to the proposed land use. The problem is that the most closely related land use may have very different parking needs. 01 -09 -2018 Minutes Page -12 - Other cities provide more flexibility for unlisted uses and allow the applicant to provide a parking ratio they feel is appropriate and allow City staff to approve or deny it. They are proposing to increase the flexibility for future potential applicants. City staff can also assign an appropriate parking ratio based on planning and transportation best practices. The proposed amendment was heard at the Planning and Zoning Commission meeting on December 13, 2017. The Planning and Zoning Commission offered a recommendation of approval with a vote of 5 -1 with Commissioner Evans voting nay based on concerns with eliminating use types from the parking table. Notice of City Council's Public Hearing was published in the San Antonio Express News on December 20, 2617. Staff recommends approval of Ordinance 18 -5 -03, an amendment to the Unifie d Development Code (UDC), Article 10, Section 21.10.4, Schedule of Off - Street Parking Requirements as presented. Mayor Carpenter opened the public hearing and as,the're were no speakers he closed the public hearing. Ms. Grobe, Senior Planner Bryce Cox and Executive Director Brian James addressed questions and comments from Council. 9. Ordinance No. 18-S-04-- Conduct a public hearing ud'consideration and /or action on an The following was ANCE NO. 18 -S -04 AN ORDINANCE BY THE °CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), UPDATE "DIRECTOR OF DEVELOPMENT SERVICES" AND TO REMOVE "DEVELOPMENT SERVICES DEPARTMENT ".* REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES= IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Planner I Emily Grobe who provided background information regarding the name change of the Development Services Department to the Planning and Community Development Department and the position of Director of Development Services to Director of Planning & Community Development. However, the Unified Development Code was not updated at that time to alter the current callouts for Director of Development Services and the Development Services Department Development Manual. 01 -09 -2018 Minutes Page -13 - The current proposed changes are to change all the call outs within the UDC for the Director of Development Services to `City Manager or his/her designee.' This will eliminate the need for future amendments if departments go through another reorganization or name change. They also recommend altering all call outs for Development Services Department Development Manual to read as Development Manual. With a recently adopted UDC Article 1 amendment a definition for Development Manual was incorporated. Since there is a specific definition for this manual, the proposed amendment is to correct the naming convention of the manual throughout the UDC. This information was heard by the Planning and Zoning Commission on December 1.3, 2017 and they offered a unanimous recommendation of approval. Staff recommends approval to the UDC Article 4,5,8,9,1.2,14 and 16 as presented.,, Mayor Carpenter opened the public hearing and as there were no speakers closed the public hearing. There were no questions or comments from Council. The following wa read into record: RESOLUTION NO. 18 -R -05 Mayor Carpenter recognized Finance Director James Walters who stated he would be presenting two Capital Improvement Reports tonight which would encompass the entire 2016 -17 Fiscal Year. These reports are required to be presented to the Capital Improvement Advisory Committee semi - annually and reviewed by them and approved to go before Council for adoption. He went over the report for October 1, 2016 through March 31, 2017 and the one for April 1, 2017 through September 31, 2017, . explaining the various categories, projects and associated costs. Mr. Walters and Executive Director Brian James addressed questions and comments from Council. Mayor Carpenter moved from the Chair, seconded by Councilmember Scagliola to approve Resolution No. 18 -R -05. The vote was unanimous with Mayor Pro -Tem Edwards, 01 -09 -201.8 Minutes Page -14 - Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for Items 1 -1.0. Requests and Announcements 1.1. Announcements by City Manager. There were no further announcements. 12. Requests by Mayor and Councilmembers that iterA , be' placed on a, future City Council agenda. There were no items requested. 13. Announcements by Mayor and Councilmembers Mayor Carpenter recognized Councilmember Gutierrez who stated he attended the Lower Seguin Bridge re- opening last month. Every bridge has its purpose and connects people and plkes, two cities, Sch rtz and Cibolo, and two counties, Guadalupe and Bexar. He had the distinct honor to be the first one to drive across the bridge. He also attended the Polar Bear Plunge event at Piekrell Park this past Saturday. It was very entertaining. He thanked the YMCA andlthe City Staff for putting this event together. Mayor Carpenter 'recognized Councilmember Scagliola who pointed out that TML is offering a webinar on Social Media on January 31 from 10:30 -11:30 a.m. He is going to sign up for it. You need to register for it. If we can get a computer in one of our conference rooms, anyone who is interested can watch it. 1.4. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Landscaping work update O1 -09 -2018 Minutes Page -15 - Election results for the Bexar Appraisal District Board of Directors, the election results of the Comal Appraisal District Board of Directors, and the election results of the Guadalupe Appraisal District Board of Directors for 2018-2019 term. Adiourumeut As there was no further business, Mayor Carpenter adjourned the meeting at 9:30 p.m. R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 01 -09 -201.8 Minutes Page -16 - CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: Subject: BACKGROUND Agenda No. 2 Planning & Community Development Ordinance No. 18 -S -01 — C consideration and/or action to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment /Multi- Family Residential (R -4) located approximately 1,500 feet northeast of the intersection of FM 1518 and IH -10. (Final Reading) The applicant Dirt Dealers XV, LTD. is proposing to rezone approximately 27 acres of land, from Pre - Development District (PRE) to Apartment / Multi- Family Residential (R -4) to allow for future development of multi - family housing. The subject property is generally located approximately 1,500 feet north of the intersection of FM 1518 and IH -10. A portion of the property is within the floodplain. The subject property is vacant. Public hearing notice was published in the San Antonio Express News on December 20, 2017. Eleven (11) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 30, 2017, prior to the Planning & Zoning Commission meeting that took place on December 13, 2017. At the time of this report, Staff has received four (4) responses in favor of the request. The Planning and Zoning Commission conducted a public hearing on December 13, 2017 at which time there was no citizen comments related to this rezoning request. City Council approved this on first reading at their meeting of January 9, 2018. . Goal The proposed rezone is for approximately 27 acres of land from Pre - Development District (PRE) to Apartment / Multi- Family Residential District (R -4) located approximately 1,500 feet north of the intersection of FM 1518 and IH -10. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property with the Transition land use characteristic. The objectives for the Transition land use characteristic area is to create an appropriate land use buffer between the highway oriented uses and the Estate neighborhoods. The transition would accommodate smaller scale garden office developments and multi - family residential buildings. • Comprehensive Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. Specifically, the proposed rezoning to R -4 provides a buffer between the approved Hallies Cove PDD immediately north of the site and the property south of the subject site that is zoned as General Business along FM 1518. • Impact of Infrastructure: The proposed rezoning should have a minimal impact on the existing water system, additionally should have a minimal impact on the proposed wastewater system due to CCMA's current plans for a South Schertz Plant that would provide sewer service for this general vicinity. • Impact of Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services, because it is consistent with the Comprehensive Plan for this area. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is adjacent to the Hallies Cove subdivision which is a single family residential subdivision immediately to the north. The majority of other properties adjacent to the subject site are vacant and undeveloped. It is the opinion of staff that the requested rezone is compatible with the surrounding properties. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on December 13, 2017 where during commissioner discussion a couple of commissioners discussed concerns about sewer. The commission offered a recommendation of approval by a vote of 4 — 2 with Mr. Evans and Mr. Greenwald voting nay. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Apartment/Multi- Family Residential is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 18 -S -01 ORDINANCE NO. 18 -S -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 27 ACRES OF LAND FROM PRE- DEVELOPMENT DISTRICT (PRE) TO APARTMENT /MULTI- FAMILY RESIDENTIAL DISTRICT (R -4). WHEREAS, an application to rezone approximately 27 acres of land generally located approximately 1,500 feet north of the intersection of FM 1518 and IH -10, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on December 13, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on January 9, 2018 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Apartment /Multi - Family Residential District (R -4). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 9111 day of January, 2018. PASSED, APPROVED AND ADOPTED on final reading the 23rd day of January, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" STATE OF TEXAS COUNTY OF BE AT field note description of a 26-39 acre tract of land situated in the Eligio Gortan Survey No. 2, Abstract No, 5, County Block e193 in 3exar County, Texas. Said 26,39 acre tract of land being a portion of ;a called 51.390 acre tract of land as described in a deed to Dirt Dealer 5 XV, LM, rocce-ded in Volume 13010, Page 304 of the Real Property Records of flexar County, Toxas, Said 26-39 acre tract of and being more particularly described by metes and bounds as follosys; BEGINNING at atone half inch iron lain found on the northeast right-r-if-way line of F-M. Highway 1518 for the west corner of this tract and being the west scarier of a called 51.390 acre tract of land as described in a deed to Dii t Dealers XV, LTD,, recorded in Volume 13010, Pape 304 of the Real Property "cords of Bexar County, Texas, Said point also boing a corner for the rernairing portion of a called 55.289 Acre tract of land (Tract B) as described in a desril to Jamil A. SAyfi, rc,,rerded in Volume 13010, Page 289 of the Offirial Public Records of Berrar Counts, "texis, THENCE with the southwest line of the rensaincler of the aforesaid 55,289 acre tract of land, North 59' 29' 48" t Act, a dnl anco of 482.17 feet to a one half inch iron pin found for an interior corner of the; tract. THENCE with the western line of the aforvsaid 51.39 Acre tract of land. North 30' 29' 14' West, a distance of 1.6.23 feet to as one half frid-i iron pin set for A corher of this tract- T14ENCE rutting across th+e aforesaid 51,39 acre tract of land, North 59' 41' 07' East, a distance of 2108.21 feet to a oue half inch von red set for the north corner of this tract. Said point kicing on the southwest link, of a called 101.396 acre tract of land As described in a deed to freapirm Racve and ielfc, Jeanne Rawe, recorded in Volurne 14612, Page 1869 of the Official Public Records of Bewar County, Tvm,,rs, THENCE with the southwest line of the aforesaid 101-396 acre tract and the northeast line of the aforesaid 51,390 acre, tract of land, South 29' 10' 01" East, a distance of 442.41 feet to a one inch pipe found for the east carrier of this tract, Slid point being on the northwest line of a called 32.S42 acre. tract of land as described in a deed to Julian Cano and Rural Pieces in T xas, LLC, recorded in Volume 14277, Page 1003 of the Cifficiat Public Records cif Bpxar County, lseras, THENCE with the southeast line of this tract, same being the southeast line of the aforesaid 51,39 acre tract of land, South 59' 26' 33' West, a distance of 258056 feet to a one half inch iron rod sit in the northeast right-of-way line of F,M. Highway 1.518 for the south corner of this tract, THENCE Along the northeast right-of-way line of F,PA, Highway 1518, North 30' 26' 11" West, a distance of 435-33 feet in the POINT OF BEGINNING. These field ricbes were prepared from an on the ground Furvoy made by Atwell, crnpksyeci Under my direction and supervision on May 21, 2016. Survey plat prepared this same.: clate. P t 1 `ry D. Wilkie, Jr Registered Professional Land Surveyor No, 4724 Firm Number 10194153 (Atwell) Exhibit B "The Property" sill smi I H n 51h Wi At a "-- IN Aw 1n.1 - 8 1 1 141 w CHO 51 ago Y - -- - -------- - ------ - ------ . ...... --J ;III G e LA IN 4Rid, IN 01M MEN IOU lump mlww�", — e 0- -a 0 T- ---------- 511111 - ---- ---- ----- ---- R�i Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -S -02 — C consideration and/or action to rezone approximately 11 acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. (Final Reading) BACKGROUND The applicant is proposing to rezone approximately I acres of land, from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The applicant has submitted a letter of intent which indicates the proposed development of a church. The subject area is generally located 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. The Subject property extends approximately 900 feet from FM 3009. The subject property consists of an existing home and undeveloped land. Public hearing notice was published in the San Antonio Express News on December 20, 2017. Twenty One (21) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 28, 2017, prior to the Planning & Zoning Commission meeting that took place on December 13, 2017. . At the time of this report, Staff has received five (5) responses in favor, three (3) response opposed, and zero (0) response neutral to the request. The following residents / representatives spoke at the December 13, 2017 . Planning & Zoning Commission Public Hearing: • Zak White- Pastor for Revolution Church. o Explained that :Revolution Church would like to purchase the property in order to develop a church at the location. • Maggie Titterington- 7130 Schertz Parkway • Indicated her support of the proposed Revolution. Church building on the site. • Indicated that the new location would be a great benefit to the community. City Council Memorandum Page 2 • Robin Thompson- 967 Oak Ridge • Indicated his support for the recommendation by staff for approval. • Indicated that in his working relationship through the Chamber that Revolution Church is very interested in the community, and how they can serve the city, and willingness to change to be more beneficial to the city. • Arthur Weidman — 1.11.7 Fawn Drive o Indicated he had concerns about the current traffic from Fawn Drive and FM 3009, and how this proposed rezone would alter that. • Rick Huhn — 4308 Deep Spring pass o Indicated he had concerns with traffic and the buffering between his property and the property in question. City Council approved this on first reading at their meeting of January 9, 2018. . Goal The proposed rezone is for approximately I acres of land from Single - Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Single - Family Residential. The objectives for Single Family Residential is to encourage a mix of residential uses as well as limited commercial development to support the daily activities of the development. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan Specifically, the Single - Family Residential designation on the Future Land Use Plan allows for limited commercial development. The Neighborhood Services zoning district would allow for the limited commercial uses desired by the Future Land Use Plan and Comprehensive Land Plan. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses and lower intensity commercial. It is staff s opinion the requested rezone is compatible with surrounding properties. City Council Memorandum Page 3 The applicant is requesting to rezone the property from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The Comprehensive Land Use Plan section which reviews this portion of central Schertz was adopted in 2002, at that time the subject property was zoned for single - family residential uses. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine central, where the subject property is located. Since the Schertz Sector Plan amendment did not review this area, the subject property is identified as Single - Family Residential desired property. However, the existing zoning and land uses adjacent to the subject property are Neighborhood Services, and Single - Family Residential . which are identified on the Future Land Use Plan the Single- Family Residential land use characteristic. With the subject property adjacent to FM 3009 and adjacent to a commercial development a zone change to Neighborhood Services is appropriate. The Comprehensive Land Use Plan describes the Single Family Residential land use characteristic as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow for lower intensity commercial development. Neighborhood Services District is the zoning classification that has been assigned to proposed commercial development adjacent to single family residential in previous years. Based on land use compatibility with the surrounding single - family residential and being supported by the goals and objectives of the Comprehensive Land Use Plan the request to rezone to Neighborhood Services (NS) is an appropriate zoning district. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services would allow for limited retail and services that would be more appropriate and compatible with the single - family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business. Additionally, the proposed rezone would extend the already existing zoned Neighborhood Services district. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on December 13, 2017 and offered a recommendation of approval by a unanimous vote. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Neighborhood Services is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 1.8 -S -02 ORDINANCE NO. 18 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 11 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL, (R -1) TO NEIGHBORHOOD SERVICES DISTRICT (NS). WHEREAS, an application to rezone approximately I acres of land generally located at 170 feet southeast of the intersection of FM 3009 and Wiederstein Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on December 13, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on January 9, 2018 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Neighborhood Services District (NS). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 9111 day of January, 2018. PASSED, APPROVED AND ADOPTED on final reading the 23rd day of January, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" Bearings basedom the Toxaq StmN Plane CDordinam System,, Texas Svoldh Gentral Zome (42,04), N,A,,D 1981. Exhibit B "The Property" FJ E.w J, -UIIH* MINOZ QVO'd NrALSdaO31M V 6WE WJ OMS H:),dnHD NounioAn FJ E.w J, xj Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: Planning & Community Development Ordinance No. 18 -S -03— Consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 1.0, Section 21.10.4 Schedule of Off - Street Parking Requirements. (Final Reading) As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments to change or modify the text of any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on changes in development it has becomes necessary to update the UDC. Over the last year planning staff has reviewed Section 21.10.4 Off - Street Parking in great detail to see if the City of Schertz parking requirements were in line with the established target cities, (including San Marcos, Frisco, Georgetown, and Round Rock) given the degree to which developments in Schertz seemed to be providing too much or too little parking. Additionally, planning staff reviewed the Parking Standards manual as established by the American Planning Association. During this evaluation staff also reviewed the current parking table and the current permitted use table to look for inconsistences between the two documents. As a result of this assessment it was determined that an update to UDC Section 21.10.4 was needed in order to be more consistent with current practices, both in surrounding cities and as published by the American Planning Association, and to provide more flexibility. This meant going through each use type listed within the table and deciding to update the use type description, required parking ratio, or to remove the use type all together. Staff also looked at how the UDC currently stipulates parking will be provided for new and unlisted uses. The UDC stipulates that parking for that use shall be provided based on the use which most closely related to the proposed land use. The problem is that the most closely related land use may have very different parking needs. Other municipalities provide more flexibility for unlisted uses and allow the applicant can provide a parking ratio they feel is appropriate and allow City staff to approve or deny. This is a concept that staff is proposing in order to increase the flexibility for potential applicants. If the applicant does not proposed a parking ratio, then the City Council Memorandum Page 2 proposed UDC update would allow City staff to assign an appropriate parking ration based on planning and transportation best practices. This amendment was drafted by Planning Staff. Public hearing notice was published in the San Antonio Express News on December 20, 2017. . The proposed UDC Amendments include changes to the following Use Types listed within Section 21.10.4 Schedule of Off - Street Parking Requirements: • Amusement, Commercial (Indoor) o Proposed change to 1 space for each 200 sf of Gross Floor Area (GFA) from 10 spaces, plus 1 space for each 100 square feet of total floor area over 1,000 square feet • Bed and Breakfast o Word change from "Rented" room to "Guest" room • Bus Depot o Proposed removal from table • Car Wash o New addition, use type not currently listed on table. Proposed as 1 space for each 200 sq. ft. of floor area • Convalescent Home, Group Home, Home for the Aged o Use Type Name Change. Proposed Change to "Assisted Care, Living Facility, Care Facility • Dance, Assembly and Exhibition Halls Without Fixed Seats o Proposed removal of use type category and combine with "Theater, Auditoriums, Churches, Assembly Halls..." • Fitness Center / Gym o New addition, use type not currently listed on table. Proposed as 1 space for each 250 sq. ft. of GFA • Convenience Store / Gas Station o New addition, use type not currently listed on table. Proposed as 1 space for each 250 sq. ft. of GFA. Spaces provided for fueling at the pump stations shall not be considered parking spaces. • Libraries, Laboratories and Student Centers o Proposed removal from table • Lodging, Houses and Boarding Houses o Proposed change to 1 parking space for each bedroom from 1 space per each two (2) persons capacity of overnight sleeping facilities • Mini warehouse o Use Type Name Change. Proposed Change to "Mini- Warehouse / Public Storage" • Multifamily, Duplex, Two - Family, Condominium of Other Similar Use o Proposed change to 1.5 spaces per 1 bedroom unit, 2 spaces per 2 bedroom unit, 2.5 spaces per 3+ bedroom unit, Plus additional guest parking provided at a ratio of 5% of required spaces from 1.5 spaces per bedroom City Council Memorandum Page 3 • Nursery o New addition, use type not currently listed on table. Proposed as 1 space per 300 square feet of total sales area. Wholesale nursery: 1 parking space per employee of the largest work shift, plus 1 space per 10,000 square feet of display area and 1 space per acre of growing areas • Outdoor Facilities (Outdoor Recreational Fields i.e. Football, Soccer, etc.) o New addition, use type not currently listed on table. Proposed as 20 spaces per designated field or 1 per 4 person design capacity • Public Use o New addition, use type not currently listed on table. Proposed as Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant • Personal Service Shop o Proposed removal from table, utilize "Retail Sales and Service" • Residential Care Facility o Proposed removal from table, utilize "Assisted Care / Living Facility / Care Facility" • School, All other Schools o Proposed removal from table, combine all school categories into one • School, High School and Vocational. o Proposed removal from table, combine all school categories into one • School, High School, Vocational, All other Schools o Proposed change to combine all school use types into one • Shopping Center or Mall o Proposed removal from table • Theaters, Auditoriums, Churches, Assembly Halls, Sports Arenas, Stadiums, Conference Center, Convention Center, Or Other Place of Public Assembly o Proposed Change to include "Dance Hall, Exhibition Halls" into this category • Vehicle Sales or Rental o Proposed use type name change to "Automobile Sales or Rental" • Vehicle Service Repair, Garage o Proposed use type name change to "Automobile Service Repair, Garage" • Warehouse o Proposed Change to remove "1 space for each 2 employees" and "whichever is greater" to just read as : l space for each 1,000 sgft of total floor area" Proposed amendment to Section 21.1.0.4.13 New and Unlisted Uses: • When a proposed land use is not classified in this section or a single use which have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best / current planning and transportation practices. o A best / current parking ratio application should include the following: • An application shall fully cite the sources used to derive the applicant - submitted parking ratio, possible resources include parking standards material from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA). • The City Manager or his /her designee shall review the applicant submitted parking ratio to confirm best / current planning practices for a use. City Council Memorandum Page 4 ■ The City Manager or his /her designee shall approve, modify, or deny the applicant submitted parking ratio. o Parking ratio determination where no application is submitted ■ If the applicant does not submit a parking ratio, then the City Manager or his /her designee shall determine the parking ratio based on the best / current planning and transportation practices. City Council approved this on first reading at their meeting of January 9, 2018. Goal To amend the UDC to review and update the development regulations due to changing conditions, community goals and State and Federal regulations as well as establish and maintain sound stable and desirable development. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Review and approve Ordinance 18 -S -03 amending the UDC, Article 10, Section 21.10.4 Schedule of Off - Street Parking Requirements. INVTG • ' • 4" I RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on December 1.3, 2017. . At this meeting the Commissioners had comments and questions on how the calculations were generated, what research had been completed, if current businesses had been reviewed using the proposed methodology, and specific questions on specific use types and why there ratio had a proposed change. Planning staff provided responses to include that the City of Schertz target cities along with the Parking Standards manual as established by the American Planning Association were reviewed and researched and that using these two resource groups the proposed calculations were provided. Staff also explained that current businesses to include some retail establishments, warehouse, and apartment complexes had been reviewed with our current standards and the proposed. Planning staff also expressed that if the proposed parking standards are updated and then we start to see concerns when using then staff will do more research and propose an additional update. The Planning and Zoning Commission offered a recommendation of approval with a vote of 5 -1 with Commission Evans voting nay based on concerns with eliminating use types from the parking table. City Council Memorandum Page 5 Staff recommends approval of Ordinance 18 -5 -03 an amendment to the Unified Development Code (UDC), Article 1.0, Section 21.] 0.4 Schedule of Off - Street Parking :Requirements as presented. ATTACHMENT Ordinance 18 -5 -03 ORDINANCE NO. 18 -S -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 10, SECTION 21.10.4 SCHEDULE OF OFF - STREET PARKING REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on December 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on January 9, 201.8 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 9th day of January, 2018. PASSED, APPROVED AND ADOPTED on final reading the 23rd day of January, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 10 Section 21.10.4 Schedule of Off - Street Parking Requirements See Attached Sec. 21.10.4 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 sp Use Type Amusement, Commercial (Indoor) Amusement, Commercial (Outdoor) Bank, Savings And Loan, Or Other Financial Institution Bar Or Night Club Bed And Breakfast ;d in the districts designated: Parking Requirement 10 spaces, plus 1 space for each 100 square feet of total floor area over 1,000 square feet 1 space per 500 square feet of outdoor site area plus 1 space per each 4 fixed spectator seats 1 space for each 250 square feet of gross floor area 1 space for each 50 square feet of gross floor area 1 space for each rei4ed guest room plus 1 space per Proposed Update i Comment 1 space for each 200 square feet of gross floor area Bowling Alley 5 parking spaces for each lane w " t @ za :" �s -:3c a a i "i Potential to remove all together Car Wash 1 space; for each 200 Souare fact: of floor area sOeHt-Htlfflth _C UP Flo�q On - 1 ==1=he -Aged Assisted .:are, Living Facility, Care facility Dai., , ssem m it Fi*e4JS ats Day Care Center Fitness Center / Gym Convenience Store /Gas Station Home Hotel Or Motel 1 parking space for each 2 beds TTiet- use -iff c+"e - f 1 space per 250 square feet of gross floor area 4 spaces 1 parking space for each bed space for each sleeping room or suite plus 1 space for every 200 square feet of Conibinc with 'T'heater... I space for each 250 sgiiare feet of gross floor area. Spaces provided for fueling at the Bump Stations shall not be considered parking.. Multifamily, Duplex, Two- common area not designated 1.5 spaces per I bedroom unit Family, Condominium Or as sleeping rooms 2 spaces per 2 bedroom unit Other Similar Use RemoNing all together. ,Stt+de,*t4;en4k,+-, P] us additional gLICSt parking urea provided al, a ratio of 5% of Lodging Houses And I space per each two (2) 1 parking space for each Boarding Houses persons capacity of overnight bedroom sleeping facilities total sales area Manufacturing, Processing I space for each 2 employees Or Repairing or I space for each 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic I space for each 200 square feet of total floor area Mini - warehouse / Public I space for each 300 square Storage feet of office floor area plus I space for each 3,000 square feet of storage area Mortuary/Funeral Home I parking space for each 50 square feet of floor space in service rooms or I space for each 3 seats, whichever is less based on maximum design Multifamily, Duplex, Two- 1.5 spaces per bedroom 1.5 spaces per I bedroom unit Family, Condominium Or 2 spaces per 2 bedroom unit Other Similar Use 2.5 spaces pet, 3+ bedroom unit P] us additional gLICSt parking provided al, a ratio of 5% of aces NUrsery I space pear 300 square feet of total sales area Residence Halls, Fraternity Buildings And Sorority 1 space per person capacity of permanent sleeping facilities Parking shall be prodded at a ratio approved by City staff based on a. parking study provided by the applicant Resi', �, „r w . °'lity 4-M*. ;- ks sae 0- Remove all t geth€ r Traci utilise pnrno = � "Assisted Care /living Facility / Care, Facility ” Restaurants 1 parking space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) School, High School, Vocational, All tither Schools �1k C =en -a44 aha hiele,-Aad(ingg ° (i l- arkings ha l"t idc;d 44HITIP ° aim � t • , m_st. ° . Parking shall be provided at a ratio approved by City staff based on a parking study provided by the applicant that shall include vehicle stacking 4 spface-- 4)f -eai=h 22-5 a = Combine to just be one for all schools Remove all together Single Family Attached And 2 parking spaces per dwelling Detached Dwelling Units unit Theaters, Auditoriums, 1 space for each 4 seats or 1 Churches, Assembly Halls, space for every 100 square Sports Arenas, Stadiums, feet of gross floor area, Conference Center, whichever is less (based on Convention Center, Dance maximum design capacity) Hall, Exhibition Halls, Or Other Place Of Public Vdiiele- Automobile Sales Or I space for each 3,000 square Rental feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles Ve4k4e ALItOrrrobile -Service, I space for each 200 square Repair, Garage feet of total floor area Warehouse 4-Vave4ef- ,,h-2--t4*PIO-V-aeS t�F I space for each 1,000 square feet of total floor area, W*ejlevef B. New and Unlisted Uses shun- - ++-f_*oposed4, la-,,s441e4-i n4hi,,--sieettof baied-o the miriinrurn -sta-n4af se' "ew'ed 02 tY'Ac err agef-ef When a proposed land use is not classified in this section or a single use which have varying parking needs depending on the function of that specific single use, an applicant may submit a parking ratio based on best / current planning arid transportation practices. L A best/ current parking ratio application should include the fbllowing: a. An application shall fully cite the sources used to derive the applicant- submitted parking ratio, possible resources include parking standards material from the Instiftite ourransportation Engineers (ITE) or the American Planning Association (APA). b, The City Manager or his/her designee shall review the applicant submitted parking ratio to cone ryn best / current planning practices for a use, c, 'rhe City Manager or his/her designee shall approve, modify, or deny the applicant submitted parking ratio. 2. Parking ratio deten-nination where no application is submitted a. If the applicant does not submit a parking ratio, then the City Manager or I-D his /her designee shall determine the parking ratio based on the best I/ current planning and transportation practices. CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: BACKGROUND Agenda No. 5 Planning & Community Development Ordinance No. 18 -S -04 Consideration and/or action on an amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), update "Director of Development Services" and to remove "Development Services Department ". (Final Reading) As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff may make amendments to change or modify the text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. In January 2016, the "Development Services Department" was renamed the "Planning & Community Development Department ". With this change the "Director of Development Services" position was retitled "Director of Planning & Community Development" was created. The Unified Development Code is being updated to change the references to the "Director of Development Services" and "Development Services Department Development Manual ". References to the "Director of Development Services" or his/her designee are being change to "City Manager" or his /her designee. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Daniel Santee, Denton Navarro Rocha Bernal & Zech). Public hearing notice was published in the San Antonio Express News on December 20, 2017. . • Proposed amendment would alter the callouts within the UDC for "Director of Development Services" to "City Manager ". This proposed amendment to list "City Manager of his /her designee" is to eliminate the need for future amendments if departments go through another reorganization / name change. • Proposed amendment would alter the callouts within the UDC for "Development Services Department Development Manual" to "Development Manual ". With a City Council Memorandum Page 2 recently adopted UDC Article 1 amendment a definition for "Development Manual" was incorporated. Since there is a specific definition for this manual the proposed amendment is to correct the naming convention of the manual throughout the UDC. City Council approved this on first reading at their meeting of January 9, 2018. Goal To amend the UDC to update to correct the callouts of a department that no longer exists under the title as described. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Review and approve Ordinance 1.8 -S -04 amending the UDC, Articles 4, 5, 8, 9, 1.2, 1.4, & 1.6. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on December 13, 2017 . and offered a unanimous recommendation of approval. Staff recommends approval of the amendments to the Unified Development Code (UDC), Article 4, 5, 8, 9, 12, 14, & 16 as presented. ATTACHMENT Ordinance No. 18 -S -04 ORDINANCE NO. 18 -S -04 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), UPDATE "DIRECTOR OF DEVELOPMENT SERVICES" AND TO REMOVE "DEVELOPMENT SERVICES DEPARTMENT ".; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on December 13, 2017 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on January 9, 2018 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 9th day of January, 2018. . PASSED, APPROVED AND ADOPTED on final reading the 23rd day of January, 2018. . Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Update "Director of Development Services" And Remove "Development Services Department ". See Attached Sec. 21.4.16.13 Application Requirements. Any request for a building permit shall be accompanied by an application prepared in accordance with requirements of the building inspections division. The City Manager or his/her designee shall be responsible for determining the form and content of the building permit application. Sec. 21.4.16.C.1 Submittal An application for a building permit shall be submitted to the Building Inspections Division. The City Manager or his/her designee shall review the application for completeness in accordance with section 21.4.2. The City Manager or his/her designee shall review the permit for compliance with all adopted building codes and regulations and shall provide written notification of any items requiring correction or attention within forty-five (45) days after submittal of a complete application. Sec. 21.4.16.C.2 Decision by the City Manager. The Services y7ity Manager or his/her designee may approve, approve with conditions, or deny the building permit. Sec. 21.4.16.1) Criteria for Approval. The City Manager or his/her designee shall apply the following criteria in deciding the application for a building permit: Sec. 21.8.3.A.6 Carports shall be structurally sound, as determined by the Dffe-e— City Manager or his/her designee. Sec. 21.8.3.13.5 The carport shall be structurally sound as determined by the w eto"f-D-eve--Iopm- e 4-ree-s- City Manager or his/her designee. Sec. 21.8.4.C.3.a Applicant shall apply to the C4y's City Manager or his/her designee for a home occupation permit. Sec. 21.8.4.C.3.b The City Manager or his/her designee may issue the permit if the home occupation meets all the requirements established in Paragraph B. Sec. 21.8.4.C.3.f.iii Inspection. The City Manager or his/her designee is authorized to periodically enter the premises to ensure full compliance with these requirements. Sec. 21.8.6.C.9 Building Codes, Zoning and Safety Standards. To ensure the structural integrity of Antenna Facilities, the owner of an Antenna Facility must ensure that it is maintained in compliance with all provisions of the City's building code and zoning regulations. If, upon inspection by the City Engineer or his designee, the City concludes that an Antenna Facility fails to comply with such codes and regulations and /or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility by the owner and at the owner's expense. This notice requirement shall not preclude immediate action by the reete e4'44ev+. r e S e� City Manager or his /her designee as allowed by law if public safety requires such action. Sec. 21.8.7.A A temporary structure may not be brought on -site until a building permit for the construction or refurbishing of the permanent structure has been issued by the fi�oflopencs City Manager or his /her designee. All temporary manufactured structures shall be required to comply with the following. Sec. 21.8.7.13 Temporary Construction Buildings: Temporary building and material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the City Manager or his/her designee for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Decd f 11r rem ei=v s City Manager or his /her designee. Sec. 21.9.7.C.9 Vegetation other than approved grasses or ground cover under six inches (6 ") in height is prohibited in any City right -of. -way unless specifically authorized in writing by the Direet,H 4 f ee t -ices City Manager or his /her designee, after consultation with the Director of Public Works or his/her designee. 13,r" ctor oi` v,� r es: r f cersc r `,, m h;-G4y a gve-r: Sec. 21.4.8.13.1 Application Required. A request for annexation shall be accompanied by an application prepared in accordance with the e k &- at—Sefviees-Depa4ment Development Manual. Sec. 21.4.10.13.1 Application Required. Any application for a Development Agreement shall be accompanied by an application prepared in accordance with the lei; -lprt rir:rat Development Manual. Sec. 21.4.12.13 Application Requirements. Any request for a variance shall be accompanied by an application prepared in accordance with the I-)ew4opmenHSe+Yiee-,s- D-epftr4nwqit Development Manual. Sec. 21.5.4.B.1 Application Required. Any request for a zoning change or zoning map amendment shall be accompanied by an application and zoning exhibit prepared in accordance with the Deve4epfB,-eat---Se+v4e-L�' -Dep,u4mk mt Development Manual. Sec. 21.5.10.B.1 Application Required. Any request for a PDD shall be accompanied by an application prepared in accordance with the 44e-ve�- Development Manual. Sec. 21.5.11.B.1 Application Required. Any request for a Specific Use Permit (SUP) shall be accompanied by an application and SUP exhibit prepared in accordance with the Development Manual. Sec. 21.5.12.C.1 Application Required. Any request for an AC District shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.5.13.C.1 Application Required. Any request for an EN District shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.9.12.B Application Requirements. Any request for Site Plan approval shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.9.12.D Contents of a Site Plan. An application for a Site Plan shall include the information required by the De-vt-4opi--R,,-+-A -SeFviees44effflAmenI Development Manual. Sec. 21.12.6.13.1. Application Required. Any request for a Subdivision Master Plan shall be accompanied by an application prepared in accordance with the Delay Sevos ut Development Manual. Sec. 21.12.7.13 Submittal Requirements for Preliminary Plat An application for a preliminary plat shall include the information required by the Se 44ep-at-tfnent Development Manual. Sec. 21.12.8.13.1 Application Required. Any request for a Preliminary Plat shall be accompanied by an application prepared in accordance with the _ ., e nt-ice. Development Manual. Sec. 21.12.9.13 Submittal Requirements for Final Plat. An application for a final plat shall include the information required by the DevehV- mefA, JS fv ,-w -ie,-e-s-DepaAff +ei+t Development Manual. Sec. 21.12.10.13.1 Application Required. Any request for a Final Plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.12.11.13 Application Requirements. Any request for a minor plat shall be accompanied by an application prepared in accordance with the Development Manual. Sec. 21.12.12.13 Application Requirements. Any request for an amending plat shall be accompanied by an application prepared in accordance with the ne*t Development Manual. Sec. 21.12.13.13 Application Requirements Any request for a replat shall be accompanied by an application prepared in accordance with the De-ve t Development Manual. Sec. 21.14.7.A Application Requirements. Every application for development within the City or its ETJ shall be accompanied by a Traffic Impact Analysis (TIA) Determination Form provided in the Development Manual. The TIA Determination Form shall be utilized to determine if a TIA is required Agenda Item 6 Cpl 1f11• oUl"LlusI NU 10I01 [o7 710 11110 1 City Council Meeting: January 23, 2018 . Department: Parks & Recreation Subject: Resolution No. 18 -R -07 — A Resolution authorizing the City Manager to enter into an Advanced Funding Agreement for a Transportation Alternatives Set -Aside Program Project known as Schertz Pedestrian Routes & Bike Lanes Project. (B. James, L. Shrum) The City of Schertz Parks, Recreation, and Community Services Department applied for funding from the Alamo Area Metropolitan Planning Organization in January 2017 for the Schertz Pedestrian Routes and Bike Lanes Project. The project consists of construction of an off -road trail between Schertz Parkway and Wiederstein Road along the LCRA utility easement; construction of sidewalks on both sides of Live Oak Road between Schertz Parkway and FM 3009; and the striping of compliant bike lanes along both sides of Savannah Drive from the Selma city limits to FM 3009, and Woodland Oaks Drive between Schertz Parkway and FM 3009. The project construction budget was estimated at $1,158,266 and the program allows for 80% federal participation ($926,613) and 20% local government participation ($231,653.) In June 2017 . the project was approved by the AAMPO to receive funding. While the AAMPO is the organization tasked with planning and selecting projects for the region, the actual federal funds are distributed through the Texas Department of Transportation, and thus local governments must enter into funding agreements with TxDOT to receive funds. Goal Enter into an agreement with the Texas Department of Transportation to receive Transportation Alternatives Set -Aside (TASA) funding to match Local. Government funds to construct additional trails, sidewalks, and bike lanes in the City of Schertz. Community Benefit The project will enhance pedestrian and cyclist mobility and safety in the City of Schertz. The project will also add trail to our trails network, which is a top priority in our Parks & Recreation Master Plan. Summary of Recommended Action Approval of Resolution 18 -R -07 FISCAL IMPACT The local government match of $231,653 was set aside in the proceeds from the sales of general obligation bonds in January 2017. Estimated administrative oversight fees due to TxDOT are $17,724 and will be paid for out of bond funds set aside for Parks. ATTACHMENTS Resolution 18 -R -07 Advanced Funding Agreement — Schertz CSJ 0915 -17 -065 TASA AFA — For Execution RESOLUTION NO. 18 -R -07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET -ASIDE PROGRAM PROJECT KNOWN AS SCHERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT. WHEREAS, Schertz Parks and Recreation identified a need to improve pedestrian and bicycle safety in the city; and WHEREAS, Schertz Parks and Recreation applied for Transportation. Alternatives Set - Aside Program funding and received approval of funding from the Alamo Area Metropolitan Planning Organization; and WHEREAS, Schertz Parks and Recreation has plans to build an off -road trail, add bike lanes, and construct sidewalks, known as the Schertz Pedestrian Routes & :Bike Lanes Project; and WHEREAS, the Texas Department of Transportation is the distributor of federal funds for the Transportation Alternatives Set -Aside Program; and WHEREAS, City of Schertz must enter into an Advance Funding Agreement with Texas Department of Transportation to receive federal funds; and WHEREAS, the City of Schertz will fund the local government match and administrative oversight fees due to Texas Department of Transportation out of bond funds dedicated to Parks. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into an advance funding agreement (Exhibit A) for a Transportation Alternatives Set -Aside Program Project known as Schertz Pedestrian Routes & Bike Lanes Project. 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 23rd day of January, 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A 50234811.1 A -�. TxDOT IS DIGITALLY SIGNING CONTRACTS WITH DOCUSIGN SINCE OCTOBER 2015, TxDOT HAS USED DOCUSIGN TO DIGITALLY EXECUTE THOUSANDS OF CONTRACTS WITH PRIVATE VENDORS, STATE AGENCIES, AND LOCAL GOVERNMENTS. What is DocuSign? DocuSign is a "digital- signature -as -a- service" enterprise software program TxDOT purchased through the Department of Information Resources in 2015. Digital signatures are legal under Texas Business and Commerce Code Section 322.007. DocuSign represents the latest generation in digital signature technology, and is a proven, secure, simple and efficient way to digitally sign contracts with the State of Texas. Why is TxDOT using DocuSign? TxDOT executes tens of thousands of contracts with local governments, private vendors, and state agency partners each year. Historically, these documents have been created electronically, printed out in hard copy form, signed in "wet ink," then scanned back to electronic form and stored in a database. Every day, this paper handling, routing and scanning process costs the Texas taxpayer hundreds of dollars. The use of DocuSign for digital signatures eliminates these costs for both TxDOT and its contracting partners. Why should my organization sign TxDOT contracts with DocuSign? DocuSign costs nothing for our contracting partners to use, since TxDOT has the software license. There is no set -up required; all you need is an email account —which you already have. Further, DocuSign automatically and securely stores all digitally - signed documents on its third -party servers. This protects both parties to the transaction and virtually eliminates the risk of lost or misplaced paper documents. Finally, you no longer have to wait days or weeks for your fully- executed contracts to return in the mail. Regardless of your location in Texas, TxDOT can get your contracts executed and returned to you the same day —often within minutes. My contracts have to be reviewed by legal, City Council, or another party before final signature. Can this be done with DocuSign? Absolutely. TxDOT can use DocuSign to send the contract to your reviewers' email addresses prior to final signature, or you may simply email the contract to the reviewers first, and when it is ready for signature, TxDOT will send the contract to your signer via DocuSign. Either way, TxDOT's DocuSign process will cut days —if not weeks —out of your contracting timeline, eliminate paper, manpower, printer, toner and courier costs, and cost your organization nothing. CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES SET -ASIDE PROGRAM PROJECT MPO- Selected Off- System This Advance Funding Agreement for a Transportation Alternatives Set -Aside Program Project ( "Agreement ") is made between the State of Texas (State), acting through the Texas Department of Transportation, and the City of Schertz (Local Government), acting through its duly authorized officials. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, Federal law, 23 USC §134 and 49 USC §5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas, and WHEREAS, Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the rules and procedures for the Transportation Alternatives Set -Aside Program (TASA) are established in 23 USC §213, and 43 Tex. Admin. Code Subchapter 11.17, and WHEREAS, the Local Government prepared and submitted to the State or Metropolitan Planning Organization (MPO) a nomination form for consideration under TASA for the project, which is briefly described as Schertz Pedestrian Routes & Bike Lanes Project (Project), and WHEREAS, the Texas Transportation Commission (Commission) passed Minute Order Number 114670 (MO) dated August 25, 2016 awarding funding for projects in the 2017 TASA Program Call of the Alamo Area Metropolitan Planning Organization, including Project, and Page 1 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached to and made a part of this Agreement as Attachment A, Resolution or Ordinance. A map showing the Project location appears in Attachment B, Project Location Map, which is attached to and made a part of this Agreement, and NOW, THEREFORE, the State and the Local Government agree as follows: AGREEMENT Period of Agreement and Performance A. Period of Agreement. This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided below. B. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement (FPAA) for that phase of work. Local Government may not begin work until issued the State Letter of Authority (SLOA) for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Scope of Work and Use of Project A. The scope of work for Project consists of: Constructing sidewalks, bike lanes, and an off -road trail on Woodland Oaks Dr., Savannah Dr. & Live Oak Rd.. B. Any project changes proposed must be submitted in writing by Local Government to State and the Alamo Area Metropolitan Planning Organization. Changes may also require an amendment to this Agreement and the approval of the FHWA, State, MPO, or the Commission. Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. 3. Project Sources and Uses of Funds The total estimated development cost of the Project is $1,311,715 as shown in Attachment C, Project Budget Estimate and Source of Funds (Attachment C). A. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, Local Government shall provide the certificate of qualification to State. The individual who receives the training certificate may be an employee of Local Government or an employee of a firm Page 2 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development that has been contracted by Local Government to perform oversight of the Project. State in its discretion may deny reimbursement if Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The total estimated development cost as shown in Attachment C shows the itemized cost of real property, utilities, environmental assessments, construction, and other construction related costs. State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period. After federal funds have been obligated, State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C. Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources, as well as the maximum amount in federal TASA funds assigned by the Commission or MPO in consultation with State to Project. This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the TASA, Federal Project Authorization and Agreement ( "FPAX), or other federal documents. D. Local Government will be responsible for all non - federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. E. State will be responsible for securing the federal share of funding required for the development and construction of Project, in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. F. Following execution of this Agreement, but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review. G. In the event State determines that additional funding is required by Local Government at any time during Project, State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. H. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State. I. Upon completion of Project, State will perform a final accounting of Project costs. Any funds due to Local Government, State, or the Federal Government will be promptly paid by the owing party.. Page 3 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development J. In the event Project is not completed, State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. K. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than state or federal regulations, or if any other locally proposed changes, including but not limited to plats or re- plats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by Local Government. The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations, including, but not limited to, expenses related to relocation, removal, and adjustment of eligible utilities. L. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. M. State will not pay interest on any funds provided by Local Government. N. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. O. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred, and if federal funding is reduced as a result, State shall have no responsibility to reimburse Local Government for those costs. P. If Local government is an Economically Disadvantaged County ( "EDC ") and if State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. 4. Termination of the Agreement A. This Agreement may be terminated by any of the following conditions: 1. By mutual written consent and agreement of all parties; 2. By any party with 90 days written notice; or 3. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. B. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations, State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. Page 4 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development C. If Local Government withdraws from Project after this Agreement is executed, Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. D. A project may be eliminated from the program as outlined below. If Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A project may be eliminated from the program, and this Agreement terminated, if: 1. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex. Admin. Code Subchapter 115. 2. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. 3. Local Government withdraws from participation in Project. 4. State determines that federal funding may be lost due to Project not being implemented and completed. 5. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. 6. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. 7. Local Government fails to attend progress meetings at least twice yearly, as scheduled by State. E. State, at its sole discretion, may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 5. Amendments This Agreement may be amended due to changes in the work, the amount of funding required to complete Project, or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. Unless specified in (1) the nomination form approved by State or MPO in consultation with State and (2) this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide, at State's request, a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before Page 5 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development construction begins. Additional utility work may be required due to unknown conditions discovered during construction. Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 8. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal - aid projects. A. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. B. Local Government is responsible for the cost of any environmental problem's mitigation and remediation. These costs will not be reimbursed or credited towards Local Government's financial share. C. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. Before the advertisement for bids, Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of Project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under Tex. Gov't Code §469.052. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services A. Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services; and with Tex. Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State - selected projects, architectural and engineering services are not eligible for TASA reimbursement. B. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two American Association of State Highway and Transportation Officials' ( "AASHTO ") publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development Page 6 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by State in writing in advance. C. When architectural and engineering services are provided by or through Local Government, Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. The State may require the Local Government, or their representatives, to attend meetings as necessary to accomplish this goal. Local Government will not let the construction contract until all required plans have received State approval. D. When architectural and engineering services are provided by or through State, then the State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes. State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 11. Construction Responsibilities A. Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. B. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract, whether the construction contract is awarded by State or by Local Government. C. All contract change order review and approval procedures must be approved by State prior to start of construction. D. Upon completion of Project, the party constructing Project will issue and sign a "Notification of Completion" acknowledging Project's construction completion. E. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.B. F. Any field changes, supplemental agreements, or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the Page 7 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development opportunity to assist in the final review of the construction services performed by the contractor. 12. Project Maintenance A. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use. The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules, whichever is greater. Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses, consistent with Project's original intent. State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements. Should Local Government consider conveying the property, State and FHWA must be notified prior to the sale, transfer, or disposal of any property that received federal funds. Written concurrence of approval for the transaction, detailing any required recapture, must be obtained from FHWA prior to the transaction. Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro - rata amount, considering the original percentage of federal funds provided and the time elapsed from Project completion date. This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property, as applicable. B. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government. State shall not be responsible for honoring any warranties under this Agreement. C. Should Local Government derive any income from the development and operation of Project, a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance. A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. D. Should any historic properties be included in or affected by this federally funded Project, the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 13. Right of Way and Real Property Acquisition A. Right of way and real property acquisition shall be the responsibility of Local Government. Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. B. If Local Government is the owner of any part of Project site under this Agreement, Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. Page 8 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development C. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC §4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR §24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. D. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of (1) State, if the real property is to be made part of the State Highway System, and (2) Local Government, otherwise. The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. E. Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property. Tracings of the maps shall be retained by Local Government for a permanent record. F. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations must list the parcel numbers, ownership, acreage, and recommended compensation. The tabulation must be accompanied by an explanation to support the estimated values, together with a copy of the documentation and reports used in calculating each parcel's value. G. For State - selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TASA Project. H. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. I. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project. State will not pay any of these costs. J. If Project requires the use of real property to which Local Government will not hold title, a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement. The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project Page 9 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development completion and commensurate with the federal investment as outlined in 43 Tex. Admin. Code §11.317. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion. The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. K. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion, and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. L. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24, and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1) continued use of the property for approved activities, and (2) the repayment of the Federal funds, as appropriate. Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. Upon Project completion, State will continue to perform periodic visits to confirm Project's continued use and upkeep. M. Before the advertisement for bids, Local Government shall provide a certification to State that all real property has been acquired. 14. Insurance A. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and State may recover damages and all costs of completing the work. B. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee" should the building be destroyed. Page 10 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 15. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, Bald, addressed to that Local Government: City of Schertz ATTN: City Manager 1400 Schertz Parkway Schertz, TX 78154 at the tollowinci address: State: Legal Documents: Texas Department of Transportation ATTN: Director of Contract Services 125 E. 11 `" Street Austin, TX 78701 Billing and Inquiries: Director of Transportation Planning & Development Texas Department of Transportation 4615 NW Loop 410 San Antonio, TX 78229 -5126 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 17. Responsibilities of the Parties Neither party is an agent, servant, or employee of the other party and each party is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 18. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by State shall remain the property of State. All data prepared under this Agreement shall be made available to State without restriction or limitation on their further use. All documents produced or approved or otherwise created by Local Government shall be transmitted to State in the form of photocopy reproduction on a monthly basis as required by State. The originals shall remain the property of Local Government. Page 11 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 19. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate, including types of activities and month in which the activity will be completed, in the format required by State. This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of State, Local Government shall submit any information required by State in the format directed by State. 20. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, Local Government shall furnish State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR Part 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement standards established in Title 49 CFR §18.36, to the property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre- approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for three (3) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Page 12 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and /or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In Page 13 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non - Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro- hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal -aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). Page 14 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise ( "DBE ") Program requirements established in 49 CFR Part 26. B. Local Government shall adopt, in its totality, State's federally approved DBE program. C. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market, project size, and nature of the goods or services to be acquired. Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachmentsa df. E. Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program, State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC § 3801 et seq.). F. Each contract Local Government signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub- recipient, or sub- contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Page 15 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Programs under Executive Order 12549, and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a contract, subcontract, or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G 29. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for Local Government shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by 31 USC § 1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements Page 16 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is https: //www.sam.gov/ ortal / ublic /SAM /. 2. Obtain and provide to State a Data Universal Numbering System ( "DUNS ") number, a unique nine- character number that allows the federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on -line registration website htt: / /fedov.dnb.com /webform; and 3. Report the total compensation and names of its top five executives to State if: a. More than 80 percent of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and b. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sing leaud its txdofi,ctov . C. If expenditures are less than the threshold during Local Government's fiscal year, Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year Project remains open for federal funding expenditures, Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Page 17 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government. THE STATE OF TEXAS Signature Kenneth Stewart Typed or Printed Name Director of Contract Services Typed or Printed Title Date THE LOCAL GOVERNMENT Signature Typed or Printed Name Typed or Printed Title Date Page 18 of 18 AFA -AFA TA Set -Aside Rev 10/24/17 CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA- AFA_TASA Page 1 _of 1 Attachment CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP Schertz Pedestrian Routes & Hike Lames Project Location Map AFA- AFA_TASA Page 1 _of 1 _ Attachment B CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant / LG Lets Project to Construction Work Performed by Local Government ( "LG ") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable Cost % Cost % Cost Planning /Maps /Education /Non- CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $42,566 0% $0 0% $0 100% $42,566 Environmental Cost $14,189 0% $0 0% $0 100% $14,189 Right of Way $6,243 0% $0 0% $0 100% $6,243 Utilities $6,243 0% $0 0% $0 100% $6,243 Construction $1,158,266 80% $926,613 0% $0 20% $231,653 In -kind donation Value (Add to Total Project Cost - 20% Maximum value) N/A 0% $0 0% $0 0% $0 Work by LG Subtotal $1,227,507 1 $926,613 $0 $300,894 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction 2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA -AFA TASA Page 1 of 2 Attachment C CSJ: 0915 -17 -065 District #: San Antonio (15) Code Chart 64 #: 38440 Project Name: Schertz Pedestrian Routes and Bike Lanes Project CFDA Title: Highway Planning and Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Federal Participation Local Government (LG) Includes additional Participation Description of Total Project Cost percentage State Participation Includes any EDC Project Costs to be Incurred Estimate for TDC apportionment reduction where applicable where applicable % Cost % Cost % Cost Preliminary Engineering' $3,122 0% $0 0% $0 100% $3,122 Environmental Cost' $3,122 0% $0 0% $0 100% $3,122 Right of Way' $2,497 0% $0 0% $0 100% $2,497 Utilities' $2,497 0% $0 0% $0 100% $2,497 Construction $6,486 0% $0 0% $0 100% $6,486 Direct State Costs Subtotal $17,724 0% $0 0% $0 100% $17,724 Indirect State Cost $66,484 $0 $66,484 $0 TOTAL PARTICIPATION $1,311,715 $926,613 $66,484 $318,618 In -kind Contribution Credit Applied 0% $0 TOTAL REMAINING PARTICIPATION AFTER IN- $318,618 KIND CONTRIBUTION The estimated total participation by Local Government is $318,618, plus 100% of overruns. Total estimated payment by Local Government to State is $17,724. 'Local Government's payment of $17,724 is due to State within 30 days from execution of this contract. 31f ROW is to be acquired by State, Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20% or greater. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TASA funds available for Project are $926,613. AFA -AFA TASA Page 2 of 2 Attachment C Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 23, 2018 Department: Subject: City Secretary Boards, Commissions and Committee Member Appointments There has been a vacancy on the Planning and Zoning Commission for some time. The City Secretary's Department had received several applications from individuals who expressed their interest in serving. The Interview Committee conducted interviews on Thursday, January 18, 2018. The Interview Committee unanimously approved recommending to City Council the appointment of Ms. LaDonna Bacon to fill the vacancy on the Planning and Zoning Commission. FISCAL IMPACT None RECOMMENDATION Staff recommends approving the appointment of Ms. LaDonna Bacon as a regular member to the Planning and Zoning Commission. ATTACHMENT Application (Council only)