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01-13-2015 Agenda with backupMEETING AGENDA City Council CITY COUNCIL January 13, 2015 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Reverend Linda Montgomery, Schertz Methodist Church) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items 01 -13 -2015 Council Agenda The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular Meeting of January 6, 2015. Q. Kessel/D. Schmoekel) 2. Ordinance No. 15 -A -01 - Annexation — Consideration and/or action to discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (Final Reading Hearing) (B. James /L. Wood) 3. Ordinance No. 15 -S -02 — Consideration and/or action approving an Ordinance on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (Final Reading) (B. James /L. Wood) 4. Ordinance No. 15 -T -03 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase One of the Master Communications Plan, Improvements to the City Network Infrastructure. (Final Reading) (B. James /M. Clauser) 5. Council Liaison Appointment to the Audit Committee — Consideration and/or action appointing Councilmember Thompson to the Audit Committee as a result of Councilmember Duke's resignation. (Mayor /Council) 6. Resolution No. 15 -R -04- Consideration and /or action approving a Resolution authorizing the expenditure of the FY 2013 State Homeland Security Program Grant. (J. Bierschwale/M. Hansen/J. Correu) Discussion and Action Items 7. Resolution No. 15 -R -05 — Consideration and/or action approving a Resolution authorizing the acceptance of the 2015 Bexar metro 911 Grant. Q. Bierschwale /M. Hansen/J. Correu) 8. Resolution No. 15 -R -02 — Consideration and/or action approving a Resolution appointing and reappointing Directors of the Reinvestment Zone Number Two, City of Schertz, Texas. (B. James /B. James) 9. Resolution No. 15 -R -03 — Consideration and/or action approving a Resolution authorizing a Historical Grant for the Main Street Program. (B. James/B. James) 10. Resolution No. 15 -R -06 — Consideration and/or action approving a Resolution in support of JBSA - Randolph by additional property sale and lease notice and limited 01 -13 -2015 City Council Agenda Page - 2 - expansion of Local Government Code Chapters 397 and 397A to the area surrounding JSBA- Randolph. (B. James /J. Wolverton) 11. Resolution No. 15 -R -07 — Consideration and/or action approving a Resolution accepting a petition requesting the City of Schertz to enforce its traffic regulations within the Carolina Crossing South Subdivision and authorizing the City Manager to enter into an Agreement with the Carolina Crossing South Homeowners Association for the purpose of traffic control. (B. James /J. Bierschwale/M. Hansen) 12. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. (J. Kessel /Council) Roll Call Vote Confirmation Requests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. 16. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 9th DAY OF JANUARY 2015 AT 11:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grevLAci Dev ),'Ls 01 -13 -2015 City Council Agenda Page - 3 - Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2015. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro -Tem John — Place 3 Lone Star Rail District Councilmember Fowler — Place 1 Councilmember Azzoz — Place 2 Interview Committee for Boards and Commissions Animal Control Advisory Committee Schertz Housing Board Liaison Sweetheart Advisory Committee Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Edwards — Place 4 Councilmember Thompson Place 5 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation 01 -13 -2015 City Council Agenda Page - 4 - 01 -13 -2015 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a regular meeting on January 6, 2015. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of January 13, 2015. ATTACHMENT Minutes — regular meeting January 13, 2015. MINUTES REGULAR MEETING January 6, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 6, 2015, 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 Jim Fowler Councilmember Cedric Edwards Mayor Pro -Tem Daryl John Councilmember Grumpy Azzoz Councilmember Robin Thompson Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Do a Schmoekel Call to Order Mayor Carpenter called the meeting to order at 6:01 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Councilmember Thompson) Councilmember Thompson provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Director of Development Services Brian James provided the following information: • Monday, January 12, Ribbon Cutting w /Color Clay Studio, 17327 IH 35 N, Suite #202, 3:00 p.m. welcome our newest art studio. • Thursday, January 15, Chamber After Hours Mixer (hosted by All Battery Center), 8143 Agora Pkwy, Ste. #125, Selma, TX; 5:30 -7:00 p.m. • Saturday, January 17, 5th Annual Selma /Schertz 5K Run (Salute to Service Members ) — starts at 9:00 a.m. at Blue Bonnet Palace. • Tuesday, January 20, Chamber Monthly Luncheon, Schertz Civic Center, 11:30- 1:00 p.m. Presentation: 2014 in Review & Updates for the 2015 year. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked staff who worked over the holidays. He also thanked Business Office Assistant Manager Rodolfo Rosales who assisted a resident and initiated a payment plan to assist them with the bill. 1 -6 -2015 Minutes Page -1- Hearing of Residents • Mr. Robert Brockman, 1000 Elbel Road, who addressed Council regarding the ball field restrooms that need attention. He also addressed Council regarding the price of oil and what about paving materials for our roads? • Mr. David Richmond, 2421 Bent Tree Drive, who addressed Council regarding the warning signs on IH 35 regarding the recently enforced texting ban. He stated that he would like to see our City follow San Antonio's lead in this are Workshop • Discussion and/or possible action regarding the City Council's Code of Conduct and Procedure, and Code of Ethics. (Mayor /Council) **�N Mayor Carpenter recognized Councilmember Edwards who stated he felt that the Councilmembers should all sign their names to the Code of Ethics because it would give the document more weight. Mayor Carpenter then asked for this workshop item to be put on the agenda for the next meeting and if they could be furnished a signature page, then this matter could be taken care of. A discussion followed with City Attorney Charles Zech who explained the way the current city charter reads regarding voting and abstentions. It takes a vote of three to take any action. When an individual abstains, this actually acts as a `no' vote; the reason for that is it counts toward the quorum for the purposes of a vote. He further clarified that three votes of `yes' would be for aM action and not just limited to ordinances and/or resolutions. According to the Texas Local Government Code law, when you have an actual conflict of interest, you are required to file a disclosure statement and abstain from voting. Under Roberts Rules and under case law when that occurs you are not counted toward the quorum for the purposes of the vote. This doesn't help the City of Schertz because of the charter provisions that say it takes three (yes) votes for action to be taken. He plans on bringing this topic up at the next Charter Review Commission meeting for discussion. He will also bring up a `disaster clause' issue with the commission. A number of other things also need to be addressed surrounding how to interpret and handle abstaining votes, tie votes, motions, seconds, and other unique situations. Council continued to discuss several different possible scenarios with the City Attorney. Mayor Carpenter cognized Councilmember Thompson who moved, seconded by Councilmember Edwards to authorize City Attorney Charles Zech and City Staff to outline some steps for handling abstaining votes along with recommendations for council to consider. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. Consent Agenda Items 1 -6 -2015 Minutes Page - 2 - 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 16, 2014. (J. Kessel /B. Dennis) 2. Ordinance No. 14 -S -50 — Consideration and/or action on a request to rezone approximately 2 acres of land from Predevelopment District (PRE) to Single Family Residential/ Agriculture District (RA). The property is more specifically described as a tract of land out of the Julian Diaz Survey No. 66, Abstract No. 187, City of Schertz, Bexar County, Texas; generally located eight hundred and fifty feet (850') east of the intersection of FM 1518 and Lower Seguin Road. (Final Readin (B. James /B. Cox) The following was read into record: ORDINANCE NO. 14 -S -50 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2 ACRES OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO SINGLE FAMILY RESIDENTIAL /AGRICULTURE (RA). Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Azzoz to approve consent items 1 and 2. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. Discussion and Action Item 3 Resolution No. 15 -R -01 — Consideration and/or action approving a Resolution authorizing a modification to the existing Construction Contract for the Renovation of the Existing Soccer Fields and Construction of a New Concession building and Parking Lots and Associated Support Systems. (J. Kessel /B. James/ P. Gaudreau) The following was read into record: RESOLUTION NO. 15 -R -01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION CONTRACT FOR THE RENOVATION OF THE EXISTING SOCCER FIELDS AND CONSTRUCTION OF A NEW CONCESSION BUILDING AND PARKING LOTS AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Owners Representative Phil Gaudreau who introduced this item stating action requested of Council is to modify the existing contract with Alpha Building Corporation to increase the contract amount from $3,648,202.87 to $3,684,979.87, plus a City controlled contingency of $10,000.00, bringing the not -to- 1 -6 -2015 Minutes Page - 3 - exceed amount to $3,694,979.87. In the initial contract negotiations the installation of landscape irrigation systems between the various playing fields was priced separately as "Add Alternate Bid #8" in the Bid Documents and was not accepted. Reasons for contract modifications is the initial dollar value associated with the installation of these irrigation systems was $90,107.00 and a decision was made to not accept Bid Alternate #8 due to budget concerns at that time. During the course of construction the systems were installed by the sub - contractor by accident. Initially the sub - contractor requested an amount of $89,000.00 or he could just remove the installed systems. During the next several weeks of negotiations a final cost of $34,500.00 was agreed to by all parties. This amount is subject to the General Contractor's profit and Bond increase based on the agreed amount. Fiscal Impact — funds for this will be from the 2010 Bond for the Athletic Fields. Staff Recommends approval of Resolution No. 15 -R -0 1. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 15 -R -01. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 4. Ordinance No. 15 -A -01 - Annexation - Conduct a Public Hearing to consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation for approximately 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (First Reading Hearing) (B. James /L. Wood) The following was read into record: ORDINANCE NO. 15 -A -01 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXD&TELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS. Mayor Carpenf5riecognized Senior Planner Lesa Wood who introduced this item stating that in 2010 10the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to 1 -6 -2015 Minutes Page - 4 - the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal Independent School District. In accordance with Texas Local Government Code (LGC), the City Council conducted two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. Public hearing notices were published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. This is the first reading regarding of the ordinance regarding the petition for annexation. The subject property, if annexed, is being considered concurrently with the associated zoning request (ZC2014 -014). The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property be zoned Public Use District (PUB). Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. . Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 15 -A -01 first reading. The vote was unanimous with Mayor Pro -Tern John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 5. Ordinance No. 15 -S -02 — Conduct a Public Hearing and consideration and/or action approving an Ordinance on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (First Reading) (B. James /L. Wood) The following was read into record: ORDINANCE NO. 15 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). 1 -6 -2015 Minutes Page - 5 - Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating the applicant is requesting to zone approximately 70 acres of land generally located at 7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in "The Daily Commercial Recorder" on December 17, 2014 and the "Herald" on December 24, 2014. Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 7, 2014. Staff received a total of nine (9) responses on the Notice of Public Hearing reply form including: • one (1) response in favor of the request; • one (1) response with a comment only; • one (1) response from a Cibolo resident opposed; and • six (6) responses opposed to the request. Comments received on the Notice of Public Hearing Response reply form are as follows: • Lana Schmidt, 14678 Schmidt Craft Lane (Opposed) "Destroys my property value (sewer plant)" William Wheelis, 7783 Trainer Hale Road (Opposed) "I believe it will lower the value of my property." • Geraldine Z. Scheel, 7414 Trainer Hale Road (Opposed) "I own property at 7424 Trainer Hale, it should be crystal clear why I oppose." • Jeanne Rawe, 7993 Trainer Hale Road (Opposed) No comments. • Betty Schmidt, 8180 Trainer Hale Road (Opposed) "Opposed bright lights and foul odors produced by proposed facility" • Craig Moore, 7703 Trainer Hale Road (Opposed) "I'll be attending the public hearing." • Gerald Cutshall, 13782 Dusty Field "Won't know until after the public hearing." • Joe Vrana, 13915 Dusty Fields (Favor) No comments. Comments received at the November 19, 2014 Planning and Zoning Commission public hearing: 1 -6 -2015 Minutes Page - 6 - • Lana Schmidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property values. • Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of FM3009. • Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise. • Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this project and opposition. • Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and opposition. • Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make sure that this is put in correctly and land will be devalued. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The FLUP designates the subject property for Agricultural Residential which is intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve Ordinance No. 15 -S -02 first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. passed. 6. Ordinance No. 15 -T -03 — Consideration and /or action approving an Ordinance authorizing a budget adjustment to the PEG Fund and to the Water Fund to fund Phase One of the Master Communications Plan, Improvements to the City Network Infrastructure. (First Reading) (B. James /M. Clauser) The following was read into record: ORDINANCE NO. 15 -T -03 AN O C Y THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS A ING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE rE' R FUND TO FUND PHASE ONE OF THE MASTER COMMUNI ATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mayor Carpenter recognized IT Director Myles Clauser who introduced this item stating that in June 2012 the City Council approved Resolution 12 -R -57 approving the proposed Master Communications Plan. This plan offers a roadmap for creating a City -Wide 1 -6 -2015 Minutes Page - 7 - network infrastructure using both fiber optic and wireless networking technologies. The Master Communications Plan was devised to support field personnel, upgrade communications channels to City facilities, improve Public Safety operations, and provide network communications and infrastructure for a planned public access channel designed to improve communications and encourage citizen engagement. Staff has completed engineering and planning for the proposed network and is preparing the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to the City -owned facility located at the Live Oak water tower, and must be completed before implementing subsequent phases. Staff seeks Council approval to utilize $20,000 from the PEG (Public, Educational, Government) fund and $20,000 from the Water Department fund in order to implement Phase One. The Staff recommends approval of the budget adjustment for Fiscal Year 2014 -15. 1► Approve budget adjustments in the amount of $40,000 to provide funding for Phase One of the City of Schertz Master Communications Plan. This ordinance will amend the FY 2014 -15 Budget to allow use of the funds. These funds are already in place and no additional funding is anticipated. Staff recommends City Council approve the budget adjustment Ordinance No. 15 -T -03 on first reading. Mr. Clauser addressed questions from Council. MFV Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 15 -T -03 first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards, and Thompson voting yes and no one voting no. Motion passed. 7. Employee Compensation — Discussion and possible action regarding the City's Employee Compensation Plan. Q. Kessel/Council) Mayor Carpenter recognized Councilmember Azzoz who stated the he has had discussions with some city employees as well as with other cities over the holidays. He asked them similar questions as to when the last time was that they conducted salary surveys and compensation studies. He asked questions regarding comparisons and their benefit packages. He stated that something came to light when speaking to those groups and he understands that we do offer a good health plan package to our employees. Councilmember Azzoz stated that we do have savings from this because some of our employees are receiving military medical coverage and these employees do not opt for our insurance package; therefore, they do not have those benefits. He stated that he is fine with going through the compensation and classification study and the reason is that it will probably take six months or more and can be applied to the next fiscal year's budget and not to the current budget we are in. Meanwhile, he feels we should direct City Manager John Kessel to give the $300,000 that is already set aside for raises in this fiscal year to the bottom 40 percent of employees. 1 -6 -2015 Minutes Page - 8 - Councilmember Thompson expressed concern about the fairness of this proposed distribution. He feels the compensation study results will give us the objectivity we will need to have in case we are questioned by staff members who did not receive anything and may subsequently pursue some type of action against the city. Councilmember Azzoz said he thinks the staff will see that management is trying to reach a plateau to be competitive with other cities and people will want to work for us and not leave. At the request of Councilmember Fowler, City Manager John Kessel provided an update on the compensation and classification study process. They are currently interviewing the final two firms to decide who to contract with. He is hoping to have that contract in place within the next three weeks. A major consideration is how quickly and easily the survey can be conducted with our employees. Mr. Kessel went on to provide further information on several different goals and staffing decisions the city will be faced with in the near future, and how that will tie in with our current and future revenue as to the sustainability of those decisions in regard to employee compensation, benefit packages and facility expenses. We need to establish a balance of hiring new staff to handle a growing customer base and how to simultaneously be able to provide raises to existing /tenured personnel. Mayor Carpenter recognized Councilmember Azzoz who, moved, seconded by Councilmember Fowler to take the budgeted $300,000 and have the City Manager, Mr. Kessel distribute it appropriately to City Staff. The vote was 1 -4 with Councilmember Azzoz voting yes and Mayor Pro -Tem John, Councilmembers Fowler, Edwards, and Thompson votin tion failed. Roll Call Vote Confirmation Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda items 1 through 7. Requests and AnnouncementN- 8. Announcements by City anager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements. 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 1 -6 -2015 Minutes Page - 9 - Mayor Carpenter recognized Councilmember Edwards who asked staff to provide an update on the Economic Development side of our business, and stated that this request could be done by email if desired. Mayor Carpenter recognized Councilmember Fowler who stated that in reference to the compensation item, if you look at the time line, if we can get this completed in six (6) months it will fit in to us being very active in looking at the budget for next year. Councilmember Fowler stated that it is very important that we get this on contract and get this completed by June. Councilmember Fowler stated that he appreciated Mr. Kessel providing Council with updates on where staff is at in the process. Mayor Carpenter recognized City Manager John Kessel who stated that he would keep the Council informed and that is why he is personally attending the interview meetings. He hopes to derive at a decision at the end of the week and have something negotiated for Council action. He stated this is one of our highest priority items along with other priority items, as mentioned earlier by Councilmember Edwards. Mayor Carpenter recognized Councilmember Azzoz who stated that the future is not six (6) or (7) months from today; the future is today. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items .�� Mayor Carpenter wished everyonehere tonight and those that work for the City a very happy new year and `Welcome to 2015.' He looks forward to great things for the City of Schertz in this new year. Meeting was adj p.m. Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 1 -6 -2015 Minutes Page - 10 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Development Services Subject: Ordinance No. 15 -A -01 - Consider and discuss a petition by Cibolo Creek Municipal Authority, for voluntary annexation of 69.111 acres, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County Texas, located at 7720 Trainer Hale Road. (Final Reading) BACKGROUND In 2010 the City of San Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz. City Council accepted the area into the City of Schertz ETJ and started the annexation proceedings. As part of the annexation proceedings a majority of the parcels located within the released area signed delayed annexation development agreements with the City in accordance with Texas Local Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed delayed annexation development agreement with the City of Schertz. Cibolo Creek Municipal Authority has submitted a petition for voluntary annexation to the City of Schertz for a 69.111 acre tract of land. The subject property is located approximately 1500 feet north of I -10 and is located in Bexar County Texas, located at 7720 Trainer Hale Road. Currently, the subject property is located in the Extraterritorial Jurisdiction (ETJ) of the City of Schertz and located in the Schertz - Cibolo- Universal Independent School District. In accordance with Texas Local Government Code (LGC), the City Council conducted two (2) public hearings regarding a voluntary petition for annexation on December 9, 2014 and December 16, 2014 at the regular City Council meetings. Public hearing notices were published in "The Daily Commercial Recorder" on November 26, 2014 and the "Herald" on December 3, 2014 for the two required public hearings. This is the first reading regarding of the ordinance regarding the petition for annexation. The subject property, if annexed, is being considered concurrently with the associated zoning request (ZC2014 -014). The zoning request will encompass the same land contained within the annexation petition. The applicant has requested to zone the subject property Public Use District (PUB) which is intended to identify and provide for land owned or may be owned by the City, City Council Memorandum Page 2 County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. On November 19, 2014 the Planning and Zoning Commission recommended that the property be zoned Public Use District (PUB). Council approved this on first reading at their meeting of January 6, 2015. Goal Cibolo Creek Municipal Authority is requesting voluntary annexation into the City of Schertz because of their desire to be located within the Schertz city limits. Community Benefit Promote the safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Close the public hearing and approved the proposed ordinance. FISCAL IMPACT In accordance with Texas Local Government Code (LGC) Chapter 43 the City must provide services to the land on the effective date of the annexation. While some services are provided to the subject property through interlocal agreement the City of Schertz must provide police protection, fire protection, emergency medical services, operation and maintenance of streets, solid waste collection and sewer service. Water service is provided by Green Valley Special Utility District. RECOMMENDATION Approval of the petition for voluntary annexation Ordinance 15 -A -01. ATTACHMENT Ordinance 15 -A -01 ORDINANCE NO. 15 -A -01 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION OF APPROXIMATELY 69.111 ACRES LOCATED ON TRAINER HALE ROAD, APPROXIMATELY 1500 FEET NORTH OF 1 -10, BEXAR COUNTY, TEXAS. WHEREAS, the City Council of the City of Schertz (the "City ") has determined that it should annex the territory described on Exhibit A attached hereto and made a part hereof (the "Land "); and WHEREAS, the Annexed Land is located entirely within the extraterritorial jurisdiction of the City, is contiguous to the corporate boundaries of the City (or is deemed to be contiguous, pursuant to Section 43.035(c) of the Texas Local Government Code, as amended), and may be annexed pursuant to Chapter 43 of the Texas Local Government Code, as amended (the "Act "); and WHEREAS, two public hearings were held before the City Council of the City of Schertz, Texas, on the 9th day of December, at 6:00 pm and on the 16th day of December, 2014 at 6:00 pm. which dates were not more that forty (40) days nor less that twenty (20) days prior to the institution of the annexation proceedings; and WHEREAS; notice of such public hearings were published on the City of Schertz internet website and published in the newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; notice of such public hearings were published in a newspaper having general circulation in the City of Schertz, Texas on the 26th day of November, 2014 which dates were not more than twenty (20) days nor less than ten (10) days prior to the day of such public hearings; and WHEREAS; the City Council of the City finds that (i) the Annexed Land is suitable for municipal purposes and (ii) it is in the best interest of the City and the citizens and inhabitants thereof that the Annexed Land be annexed to and made a part of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The City hereby annexes the Land described in Exhibit A. Section 2. The Annexed Land shall be included within the City's corporate limits effective on the effective date of this Ordinance, and all taxable property in the Annexed Land Ordinance 15 -A -01 shall hereafter bear its pro rata part of the taxes levied by the City, subject to allowable exemptions. Section 3. The inhabitants of the Annexed Land shall be entitled to all of the rights and privileges of all the citizens of the City and be bound by the acts, ordinances, resolutions, and regulations of the City subject only to the Service Plan hereby adopted and attached hereto as Exhibit B. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 5. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 10. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Ordinance 15 -A -01 Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Ordinance 15 -A -01 Exhibit A "The Land" EXHIBI A ANIAwY LAND SURVEYING MSS AND.BOUNf1S DESCRIPTION FDR A 69.111 ACRE TRACT OF l...A913 Being 69.111 arm of [artrl ettl of the F. C hd Surrey No_ 2, Abstract No. S, County Block 5 143, Rehr Cftnty, TCXBF, and being all ofa 69. L06 afire tmet ref Band described in Volume 6360, Paga 1586 Oftho Ofliein.] Public: Rcewds of !teal Property of Ele=Canty, Tem, and said b9-1 I l acaea oIF1a11d l?cfag more p iticlatarrly deRxibed as E"nllows= BEGINNING at a W iron pin found on tllr,c Nuri -brRSt rtl ht,ol = way lino of Trainer We Road" b Soatle-xneater]y corner of a 76.52.5 acre trait of land as described in Volume 6957, Page 2097 of the Official Pubho Reemis of Real Property of Beier Canty, Texas, and being dre Fn= Westerly corner ofthis herein described 69.111 acre tract of land; THENCE departing the Narthetrst right -of -way line of said Traincr Hale Road and with tho Southeast lineof said 76.525 Aare Lmd of land.1he followingcalis and distances: N 59" 45'28" F a distance nf.593,61 Feet to, a V3" iron Pin with rap stamped 'DAM #5349 P tOtP, OQR," set for ti corn 5 45° G8. 36" Fla disUncc of317.4+4 fart to a '1s" iron pin fmuad for art interior Corner, , and N 6a' 51' WE a distance of 932.73 feet to a I'° iron Pipe found for the East Corner of said 76.523 acre tract of land, a Southwest comer of it 16.091 acre tract ofas descrihcd in Volume 15339, Pt9g,+e 1351 of 1716 OBISial Public Rccords of 13oxar C,aunty,'Texas; THENCE with the Suulheast line of said 1-6.001 acre tract or rand earl pttszdn8 the South tnrzuer of a 11.883 awe tract of land as described in Volume 12131, Page 538 of for GJSTRcial Public Records Of Bexar Country, Texas, N lib° 53'27' E=a . distance of 1909.82 fix[ to a W' imn pin found -nn [[me fi)r a lifereric;a poitti a total distcaoe of 1.99+4.55 Feet to the cerlt {7 o Clbol€s Crvelk for the East comer Dt*d 116.081 mtiv in, 41 of Gand and being the Noith comer of this bercin dt gibed 69.1 l 1 brae liaet of land; THENCF with the rhea- mri 9 of Cihnlo Creak the following calls and distances; 532'° 36" 10" h a distaacz of 299.88 feet to a pohat; S 43' 49' 17" E o distance of 33.64 feet to a point; and S 181 1V3 0" F a, dis$ooce of 481,20 foot to point for the East comer of this herein dc9cAbed 69,1.11 &av trac:i of LHM: TIiENC1 departing the center line ofCi" Creek, S 59° 47' SIG" W a distance of 151.27 Feet faL a,fir" moat pill found on life for a referemm p oiril, atoial dlspuarce of 324t,61 fleet to a W' uun pot found an the Norlheast tight-of-way Linn ofsaid Trainer Hale 1ton ., a Westerly coomr of a 62.119 acre tract of land as dcscrilx'»l in Vol"w 8434. Fagc 1819 of the Official Public Records of Real I"roperty of Bcxar County,. Texas, and beiaag the kaurimest Water of this herein described 64.1 I l aem tract: of lam; THENCE, with the Norihea9t right- of-way I.inc of'said Trainer Hale Road, flee fnllo mg calls and distances N 3-r I I' 21" W a distance of 134.66 feel to a %— iron pits with cAp clamped "DAM 8'5348 PROP_ COR-11 set for a carnar, N 39' 24' 49" W a distance of 652.84 feet to a K' iron Pict with cap sWnped "DAM 95348 PROP_ COR2 set for a cearncr: 2700 Rol line] Creek. Spring 11rat1r«h, TX 78070 1 T, 210.325.0 959 Ordinance 15 -A -01 N 4$ 16' 36" W a disuncc uf332.53 fast to s 1" item nie1. wroth cap scamared "'DAM, U5348 PROP. t=.OR." set fjor a carper and a mrve to 11K 1eR; and with said. curve to like 1cft, having a Radius of 679.64 feet, an Am Length 13f99J)9 feel„ a Delta AFIgEe 4f 030 16' 08 ", and a Clwr k bearing ar,d distarmue of N 44109' 32" W, 96.00 The to atathe POINT OF BEGIN7NING and enmtajnjFtg V9.111 agree uf land. more or lcmi Barings based on Ihe Texas Stale Rlan�Coordinule Sg+3te n. Texas South {CmEral Zonr (4204), NA.D 9983. Sur yad am the ground IRIS the -day of Rawatry, 2014. L Drew A. blawyer Registered Professional Lrmd SuFve4 Net. 5748 T8PL5 Firm R*fftaai m #10191500 VL_DAM- ati.v,20l4 10AGi%"doe Ordinance 15 -A -01 2700 Rolling Creek, Spring Branch, TX 78070 1 T 210.321x,09519 M1,10 Olt vb All, I Ito Ordinance 15-A-01 L w Ilk 4�k.1 W" -op O-P& Exhibit B "The Service Plan" CITY OF SCHERTZ, TEXAS ANNEXATION SERVICE PLAN AREA ANNEXED Approximately 69.111 + /- acres of Land, located on Trainer Hale Road, approximately 1500 feet north of I -10, all in Bexar County, Texas, as shown on the map attached hereto as Exhibit "A ". INTRODUCTION This service plan has been prepared in accordance with Local Government Code Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule. POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area.. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided on the effective date of the annexation on the same basis and at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed areas. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land use and density as those found within the newly annexed area. The City may negotiate with annexed areas to allow continued services with an existing solid waste management provider. After the second anniversary of the annexation date, the City may impose fees and provide the service. Ordinance 15 -A -01 OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTEWATER UTILITY Operation and maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utility will be provided on the effective date of the annexation at the same or similar level of service now being provided to other areas of the City, with like topography, land use and population density as those found within the newly annexed area. OPERATION AND MAINTENANCE OF ROADS AND STREETS Operation and maintenance of roads and streets will be provided on the effective date of the annexation on the same basis and at the same level as provided throughout the City. STREET LIGHTING Street lighting will be made available on the effective date of the annexation on the same basis and at the same level in comparable areas as provided throughout the City. OPERATION AND MAINTENANCE OF PUBLIC PARKS AND OTHER PUBLICLY OWNED FACILITIES If any public park, playground, swimming pool, or any other publicly owned facility, building or service is located within the annexed area, it will be maintained on the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the City. OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, court, and general administration will be made available on the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS Police and Fire Protection and Solid Waste Collection The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 1/2 years of the effective date of the annexation of the particular annexed area for the purpose of providing police protection, fire protection, emergency medical services or solid waste collection. The City finds and determines that it has at the present time adequate facilities and other resources to provide the same type, kind and level of service and protection which is presently being administered to other areas already incorporated in the City of Cibolo, Texas with like topography, land use and population density as those found within the newly annexed areas. 2. Water/Wastewater Facilities For the next 2 1/2 years, Cibolo finds and determines that there is sufficient capacity for wastewater to provide services to the annexed area pursuant to the City's extension policies. The construction of any capital improvements for water and wastewater services to an annexed area will be completed pursuant to the City's infrastructure extension policies. Ordinance 15 -A -01 Roads and Streets The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed areas. 4. Maintenance of Parks, Playgrounds, and Swimming Pools and Any Other Publicly Owned Facility, Building, or Service The City finds and determines it is not necessary to acquire or construct any capital improvements within 2 '/2 years of the effective date of the annexation of the particular annexed areas for the purpose of parks maintenance, playgrounds, swimming pools and other publicly owned facility, building or service. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provide a uniform level of full municipal services in any if the above service categories to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. SPECIFIC FINDINGS The City finds and determines that this proposed service plan will not provide any fewer services and will not provide a lower level of service in the areas being considered for annexation that were in existence in the proposed areas at the time immediately preceding the annexation process. Given the proposed annexation areas' topography, land utilization and population density, the service levels to be provided in the newly annexed areas will be equivalent to those provided to other areas of the City with similar characteristics. 0 0 D1 4110� This service plan shall be valid for a term of ten (10) years. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with Local Government Code Section 43.0561. Ordinance 15 -A -01 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Development Services Subject: Ordinance No. 15 -5 -02 — Consider and act on a request to zone approximately 70 acres of land to Public Use District (PUB). The property is more specifically described as a portion of the E. Gotari Survey No. 2, Abstract No. 5, County Block 5193, Bexar County Texas; located at 7720 Trainer Hale Road. (Final Reading) BACKGROUND The applicant is requesting to zone approximately 70 acres of land generally located at 7720 Trainer Hale Road approximately 1500 feet north of Interstate 10 to Public Use District (PUB). Public Use District (PUB) is intended to identify and provide for land owned or may be owned by the City, County, State or Federal Government or the School District; land that has been dedicated to the City for public use such as parks and recreation, and land designated and dedicated to the City as a greenbelt. The subject property is currently located in the Extra Territorial Jurisdiction (ETJ) of the City of Schertz and is owned by Cibolo Creek Municipal Authority who has indicated their desire to voluntary annex the property and develop a municipal wastewater treatment plant at this location. The public hearing notice was published in "The Daily Commercial Recorder" on December 17, 2014 and the "Herald" on December 24, 2014. Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 7, 2014. Staff received a total of nine (9) responses on the Notice of Public Hearing reply form including: • one (1) response in favor of the request; • one (1) response with a comment only; • one (1) response from a Cibolo resident opposed; and • six (6) responses opposed to the request. City Council Memorandum Page 2 Comments received on the Notice of Public Hearing Response reply form are as follows: • Lana Smidt, 14678 Schmidt Craft Lane (Opposed) "Destroys my property value (sewer plant)" • William Wheelis, 7783 Trainer Hale Road (Opposed) "I believe it will lower the value of my property." • Geraldine Z. Scheel, 7414 Trainer Hale Road (Opposed) "I own property at 7424 Trainer Hale, it should be Crystal clear why I oppose." • Jeanne Rawe, 7993 Trainer Hale Road (Opposed) No comments. • Betty Schmidt, 8180 Trainer Hale Road (Opposed) "Opposed bright lights and foul odors produced by proposed facility" • Craig Moore, 7703 Trainer Hale Road (Opposed) "I'll be attending the public hearing." • Gerald Cutshall, 13782 Dusty Field "Won't know until after the public hearing." • Joe Vrana, 13915 Dusty Fields (Favor) No comments. Comments received at the November 19, 2014 Planning and Zoning Commission public hearing: • Lana Smidt, 14678 Schmidt -Craft Ln., spoke on odor, noise and property values. • Gerri Scheel, 7424 Trainer Hale Rd., spoke on her property and realignment of FM3009. • Lea Luensmann, 8447 Trainer Hale Rd., spoke on her property values and noise. • Craig Moore, 7703 Trainer Hale Rd., spoke on site, smell, roads handling this project and opposition. • Mike Hunter, 7681 Trainer Hale Rd., spoke on widening the roads and opposition. • Roger Scott, 14546 Schmidt -Craft Ln., spoke on notices not sent to him, make sure that this is put in correctly and land will be devalued. Council approved this on first reading at their meeting of January 6, 2015. Goal Cibolo Creek Municipal Authority is requesting to rezone the approximate 70 acre tract of land to Public Use District (PUB). Community Benefit Promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The FLUP designates the subject property for Agricultural Residential which is intended to preserve the rural /agriculture state to include large lot residential and some related commercial uses permitted such as: landscaping business, metal workshop, farmers market, convenience store, etc. City Council Memorandum Page 3 • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change supports the goal to ensure adequate development of public facilities as well as upgrade public facilities and services in order to meet the challenges of growth. • Impact of Infrastructure: The proposed zone change will have large impact on the wastewater infrastructure system by providing additional capacity for community growth. • Impact of Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on November 19, 2014 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of Ordinance 15 -S -02 to zone the subject property to Public Use District (PUB) on final reading. ATTACHMENT Ordinance No. 15 -S -02 ORDINANCE NO. 15 -S -02 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 69.111 ACRE TRACT OF LAND TO PUBLIC USE DISTRICT (PUB). WHEREAS, an application to rezone approximately 69.111 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on November 19, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of the rezoning; and WHEREAS, on January 6, 2015 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Public Use District (PUB). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 6th day of January, 2015. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" EXHIBIT A D AMWYE R LANG SURVEYING METES AND BOUNDS DESCRIPTION FOR A 69-111 ACRE TRACT OF LAND Being 69,111 acres of land out of the h. Goitari Survey No, 2, Abstract No. 5, County Block 5193, Bexar County, Texas, and being all of 69.106 acre tract of land described in Volume 6160, Page 1686 of the Official Public Records of Real Property of Bexar County, Texas, and said 69.111 acres of land being more particularly described as follows: BEGINNING at a %2" iron pin found on the Northeast right -of -way line of Trainer Hale Road, a Southwesterly corner of a 76.525 acre tract of land as described in Volwne 6957, Page 2037 of the Official Public Records of Real Property of Bexar County, Texas, and being the most Westerly corner ofthis herein described 69.111 acre tract of land; THENCE departing the Northeast right -of- -way line of said Trainer Hale Road and with the Southeast line of said 76.525 acre tract of land, the following calls and distances: N 590 45' 28" B a distance of 593.61 feet to a'' /2" iron pin with cap stamped "DAM #5348 PROP. COR." set for a corner; 5 45' 08' 36" E a distance of 347.44 feet to a' /s" iron pin found for an interior corner; and N 60" 51' 16" E a distance of 932.73 feet to a I" iron pipe found for the East coaster of said 76.525 acre tract of land, a Southwest corner of a 16.081 acre tract of as described in Volume 15339, Page 851 of the Official Public Records of Bexar County, Texas; THENCE with the Southeast line of said 16.081 acre tract of land and passing the South corner of a 11.887 acre tract of land as described in Volume 12333, Page 538 of the Official 'Public Records of Bexar County,'rexas, N 60° 53' 27" E a distance of 1909.82 feet to a'.4" iron pin found on line for a reference point, a total distance of 1994.55 feet to the center of Cibolo Creek for the East confer of said 16.081 acre tract of land and being the North corner of this herein described 69.111 acre tract of land; THENCE with the meanders of Cibolo Creek the following calls and distances: S 22° 36' 10" E a distance of 299.88 feet to a point; 3 43° 49' 17" E a distance of 33.64 feet to a point; and S 18® 11' 30" E a distance of 481.20 feet to point for the East corner of this herein described 69.111 acre tract of land; THENCE departing the center line of Cibolo Creek, S 59° 47' 58" W a distance of 151.27 feet to a' /2" iron pin found on line for a reference point, a total distance of 3241.67 feet to a %2" iron pin found on the Northeast right -of -way line of said Trainer IIsIe Road, a Westerly corner of 62.139 acre tract of land as described in Volume 8434, Page 1819 of the Official Public Records of Real Property of Bexar County, Texas, and being the Southwest corner of this herein described 69.111 acre tract of land; THENCE with the Northeast right -of -way line of said Trainer Hale Road, the following calls and distances: N 37° 1V21 " W a distance of 134.66 feet to a' /2" iron pin with cap stamped "DAM #5348 PROP. COR, " set for a corner; N 38" 24'49" W a distance of 652.84 feet to a'! ?." iron pin with cap stamped "DAM #5348 PROP. COR. " set for a comer; * L 2700 Rolling Creek, Spring Branch. TX 78070 1 T. 210.325.0858 1-- � EN N48' 16' 36"W a distance of 332.53 feet to a'' /2 " iron pin with cap stantped "DAM #5348 PROP. C ©R. " set for a comer and a curve to the left; and with said curve to the left, hawing a Radius of 679.64 feet, an Arc Length of 98.09 feet, a Delta Angie of 08016'08", and a Chord bearing and distance of N 44° 08' 32" W, 98.00 feet to a to the POINT OF BEGINNING and containing 69.111 acres of land, more or less; Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), N.A.D 1983. Surveyed on the ground this the 1/ day of January, 2014. Drew A. Mawyer - DREWA. ArtAWYER Registered Professional Land Surve or No. 3348 • „ 5348 . -•• TBPL.S Firm Registration N 1019 1500 •� ps• S.1 DAM -MLV ^2014 PmjmtACCM004= Crniner Ha1o'1A&MCCM004.69.1 t AC- M &B.doc 1 [1 2700 Rolling Creek, Spring Branch, TX 78070 1 T. 210.325.0858 FEW Exhibit B "The Property" to y�drd �v ddb a m A b c' `,' '!I 91$ Bat JIM ti `,' City Council Meeting: Department: Subject: BACKGROUND Agenda No. 4 CITY COUNCIL MEMORANDUM Information Technologies Department Ordinance No. 15 -T -03— An Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to the FY 2014 -15 Budget in the amount of $40,000 related to the implementation of Phase One of the City of Schertz Master Communications Plan. (Final Reading) In June 2012 the City Council approved Resolution 12 -R -57 approving the proposed Master Communications Plan. This plan offers a roadmap for creating a City -Wide network infrastructure using both fiber optic and wireless networking technologies. The Master Communications Plan was devised to support field personnel, upgrade communications channels to City facilities, improve Public Safety operations, and provide network communications and infrastructure for a planned public access channel designed to improve communications and encourage citizen engagement. Staff has completed engineering and planning for the proposed network and is preparing the RFP for Phase One. This phase will provide fiber optic connectivity from City Hall to the City -owned facility located at the Live Oak water tower, and must be completed before implementing subsequent phases. Staff seeks Council approval to utilize $20,000 from the PEG (Public, Educational, Government) fund and $20,000 from the Water Department fund in order to implement Phase One. The Staff recommends approval of the budget adjustment for Fiscal Year 2014 -15. Council approved this on first reading at their meeting of January 6, 2015. Goal: To make improvements to the City's internal network infrastructure in support of the City's Master Communications Plan to facilitate public safety in the City and surrounding community, improve and streamline City operations in the field and in support of the City's plan to create and manage a public information channel for promoting and enhancing citizen engagement. Community Benefit: The Master Communications Plan as approved in 2012 provides many substantive benefits to the citizens of Schertz. Phase One provides the following benefits: 1) Provides the first layer of technology backbone needed to store, manage and retrieve mission critical City information assets in a secure, off - premise location. 2) Creates a secure 2 -way high -speed connection between the primary data collection point at the Live Oak water tower and the main City campus. From there critical information will be distributed to and from Public Works, PD, IT, Public Affairs and other departments as required. Summary of Recommended Action: Approve budget adjustments in the amount of $40,000 to provide funding for Phase One of the City of Schertz Master Communications Plan FISCAL IMPACT This ordinance will amend the FY 2014 -15 Budget to allow use of the funds. These funds are already in place and no additional funding is anticipated. Expenditures: PEG Fund $20,000 Expenditures: Water Fund $20,000 STAFF RECOMMENDATION Staff recommends City Council approve the budget adjustment Ordinance No. 15 -T -03 on final reading. ATTACHMENT(S) Ordinance No. 15 -T -03 ORDINANCE NO. 15 -T -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE PEG FUND AND TO THE WATER FUND TO FUND PHASE ONE OF THE MASTER COMMUNICATIONS PLAN - IMPROVEMENTS TO THE CITY NETWORK INFRASTRUCTURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Resolution 12 -R -57, the City of Schertz (the "City ") adopted the Master Communications Plan for the City; and WHEREAS, the City needs to adjust the Budget to allocate funds in advance of releasing a Request For Proposal for Phase One of the Master Communications Plan in the amount of $40,000; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget as indicated to provide funding for Phase One of the Master Communications Plan; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and provide funding for Phase One of the Master Communications Plan, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget and shall use $20,000 from the PEG Fund and $20,000 from the Water Fund to fund Phase One of the Master Communications Plan. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 6th day of January, 2014. PASSED, APPROVED AND ADOPTED on final reading the 13th day of January, 2015. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 50558021.1 - 2 - CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Council Subject: Council Liaison Audit Committee BACKGROUND Agenda No. 5 Appointment to the There is a vacancy that currently exists on the Audit Committee as a result of the resignation of Councilmember Duke. FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint Councilmember Thompson to the Audit Committee replacing Councilmember Duke who has resigned. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Police Department Subject: Resolution No. 15 -R -04 — Software Interoperability Grant BACKGROUND The City is requesting authorization for the expenditure of the fiscal year 2013 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface in the amount of $65,564 with no matching funds. The application for this grant was originally approved by council on 10 -29 -2013. This resolution is to approve the expenditure of the previously approved grant funding. Chief Hansen recommends the authorization to accept the funding for this grant. Goal Provide funding for equipment needed to install a point to point camera system between he Schertz Police Department and the SCUCISD. Community Benefit The goal of the City of Schertz in this project is to work with Spillman Technologies to implement a new Insight interface with Spillman technologies. The City of Schertz' objective is to develop long term data sharing with other communities and public safety agencies in the area to track minor and major criminal incidents and trends with the intention to prevent any potential Human - Caused hazards which could lead to large scale incidents. Summary of Recommended Action The acceptance of the FYI State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface in the amount of $65,564 with no matching funds. FISCAL IMPACT A grant award in the amount of $65,564 with no matching funds. RECOMMENDATION Approval of Resolution No. 15 -R -04 ATTACHMENT(S) Resolution No. 15 -R -04 and the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface. RESOLUTION NO. 15 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXPENDITURE OF THE FY 2013 STATE HOMELAND SECURITY PROGRAM GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") wishes to accept the FYI State Homeland Security Program Grant through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface; and WHEREAS, the grant funds total $65,564.00 and require no matching funds; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to accept the FYI State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface in the amount of $65,564.00 with no matching funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance for the FY13 State Homeland Security Program through the Texas Homeland Security State Administrative Agency (THSSAA) for the project titled: City of Schertz Spillman Interoperability Insight Interface in the amount of $65,564.00 with no matching funds. Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to the Texas Homeland Security State Administrative Agency (THSSAA). Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Page 1 Section 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of January, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Page 2 FY13 State Homeland Security Program - Call for Projects Application Form Instructions: You will not be able to save your project in the middle of entering the information. Once you have submitted the form, it is saved and you will not be able to go back and make changes to the project. Please follow the detailed instructions (and see the example(s)) provided by the Texas Homeland Security State Administrative Agency (THSSAA) with the 2013 Call for Projects. One suggestion is to use the Word document. You can fill in the information you need to at your own pace and come back to the website at a later time and copy /paste the information you entered in your Word document into the online form. CONTACT INFORMATION Region: Select region from dropdown menu Name: John C. Correu Email: Jcorreu @schertz.com Phone: 210 - 860 -6429 The project coordinator is the person that you would like us to contact in regard to this project. Project Coordinator Name: John C. Correu Project Coordinator Email: Jcorreu @Schertz.com Project Coordinator Phone Number: 210 - 619 -1246 Please select the most relevant investment category: Interoperable Communications Priority of Project: Project Title: City of Schertz Spillman Interoperability Insight Interface Check if this project is for law enforcement terrorism prevention. [checkbox] yes Check if this project supports a fusion center. [checkbox] yes Check if this project supports a NIMS Typed Resource (i.e. Team, Training, or Equipment). [checkbox] yes Please check to indicate if the project would have been funded under one of these programs in previous years: Buffer Zone Protection Program (BZPP) Interoperable Emergency Communications Grant Program (IECGP) Citizen Corps Program (CCP) Metropolitan Medical Response System (MMRS) Choose the Goal, Objective, and Priority Action associated with this proposal. The goal of the City of Schertz in this project is to work with Spillman Technologies to implement a new Insight interface with Spillman technologies. The City of Schertz' objective is to develop long term data sharing with other communities and public safety agencies in the area to track minor and major criminal incidents and trends with the intention to prevent any potential Human - Caused hazards which could lead to large scale incidents. Multi- jurisdictional data sharing increases officer safety, improves agency productivity, and creates strong alliances with regional agencies in your state. InSight enables you to build interoperability by linking with other agencies' data servers in real time. Multiple participating agencies, including those using disparate software systems, can connect databases by using a Spillman InSight broker. This model allows each agency to search for information outside its jurisdiction and receive critical up -to -date information. Spillman maintains system security by allowing agencies to set user privileges, defining which users can access data and at what level. Spillman offers encryption that complies with the National Institute of Standards and Technology (NIST) and Federal Information Processing Standards (FIPS). Stated goals: • Empower officers with greater access to knowledge • Maximize system functionality and interoperability between local and regional fire, EMS and law enforcement agencies • Improve response times • Defend the public interest • Improve operational efficiencies between local and regional fire, EMS and law enforcement agencies Describe the project and the activities that will be implemented; include information about building or sustaining NIMS Typed Resources (i.e. Team, Training, or Equipment) as applicable. Not to exceed 1250 characters, including spaces This project is dedicated to implementing the Spillman Insight interface which will enhance the real -time information sharing amongst law enforcement entities. The local region will come together to combat crime related instances, give first responders access to quick and efficient information, and aid the criminal justice agencies' communications during disasters. Data sharing will help fight regional crime and disasters by connecting records through the entire intelligence system. Hardware and licensing is necessary to ensure that all software components are installed and maintained according to contracts. Licensing will ensure that Schertz is in compliance with usage properties. The response to the next three (3) sections should be consistent with the region's (1) Threat and Hazard Identification and Risk Assessment ( THIRA); (2) State Preparedness Report; and (3) Texas Homeland Security Strategic Implementation Plan. Describe the threats and hazards that create the need for the project. Not to exceed 1250 characters, including spaces. The San Antonio UASI and AACOG 2012 THIRA identified several threats and hazards faced by this area in all three named categories. According to 2010 statistics, the San Antonio region which includes Schertz, is one of the deadliest places to live in the United States. Natural disasters include threats from tornadoes, flooding, wildfires and earthquakes. Located only 140 miles from the Gulf of Mexico the San Antonia area rates as the fourth hottest city in the nation which brings heat related disasters and deaths. Technological and accidental hazards include hazardous materials incidents, pipeline explosions, and fixed and transported chemical spills that provide little or no warnings to the population. These potential disasters are escalating due to the increased number of transportation issues, plant and pipeline construction and industrial proliferation. The opportunities for human error are escalating with the need for efficient safety dispatching and first responder events remaining static. The dynamics of the region includes the very high possibility of vehicle -borne improvised explosive devices, cyber- attacks plus human and drug trafficking that increases on a yearly basis. Describe the capability gap(s) which will be addressed by the project: Not to exceed 1250 characters, including spaces The areas of AACOG that are outside of the City of San Antonio are at greater risk from natural, technology and terrorist /human threats due to the large number of political subdivisions in the area. In the event of a large scale disaster it is imperative that all small communities in the area work together, collectively, with combined assets, staff and resources to maintain societal order and basic services. The lack of interoperability currently is the greatest capability gap in the area. There is some interoperability in the area of radio communications; but there is no real time data sharing or common database for transferring information on older or even recent past events, trends or incidents. The necessity of a total records management area wide system plus CAD and mobile capabilities is crucial to promote the safety of the communities. Information must include data on staff and resources availability to the entire area at any given time. The ability for incident commanders and field supervisors to know what staff and resources are available in an instant will be invaluable in the event of a large scale incident. It is this interoperability and access to information that needs to be addressed. How will the project reduce the capability gap(s): Not to exceed 1250 characters, including spaces The goal of the City of Schertz in this project is to work with Spillman Technologies to implement a new interface with agencies in the area that are currently on the Spillman CAD /RMS systems. Proposed components would be able to communicate to the mainframe system with the acquired equipment and licensing, thus providing accurate real -time and up -to -date information to the officers and first responders working throughout the region. Furthermore, this system will ensure that in the event of a large scale incident, involving multiple jurisdictions, that the incident commanders and field supervisors can coordinate staff and resources across jurisdictional lines to ensure public order is restored and maintained. Additionally, the City of Schertz plans to develop long term data sharing with other communities and public safety agencies in the area to track minor and major criminal incidents and trends with the intention to prevent any potential Human - Caused hazards which could lead to large scale incidents. Measuring project impact: List 2 -5 specific performance outcomes /outputs that can be used to measure the success of the project (At least one outcome and one output are required per project) Outcome #1: Search and receive data simultaneously from one or more agencies using separate servers. Outcome #2: Enhance search capabilities by connecting to agencies across jurisdictions or using disparate systems. Outcome #3: Conduct comprehensive searches from your PC, laptop, or mobile unit. Outcome #4: Access data instantly for improved response while ensuring data security. Outcome #5: Share data with agencies using disparate systems through a convenient Web -based browser. Please select applicable Core Capabilities and amount of funding for each. See funding by category below Identify if this project focuses on building New Capabilities or sustaining Existing Capabilities. [Drop down list] New Capabilities, Existing Capabilities Describe existing capability levels and prior homeland security funded projects that address the identified goals /objectives and what will be in place to support the Investment prior to the use of FY 2013 funds. Not to exceed 1250 characters, including spaces Currently the city of Schertz' CAD and RMS systems are separate products which do not allow for interoperability between the programs. Additionally, the city of Schertz is on a different system than the majority of surrounding agencies. This difference in products and capabilities greatly reduces interoperability. The proposed components would be able to interface with the mainframe system with the acquired equipment and licensing, thus providing accurate real -time and up -to -date information to the officers and first responders working throughout the region, which currently is lacking . Furthermore, the current systems do not allow interoperability and communications for various incident commanders and field supervisors. This reduces the ability to coordinate staff and resources across jurisdictional lines to ensure public order is restored and maintained in the event of a large scale incident (either locally or regionally), involving multiple jurisdictions. Explain the long -term approach to sustaining the capabilities developed by this project. Not to exceed 1250 characters, including spaces Once this initial purchase of this system has been made and the system goes fully operational, sustainment of the program will be maintained through the City of Schertz' budget appropriations. Enhancements and upgrades may be required in the future which would be either funded through budget appropriations or through additional grants. If this is a multi - jurisdictional project, please check all participating jurisdictions and enter the amount each will receive. N/A Provide an explanation on the regional impact of this project. Not to exceed 1250 characters, including spaces Interoperability with other agencies will be enhanced by data sharing. A total package will ensure Schertz and surrounding communities are dynamically prepared for all emergencies. Enter the amount of funding for each category. Enter decimal numbers only, no characters (dollar signs, commas), do not put N /A, only numbers. $65,564 See attached for breakdown Does this Investment require new construction or renovation, retrofitting, or modification of existing structures? [Drop down list] Yes, No Time period for completion of project Choose a time period from the dropdown menu: 1 -4 Months 5 -8 Months 9 -12 Months 13 -16 Months 17 -20 Months Project Management Step involved: Choose only one. [Drop down list] Initiate, Plan, Execute, Control, Close Out List 3 -5 milestones of this project, and then list the intended completion date for each milestone. Milestones should occur throughout the project. See attached Milestone Sheet Disclaimer: I certify, by checking this box, that the information provided in this submission is accurate. By checking this box, I am indicating that I am authorized to submit this project by my governing body. I understand any jurisdiction must meet eligibility requirements to receive funding. I also understand this project proposal serves as a request for consideration for grant funding. There is no guarantee of award by submitting this request. I understand that if this project is funded I will complete all necessary actions listed in the grant sub - recipient agreement and special terms and conditions. I also understand that any variation to an approved project must be submitted through the formal change request process. Additionally, the change must be authorized by the regional council and should a change request be denied, funds can be reallocated to another project or jurisdiction. 1 Ltechnologies, inn. reliable innovatio —n t The Power of Data Sharing With Spillman's Insight product you can collaborate effectively with other agencies, heighten the value of your investigative leads, and search real -time information to prevent and solve crimes — all while maintaining the highest level of data security. Multi- jurisdictional Model �l tai d - Multi- jurisdictional data sharing increases officer safety, improves agency productivity, and creates strong alliances with regional agencies in your state. Insight enables you to build interoperability by linking with other agencies' data servers in real time. Multiple participating agencies, including those using disparate software systems, can connect databases by using a Spillman Insight broker. This model allows each agency to search for information outside itsjurisdiction and receive critical up -to -date information. Spillman maintains system security by allowing agencies to set user privileges, defining which users can access data and at what level. Spillman offers encryption that complies with the National Institute of Standards and Technology (NIST) and Federal Information Processing Standards (FIPS). LSJ InSi"ght I XML Framework Spillman Agency —When your agency initiates a search using InSight,the information is sent directly to an Insight broker,or central message switch.The broker then routes the search request in real time to other agencies connected to Insight. If one or more Liagencies have data matching the search criteria, the information is returned to the requestor through the central broker. Non - Spillman Agency —The Insight system is also tailored to agencies that do not use Spillman as their records management provider. Using a browser -based client, agencies with disparate systems can conveniently make queries and receive responses 16 entirely from the Web -based application. No client software is required to be installed or downloaded to a workstation, making InSight easy to use and maintain.This tool is designed using the latest technologies including Asynchronous Java and XML (AJAX), allowing the browser to maintain its seamless look and feel while data is transferred between the browser and the InSight broker. InSight incorporates the Global Justice XML Data Model. This XML -based framework of appropriate federal specifications allows justice and public safety communities to share information at all levels. Using XML, Spillman provides your agency with the power to share mission - critical data among other law enforcement agencies regardless of vendor and without costly interfaces. Spillman Application ice.+. � •yp�e. . f u"�P.,4 � er i 1ra.r. f M r�.rdw R �e.e Name Search 0,RMSTEAD lip* f .xael .�eitiy: r wnbry..w:�. o:.w.e... �.wc..o u.ewrf.ena+o r F r F E Quick Search - Run multiple searches Itaneously from the name, vehicle, or property screen. A single agency or a group of agencies can be defined for each search. EAdmin - System administrators can add, e, and edit users and passwords. They can also monitor agencies registered with the Insight broker and sites actively connected. Browser -based Client Insight Leal Fie t Mile armstex g' Btrt�l.y C+ 5 se t4s::C K slat. select state Sex SF%fi S'tft Armstead, Glenn SIIIILI $4. `^ DONLO Sraa ' 4. cenrml I soEmd! U 3. History - Locate the last 20 searches itted through Insight. Recent searches are automatically stored in the history screen where they can be reviewed, modified, and resubmitted at a later time for further investigation. URecord Details - View detailed record ation on name, vehicle, or property returns U 5. Alerts & Involvements® - View alerts and rior Involvements associated with the name, vehicle, or property record. U 1 - View photos associated with the , vehicle, or property records. High - quality image thumbnails serve as convenient links to full -sized images. Click the arrow to view the enlarged image. Ins *ht Armstead, Glenn 4. .,m.x.: .es eeaue to wy: wme.e: 6. sv.q-wu., ro rrU. M.m wew- m *iuv}iva pM.Lh�w� ii+�9i0, etu � ui. +.1W4 YSnHgwc w�ero.,.: pssSeas,ou. � as* w:ee.rtwnr raaa>css -e+oi 0 m 1 _. fewate: fxe.sea ey.s: aw �e...,d� euF+ru. wm arW e»tt.yn U 3. History - Locate the last 20 searches itted through Insight. Recent searches are automatically stored in the history screen where they can be reviewed, modified, and resubmitted at a later time for further investigation. URecord Details - View detailed record ation on name, vehicle, or property returns U 5. Alerts & Involvements® - View alerts and rior Involvements associated with the name, vehicle, or property record. U 1 - View photos associated with the , vehicle, or property records. High - quality image thumbnails serve as convenient links to full -sized images. Click the arrow to view the enlarged image. � Powerful Searching Information such as arrest warrants and a history of driving under the influence or assaulting officers can be critical to field personnel's safety. Without leaving the patrol car or picking up the radio, you can utilize Insight to search your agency's data as well as data from other jurisdictions and the state. SPt e o I IO&S inc. roliahl,Q innrw :itinr).' 4625 West Lake Park Blvd. Salt Lake City, Utah 84120 800.860.8026 info @spillman.com www.spiliman.com Microsoft Partner Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Police Department Subject: Resolution No. 15 -R -05 — Bexar Metro 911 Grant BACKGROUND The City is requesting authorization for the acceptance for the fiscal year 2015 Bexar Metro 911 grant through Bexar Metro 911 for the project titled: SCUCISD Point to Point in the amount of $5381.25 (75 %) with matching funds in the amount of $1793.75. Chief Hansen recommends the authorization to apply for the grant. Goal Provide funding for equipment needed to install a point to point camera system between he Schertz Police Department and the SCUCISD. Community Benefit The goal of the City of Schertz in this project is to expand our emergency monitoring capabilities to the Schertz - Cibolo- Universal City ISD. We currently provide day to day police presence in the form of School Resource Officers to SCUCISD. With this grant, we will be able to install a point to point system in our dispatch center to have the capability to monitor the approximately 1500 cameras that the SCUCISD currently has installed. This point to point system will allow our dispatchers the ability to monitor the cameras that are currently in use throughout the SCUCISD via monitors and equipment that will be installed in our dispatch center. Summary of Recommended Action The acceptance of the fiscal year 2015 Bexar Metro 911Grant through Bexar Metro 911 for the project titled: SCUCISD Point to Point in the amount of $5381.25 (75 %) with matching funds in the amount of $1793.75 (25 %). FISCAL IMPACT A grant award in the amount of $5381.25 (75 %) with matching funds in the amount of $1793.75 (25 %). The $1793.75 will come from the budgeted expenditure line item 101 -256- 571300 Computer and Peripherals. RECOMMENDATION Approval of Resolution No. 15 -R -05 ATTACHMENT(S) Original Grant Submission Resolution No. 15 -R -05 and fiscal year 2015 Texas Byrne Memorial Justice Assistance Grant through the Criminal Justice Division of the Texas Governor's Office for the project titled: Evidence Technician Equipment agreement RESOLUTION NO. 15 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2015 BEXAR METRO 911 GRANT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") wishes to accept the fiscal year 2015 Bexar Met Grant through the Bexar Metro 911 for the project titled: SCUCISD Point to Point; and WHEREAS, the grant funds total $5381.25 (75 %) and require matching funds in the amount of $1793.75 (25 %); and WHEREAS, the City Council of the City of Schertz hereby finds and determines that it is in the best interest of the City to accept the 2015 Bexar Met Grant totaling $5,381.25 with matching funds in the amount of $1793.75 for the project titled: SCUCISD Point to Point. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the acceptance for the fiscal year 2015 Bexar Met Grant funds totaling $5,381.25 with matching funds of $1,793.75 (the "Grant ") for the project titled: SCUCISD Point to Point. Section 2. The City Council hereby authorizes the City Manager or his designee to take all actions necessary in connection with the acceptance of the Grant including, but not limited to, executing the Grant Agreement, acceptance, rejection, to alter, or terminate the grant. Section 3. The City Council hereby assures that, in the event of loss or misuse of grant funds, all funds shall be reimbursed to Bexar Metro 911. Section 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Page 1 Section 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of January, 2015. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Page 2 Agenda No.8 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: City Manager Subject: Resolution No. 15 -R -02 - Consideration and/or action approving a Resolution appointing and reappointing Directors of the Tax Increment Reinvestment Zone Number Two, City of Schertz and related matters in connection therewith. (B. James) BACKGROUND The terms of the City's appointees to the Tax Increment Reinvestment Zone (TIRZ) Number Two have expired. Per Ordinance 06 -T -61 that designated the Zone, the City shall appoint Six Directors to the Zone's Board of Directors. Bexar County shall appoint two Directors, the San Antonio River Authority shall appoint one Director and the State Representative and State House Representative shall also each appoint one Director. Staff recommends that John Bierschwale, Bob Cantu, Michael Carpenter, Chris Price, and Gary Inmon be reappointed and that David Richmond be appointed to fill the spot of George Antuna. All will be appointed for two year terms, through December 31, 2016. Goal Appoint and reappoint Directors to the Tax Increment Reinvestment Zone Number Two. Community Benefit Provides oversight of the Tax Increment Reinvestment Zone Number 2. Summary of Recommended Action Recommend approval of Resolution 15 -R -02 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. FISCAL IMPACT WM/ RECOMMENDATION City Council Memorandum Page 2 Approval of Resolution 15 -R -02 appointing six Directors to the Tax Increment Reinvestment Zone Number 2 Board of Directors. ATTACHMENT Resolution 15 -R -02 RESOLUTION NO. 15 -R -02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING AND REAPPOINTING DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, Reinvestment Zone Number Two, City of Schertz, Texas (the "Zone ") is governed by a Board of Directors (the "Board ") consisting of eleven total directors (the "Directors "); WHEREAS, six Directors are appointed by the City of Schertz, two Directors are appointed by Bexar county, and one Director is appointed by each of the San Antonio River Authority, the State Representative for the Zone, and the State Senator for the Zone; Whereas, John Bierschwale, Bob Cantu, Michael Carpenter, Gary Inmon and Chris Price are currently Directors of the Zone, and their terms have expired; Whereas, the City Council desires to reappoint John Bierschwale, Bob Cantu, Michael Carpenter, Gary Inmon and Chris Price to their positions as Directors of the Zone; Whereas the City Council has one vacant Director positions on the Board, and Whereas, the City Council desires to appoint David Richmond as a Director of the Zone to fill such vacancy. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby reappoints John Bierschwale as a Director of the Zone, with a term ending December 31, 2016. Section 2. The City Council hereby reappoints Bob Cantu as a Director of the Zone, with a term ending December 31, 2016. Section 3. The City Council hereby reappoints Michael Carpenter as a Director of the Zone, with a term ending December 31, 2016. Section 4. The City Council hereby reappoints Gary Inmon as a Director of the Zone, with a term ending December 31, 2016. Section 5. The City Council hereby reappoints Chris Price as a Director of the Zone, with a term ending December 31, 2016. Section 6. The City Council hereby appoints David Richmond as a Director of the Zone, with a term starting on the dates hereof and ending December 31, 2016. Section 7. 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 8. 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 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 10. 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of January, 2015 CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Development Services Subject: Resolution No. 15 -R -03 — Consideration and/or action authorizing the Historical Incentive Program for the Main Street Area. (B. James/B. James) BACKGROUND As has been previously presented to the City Council, Staff has been working with the Schertz Historic Preservation Committee on an incentive program for the Main Street Area. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. The idea is to provide matching funds up to $20,000 per property to go towards the cost of renovations. The aim of the program is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive element of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. Details of the program including eligibility requirements, a map of potentially eligible properties, and a copy of the funding agreement are provided as attachments. Goal Promote the history and culture of the City of Schertz to tourists and residents. Community Benefit Recognize structures of significance to the community's past. Summary of Recommended Action Staff recommends approval of Resolution 15 -R -03 creating the Historic Incentive Program for the Main Street Area. City Council Memorandum Page 2 FISCAL IMPACT $40,000 has been budged for this program from the Hotel Occupancy Tax Funds. RECOMMENDATION Approval of Resolution 15 -R -03 ATTACHMENT Resolution 15 -R -03 Main Street Area Incentive Program Summary Main Street Area Incentive Program Main Street Area Incentive Agreement a RESOLUTION NO. 15 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE SCHERTZ MAIN STREET AREA PRESERVATION INCENTIVE PROGRAM CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, Stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the Schertz Historic Preservation Committee is in support of this program; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL O FTHE CIYT OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby creates the Schertz Main Street Area Preservation Incentive Program as outlined in Exhibit "A" — Schertz Main Street Are Incentive Program Summary for eligible properties located within the Main Street Incentive Area as depicted in Exhibit LB" and will be administered using the agreement template as per Exhibit LLC95 Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Schertz Main Street Area Preservation Incentive Program City of Schertz Section 1.1 Purpose The City of Schertz finds that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public. The area around Main Street in Schertz once served as commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through historic restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City. The program is intended to: a) Protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; b) Stabilize and improve property values; c) Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and: d) Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. In order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area. Section 1.2 Administration The program will be administered by the City of Schertz Building Inspections Division. Section 1.3 Eligibility Criteria All of the following eligibility criteria must be met: a) Property must have been constructed more than 50 years prior to the date of application and be designated as a Landmark Property. b) Property must be located within the Main Street Incentive Area. See attached map. c) All taxes and government fees must be current on the property. Section 1.4 Types of Grant Assistance Funding for this program is generated by the Hotel Occupancy Tax (HOT) funds. a) Program assistance is available to owners who make verified exterior improvements (however limited to comprehensive maintenance and rehabilitation painting, roof, windows, foundation, fagade restoration including replacing windows, wall repairs, brick re- pointing, replacing and exposing transom windows; and improvements necessary to stabilize a structure) consistent with applicable codes, or who make verified interior improvements to upgrade interior systems to current building codes (however limited to sanitary sewer lines, fire, HVAC, insulation, electrical, plumbing, or a combination of interior or exterior improvements) and which are approved in advance by the Schertz Historical Preservation Committee and City Council. Grants are available with a cap of $20,000 per property. b) Grants will not be provided for work already co leted or which is begun prior to approval of the grant application c Funds will be provided on a 50 /50 matchi t s In kind contributions may p n. be counted toward the match requirement� Section 1.5 Grant Application Procedures At the start of the fiscal year, the city will promote the amount of funding available. Applications will be received throughout the fiscal year, subject to the availability of funds. ................. a) Property owner submit an application along with any required supporting documentation (i.e. drawings, total project cost estimate, photographs, contactor bids, tax certificates, etc.). Applications will be reviewed by the Building Inspections Staff for completeness. b) After submittal of a grant request, a preliminary site visit will be made by the Building Inspections Staff along with the Chairperson of the Schertz Historical Preservation Committee. c) Applications will be reviewed and evaluated by the Schertz Historical Preservation Committee. The Committee will evaluate the application based on the Secretary of the Interior's Standards for Rehabilitation. The Committee's recommendation will be forwarded to the City Council for review and approval. d) City Council will decide which entities qualify for assistance based on the architectural value of their proposed projects to the City of Schertz, the compatibility of the proposed projects with the Main Street Area, and the cost effectiveness of the proposed project in relation to the proposed amount of the grant. e) The property owner and City will execute a Grant Agreement detailing the obligations of the grantee, the method and timing of reimbursement, and outlining the scope of work eligible for reimbursement. f) Work must be completed within one year from the date of execution of the Grant Agreement, however; the Historical Preservation Committee may grant an extension of up to one year. OA \ r \ Ol ♦ `, , -` � `\ , ASS \'�` ♦ � °'` \\ \\ '(� � \` \• • •''� � .rte. "•-�- _ \ • \ r N Main Street Incentive Area City of Schertz w E Schertz Main Street Area Preservation Incentive Program S 0 100 200 400 600 800 1,000 Feet STATE OF TEXAS § COUNTY OF BEXAR § HOTEL TAX FUNDING AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND FOR EXPENDITURE OF HOTEL OCCUPANCY TAX FUNDS This Hotel Tax Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and , (ENTITY). WHEREAS, the ENTITY has developed a proposal to ; and WHEREAS, the City of Schertz finds that promoting the enhancement and perpetuation of structures of historical importance and significance are necessary to promote the economic, cultural, educational and general welfare of the public; and WHEREAS, the area aroundi q treet in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through historic restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and ;uaaaahaaaany. WHEREAS, in order to facilitate the preservation of historic structures to promote the economic vitality of the Main Street area as a tourist destination, the City of Schertz is offering incentives that will serve to improve existing properties and businesses within this area.; and WHEREAS, the City Council of the City of Schertz desires to provide Hotel Occupancy Tax revenues to the (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of the City of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners an incentive for protecting their property; stabilize and improve property values; foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents, and strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. PAGE 1 OF 5 Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project from hotel occupancy tax funds. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the PAGE 2 OF 5 other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To the ENTITY at: [Name of (Attention: ] [Address: ] [Mailing address if,diff rg mt f [City, State, ZIP] [Telephone number: ] MISCELLANEOUS Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non - Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. PAGE 3 OF 5 Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. 690088810 p: `Qoss g % Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of , 20 CITY OF SCHERTZ, TEXAS ENTITY City Manager ATTEST: City Secretary (Title) (Title) PAGE 4 OF 5 EXHIBIT A [Describe the project to be performed] PAGE 5 of 5 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Mayor /Council Subject: Resolution No. 15 -R -06 — Supporting the JBSA - Randolph and Expansion of Local Government Code Chapters 397 and 397A BACKGROUND Communities that surround JBSA- Randolph have experienced significant growth and development. 12 FTW Flight Operations may not be compatible with planned developments in the Runway Clear Zones (CZ) and Accident Potential Zones (APZ) and these safety areas (CZ) and (APZ) are subject to increased risk and high levels of aircraft noise on a daily basis. High Density Trainer Operations flown by the 12 FTW 145 T -38, T -6 and T -1 aircraft are not compatible with urban developments. To protect the Community and the JBSA- Randolph training missions, the Air Education and Training Command (AETC) may need to move the 12 FTW mission out of the San Antonio Metropolitan area or the State of Texas if planned/proposed residential or certain other developments proceed within the Accident Potential Zones of JBSA- Randolph. Communities are not able to consider an installation's recommendations regarding development in order to ensure compatibility with Mission requirements. There is currently no statute or other regulatory mechanism to compel property owners to notify potential purchasers that the property is located in a high noise and/or Accident Potential Zone. The provisions of Texas Local Government Code Chapters 397 and 397A are not available to JBSA - Randolph or Municipalities or Guadalupe County due to the limited application set forth in those Statutes The Guadalupe County Commissioners Court approved their Resolution No. 12302014 -5F supporting Joint Base San Antonio - Randolph request that the Legislature of the State of Texas approve and submit to the Governor for passage Legislation incorporating certain provisions of Arizona Statute A.R.S. 28 -8481 as well as expand the application of Texas Local Government Code Chapters 397 and 397A to all Counties, Municipalities and communities within the State of Texas. The Northeast Partnership approved a similar resolution on January 8, 2015. FISCAL IMPACT City Council Memorandum Page 2 None RECOMMENDATION Staff recommends Council approve Resolution No. 15 -R -06 in support. ATTACHMENT Resolution No. 15 -R -06 RESOLUTION NO. 15 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IN SUPPORT OF JBSA- RANDOLPH BY ADDITIONAL PROPERTY SALE AND LEASE NOTICE AND LIMITED EXPANSION OF LOCAL GOVERNMENT CODE CHAPTERS 397 AND 397A TO THE AREA SURROUNDING JBSA - RANDOLPH WHEREAS, The San Antonio Region including the City of Schertz that surround JBSA- Randolph have experienced significant growth and development; and WHEREAS, The 12th Flying Training Wing Flight Operations may not be compatible with future development of property in the Runway Clear Zones (CZ), Accident Potential Zones (APZ), and High Noise Areas (65 decibels or greater), and these safety zones and noise areas (CZ) and (APZ) are subject to increased risk and/or high levels of aircraft noise on a daily basis; and WHEREAS, High Density Trainer Operations flown by the 12th Flying Training Wing 145 T- 38, T -6, and T -1 aircraft are not compatible with high density urban development; and WHEREAS, the City of Schertz wishes to protect both the Community and the JBSA - Randolph training missions; and WHEREAS, the City of Schertz does not wish the Air Education and Training Command (AETC) to ever consider a need to move the 12th Flying Training Wing out of the San Antonio Metropolitan Area or the State of Texas should future incompatible developments occur within the Runway Clear Zones, Accident Potential Zones, or High Noise Zones of JBSA- Randolph; and WHEREAS, the City of Schertz, including Bexar, Guadalupe, and Comal Counties, are not fully able to consider an installation's recommendations regarding development in order to ensure compatibility with Mission Requirements; and WHEREAS, there is currently no statute or other regulatory mechanism to compel property owners to notify purchasers that the property is located in a High Noise Zone and /or Accident Potential Zone; and WHEREAS, the State of Arizona has adopted measures to address the safety, quality of life, and compatibility issues referenced above for development in those areas adjacent to or near Military Installations; and WHEREAS, the provisions of the Texas Government Code Chapters 397 and 397A are not available to JBSA- Randolph or Municipalities or Bexar, Guadalupe and Comal Counties due to the limited application set forth in those Statutes; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Schertz, Texas hereby requests that the Texas Legislature approve and submit to the Governor for passage of Legislation two amendments to address greater property owner awareness and future development compatibility in the area around Joint Base San Antonio — Randolph, including: Section 1. Incorporating certain portions of Arizona Statute A.R.S. 28 -8481 related to potential property ownership or lease notification such that any property owner whose property is located within a clear zone, accident potential zone or high noise area (65 decibels or greater) shall notify potential purchases of the property and potential leases or renters that the property is located in one of these zones; and Section 2. Sections 397.005 (b) and 397.006 of the Texas Local Government Code be amended to apply to the area around Joint Base San Antonio - Randolph. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 4. 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 5. This Resolution 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 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this day of , 2015. CITY OF SCHERTZ, TEXAS Michael R Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) COMMISSIONERS COURT § No, 12302014 -SF GUA©ALUPE COUNTY § RESOLUTION In Support of ]BSA - Randolph and Expansion of Local Government Code Chapters 397 and 397A WHEREAS, Communities that surround ]BSA- Randolph have experienced significant growth and development; and WHEREAS, 12 FTW Flight Operations may not be compatible with planned developments in the Runway Clear Zones (CZ) and Accident Potential Zones (APZ) and these safety areas (CZ) and (APZ) are subject to increased risk and high levels of aircraft noise on a daily basis; and WHEREAS, High Density Trainer Operations flown by the 12 FTW 145 T -38, T -5 and T -1 aircraft are not compatible with urban developments; and WHEREAS, to protect the Community and the ]BSA- Randolph training missions, the Air Education and Training Command (AETC) may need to move the 12 FTW mission out of the San Antonio Metropolitan area or the State of Texas if planned /proposed residential or certain other developments proceed within the Accident Potential Zones of JBSA- Randolph; and WHEREAS, Communities are not able to consider an installation's recommendations regarding development in order to ensure computability with Mission requirements; and WHEREAS, there is currently no statute or other regulatory mechanism to compel property owners to notify potential purchasers that the property is located in a high noise and/or Accident Potential Zone; and WHEREAS, the State of Arizona has adopted measures to address the safety /quality of life issues referenced above for development in those areas adjacent to or near Military Installations; and I WHEREAS, the provisions of Texas Local Government Code Chapters 397 and 397A are not available to ]BSA- Randolph or Municipalities or Guadalupe County due to the limited application set forth in those Statutes; NOW THEREFORE, BE IT RESOLVED, Guadalupe County, Texas hereby requests that the Legislature of the State of Texas approve and submit to the Governor for passage Legislation incorporating certain provisions of Arizona Statute A.R.S. 28 -8481 as well as expand the application of Texas Local Government Code Chapters 397 and 397A to all Counties, Municipalities and communities within the State of Texas. PASSED AND APPROOEED• on the 30TH day of DECEMBER 2014, by a vote of ayes and nays. _Abaen+ Larry ]ones County ,judge Kyle Kutscher Commissioner, Pct. 2 y 0/68Y C pe Commissioner, Pct. 4 2 reg idenberger Commissioner, Pct. 1 X A /.4 iI 17 J aim Wolverton Commissioner, Pct, 3 Attest: T esa Kiel County Clerk , r Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Police Subject: Resolution No. 15 -R -07 Patrol and Traffic Enforcement Petition for Carolina Crossing South Gated Community BACKGROUND The City has received a petition for patrol and enforcement for the gated community of Carolina Crossing South. The petition has been confirmed by the GIS Department that all signatures are homeowners within the gated community. The Police Department does patrol the gated communities; however, there are no agreements with any gated community to enforce State or City traffic control laws, which impacts the Police Departments ability to conduct full traffic enforcement. Carolina Crossing South is the first gated community to request traffic control patrol and enforcement within the City. Carolina Crossing South Home Owners Association Board and Signed Petitioners have agreed to the terms as stated in the Petition. The Texas Transportation Code allows the following: On petition of 25 percent of the property owners residing in the subdivision or on the request of the governing body may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. The subdivision has 103 lots and 25% requires 26 signatures. The Resolution accepts the petition and authorizes the Ci . Manager to execute an agreement between the HOA and the City detailing the obligations of the HOA as to liability and payment for enforcement of the traffic regulations. A separate ordinance will be considered by City Council for extending the traffic regulations of the City into the private subdivision. FISCAL IMPACT No fiscal impact, because the traffic control enforcement will occur during routine patrols. Speed limit signs will be installed at the expense of the Home Owners Association in accordance with the Texas Uniform Traffic Control Standards. The current Public Works Dept. estimate is $422.85 to the HOA. RECOMMENDATION Staff recommends approval ATTACHMENT(S) Resolution No. 15 -R -07 Executed Petition GIS signature confirmation with map identifying signatures Public Works price quote RESOLUTION NO. 15 -R- 07 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CAROLINA CROSSING SOUTH HOMEOWNERS ASSOCIATION FOR THE PURPOSE OF TRAFFIC CONTROL, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Carolina Crossing South is a private gated community in the City of Schertz, Guadalupe County, Texas, generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WHEREAS, the Carolina Crossing South Home Owners Association is the owner of the private streets in Carolina Crossing South and is responsible for the maintenance thereof; and WHEREAS Texas Transportation Code Section 542.008, (the "Statute ") as amended, authorizes a municipality to extend certain road regulations to within certain private subdivisions; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (300) or more; and WHEREAS, the Statute authorizes, on petition of twenty -five percent (25 %) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WHEREAS, pursuant to the Statute, at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South together with the governing body of the Association, have petitioned the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South (the "Petition "), said Petition being attached hereto as Exhibit "A"; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in the Petition are subject to the passage of an ordinance by the City Council of the City stating that the Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules and is further subject to an agreement being executed between the City and the Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: I . That the Petition is hereby accepted by the City Council. 2. That the City Manager is hereby authorized to execute an agreement detailing the obligations of the Association regarding payment and liability for traffic enforcement. 3. That this resolution shall be in force and effect from and after its final passage, and is so resolved. PASSED AND ADOPTED, THIS DAY OF JANUARY , 2015. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) -2- CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Exhibit "A" [COPY OF SIGNED PETITION] -3- PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § VVITNESSETH: WHEREAS, Carolina Crossing South ("Carolina Crossing_ South ") is a private gated community in the City of Schertz, Guadalupe County, Texas, ("Tity") generally located at 3567 Peachtree Lane, off Savannah Drive, between Schertz Parkway and Inglewood Drive and containing a total of one hundred and three (103) residences; and WHEREAS, Carolina Crossing South Homeowners' Association (the "Association ") is the owner of the private streets in Carolina Crossing South (the "Private Streets ") and is responsible for the maintenance thereof, and WHEREAS, the Owners (as hereinafter defined) and the Association acknowledge that Carolina Crossing South is a subdivision within the City limits of the City and in accordance with the Texas Transportation Code Section 542.008, as amended (the "Statute "), the Association seeks to cause the traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to apply to the Private Streets in Carolina Crossing South; and WHEREAS, the Statute applies to a subdivision in which the roads are privately owned or maintained, and to a municipality with a population of three hundred (300) or more; and WHEREAS, the Statute authorizes, on petition of twenty -five percent (25 %) of the property owners residing in a subdivision, the governing body of the municipality to extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally; and WHEREAS, pursuant to the Statute, at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South (collectively, the "Owners "), together with the governing body of the Association, desire to petition the City to enforce the traffic rules and laws related to the operation of motor vehicles on public thoroughfares of the City on the Private Streets and to obtain the patrol presence of the City Police Department for the health, safety, and welfare of the City's citizens residing in Carolina Crossing South; and WHEREAS, the Owners and the Association acknowledge and agree that enforcement of the requests set forth in this Petition for City of Schertz Police Patrol and Enforcement in Gated Community of Carolina Crossing South (the "Petition ") are subject to the passage of an ordinance (the "Ordinance ") by the City Council of the City (the "City Council ") stating that the 50556696.3 - 1 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Private Streets are to be considered to be public streets for the purposes of the application and enforcement of specified traffic rules; and WHEREAS, the Owners and the Association acknowledge that if the City Council chooses to act on this Petition, the Owners and the Association may be required to enter into an agreement in the form of the Traffic Enforcement Agreement (Carolina Crossing South) set forth on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Agreement'), as such form may be amended following City Council's receipt and review of this Petition, with the City setting forth the terms and conditions upon which the traffic rules that apply in the City shall apply in Carolina Crossing South, and in that event, said agreement shall be an exhibit to the Ordinance. NOW, THEREFORE, this Petition is submitted to comply with the Statute and to request that the City Council accept the Petition and find that it is in the best interest of the City to draft and approve an ordinance authorizing the City to apply the City's traffic rules and laws related to operation of motor vehicles on public thoroughfares of the City to the Private Streets. PETITION Pursuant to the Statute, the Owners and the Association petition the City as follows: 1. General Nature of Requested Service: The Owners and the Association petition the City to direct the City's Police Department to provide law enforcement to Carolina Crossing South for the purposes of patrol, enforcement of traffic control, and laws related to operation of motor vehicles, investigation of criminal activity, and deterrence of criminal activity in the violation of City and State laws within the jurisdiction of the City's Police Department for the health, safety, and welfare of the City citizens residing in Carolina Crossing South. 2. Satisfaction of Conditions Precedent: (a) The Statute applies to a subdivision in which the roads are privately owned or maintained. The Private Streets are privately owned and maintained by the Association. (b) The Statute applies to a municipality with a population of three hundred (300) or more, and the City is a municipality with a population of more than three hundred (300). (c) The Statute requires this Petition be made by either at least twenty -five percent (25 %) of the property owners residing in Carolina Crossing South or the governing body of the entity that maintains the Private Streets. The Owners and the Association have jointly submitted this Petition. Each Owner executing this Agreement covenants that he /she is the legal fee simple owner (and not a renter) 50556696.3 - 2 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South of the property address listed by his /her name on the signature pages to this Agreement. 3. Municipality May Extend Services: The Statute provides that the governing body of the municipality may extend by ordinance any traffic rules that apply to a road owned by the municipality, or by the county in which the municipality is located, to the roads in the subdivision so that the roads of the subdivision, such as Carolina Crossing South, are under the same traffic rules, if the governing body of the municipality finds the ordinance in the interest of the municipality generally. 4. Traffic Rules Sought to Be Extended: The Owners and the Association seek to extend all traffic rules of City thoroughfares similar to those within Carolina Crossing South to the Private Streets, including, but not limited to: (a) Speed limit of 20 mph; (b) Vehicle registration and inspection laws; and (c) Traffic rules and laws regarding speed, signal indicators, stop signs, parking, and similar traffic laws. In compliance with the Statute, this Petition specifies the traffic rules that are sought to be extended. The Owners and the Association request that the City extend all of such requested rules to the Private Streets for the safety, health, and welfare of the City's citizens residing in Carolina Crossing South. 5. Traffic Enforcement Agreement: The Owners and the Association desire to enter into the Agreement with the City. 6. Lack of Necessity for Payment of Costs of Police Service: The Owners and the Association seek no different enforcement or service than that made available and provided to all other citizens and taxpayers of the City, and pursuant to the Statute. While the City may require that owners of property in the subdivision pay all or part of the cost of extending and enforcing the traffic rules in the subdivision, there should be no additional cost than that borne for any other citizen. Accordingly, the Association petitions that no additional charges be imposed for the provision of the police service in accordance with the agreement between the Association and the City. 7. Proposed Method of Enforcement: If the City Council passes an Ordinance, the Owners and the Association acknowledge that the Private Streets will be considered to be public streets for purposes of the application and 50556696.3 -3 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South enforcement of the specified traffic rules. The Owners and the Association will comply with all City requests for placement of necessary official traffic control devices on property abutting the Private Streets if those devices relate to a specified traffic rule and are either located on property owned by the Association or one of the Owners, the consent of the owner of that property (if not owned by the Association or one of the Owners) is obtained, or an easement is available for the placement of the device. 8. Execution: This Petition is made and executed by the Owners and an authorized representative of the Association. 9. Submission of Petition: This Petition will be filed with the City Secretary's office. The Owners and the Association submit this Petition and request that the City Council grant all matters requested herein and pass an appropriate ordinance of the City consistent with this Petition and the laws of the State of Texas and the City. [The remainder of this page intentionally left blank] 50556595.3 - 4 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South ASSOCIATION SIGNATURE PAGE TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH The undersigned has executed this instrument as of the date of the acknowledgement below. THE STATE OF TEXAS ASSOCIATION: 71yf-;�721- Na� Title: r�s�� /e� . C'cid ��,, �� -�� v� 14"tl This instrument was ackno 1 d ed before me on the day of ��e, �Q r , 201 ' by Kewnm S1• Wil�, th�-o�;\ Aex)1 of Y 1 a tWY12 OvdWS I��L OYl , on behalf of said App+ Qv V'Wr5 (SEAL) Cam. Notary Public in and for SARAH E. GONZALEZ The State of Texas MLNotary Public State of Texas M,Y Comm. Exp.10 -31 -2016 My Commission Expires: 50556595.3 - 5 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South PETITION CONFIRMED BY GIS DEPARTMENT AND MAP IDENTIFYING SIGNATURES -7- OWNERS SIGNATURE PAGE TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Name Signature Property Address Phone Number Date /Printed �Z6,I24-4j � 35�-/� k14lu I ✓Y v �/; �� c1 VJ 311 0�c Kqc -e 356 3 Peachh'eC 00 .r� `Q a.� l � '; ��►�) i 10619) D 10k 2r6 J41i 26zl P) 0T PL S6G— 5+Q--Wj er- R , 01 k 350 5&,,,yjr AV- Rw�,q ZjP34L- 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Name Signature Property Address Phone Number Date C1JZAA6%M Sq/3E'H o�� 3SOS S CA-s-o6,A ?Cdu' Z 23.ocTit-/ 01 AY 11 �G Z �i <hor� i �3 S "i,�it k t,' VL= (o.I 0, 0 � sin ,✓ �� 0 POMAT t a, "O - � S- 50556696.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Carolina Crossing Homeowners Association, Inc. EMBED Word.Pictwe.6 ,annual Meeting_ October 23, 2014 4 KNOW ALL MEN BY THESE PRESENTS,. which the undersigned owm.�e}r�i�ngthe Carolina Crossing Homeowners Association, In.-c -., doe`s hereby constitute and appoint ek -1- (� �}lYl C-c Li 2-7Sk-' my Proxy to act on my behalf at the Annual Membership Meetings, to be held October 23, 2014, and all reconvenings thereof My Proxy shall have fun authority to vote upon any and all matters that may be presented at said Meetings, as folly and with the same effect as if the undersigned had been present at said Meeting, and I hereby ratify and confirm all that my Proxy may cause to be done by virtue of this instrument This proxy is irrevocable except by actual notice by the undersigned to the Secretary of the Association or to the officer presiding over the Meetings #hat it is revoked. Unless sooner terminated, this Proxy shall terminate automatically upon the final adjournment of the Annual Meetings for which it is given. EXECUTED this �— day of G is L , 2014_ ;: Owner's Name (Printed) SUWauve of Owner �' , iaq Revised January 9, 2014 Carolina Crossing Homeowners Association, Inc. Annual- Meeting October 23, 2014 PROXY KNOW ALL MEN BY THESE PRESENTS, which the undersigned owner in the Carolina Home Ler 1 AssociatioA, lue; does hereby constitute and appoint Secretary or f my Proxy to act on my behalf at the Annual Membership Meetings, to be held.October 23, 2014, and all reconvenings thereof. My Proxy shall have full authority to - vote upon any and all matters that may be presented at said Meetings, as fully and with the same effect as if the undersigned had been present at said Meeting, and I hereby ratify and confirm all that my Proxy may cause to be done by virtue of this instrument. This proxy is irrevocable except by actual notice by the undersigned to the Secretary of the Association or to the officer presiding over the Meetings that it is revoked. Unless sooner terminated, this Proxy shall terminate automatically upon the final adjournment of the Annual Meetings for which it is given. EXECUTED this y of ,& 72014. 19 14 sne &ff 4 3��81�"tramotiT SC t-1 FAT P T)( %9I5 4/ OWNERS SIGNATURE PAGE TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Name Signature Property Address Phone Number Date a�Ds�� `Z_C C, SI72,%�-7Q� �� , ; ` )l �C L 2 CD e rti (0 C-" L c �_ 0 -b6 ( 3 S � 111162 �, [ �� act It elf 1 7FISI VN �� 0QLkdC* &In tf f' Sc zo 1/-y so 50556696.3 \1. / - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South OWNERS SIGNATURE PAGE TO PETITION FOR CITY OF SCHERTZ POLICE PATROL AND ENFORCEMENT IN GATED COMMUNITY OF CAROLINA CROSSING SOUTH The undersigned have executed this instrument as of the dates set forth below. Each person signing this instrument below covenants that he /she is the legal fee simple owner (and not a renter) of the property address listed by his /her name. Printed Name Signature Property Address Phone Number Date Ito 356.E PL J )Z :2 �A2bRi�R 3� t`� -2-10 50556596.3 - 6 - Petition for City of Schertz, Texas Patrol and Enforcement In Gated Community of Carolina Crossing South Property 17394 32 1 Owner Kenneth J. Mamot Address 3528 Hamilton PI No 17380 18 1 Thomas M. Lake 3516 Saratoga PI No 17460 25 2 Robert S. Crow 3512 Sherman Dr. No 17377 15 1 Michelle D. Porter 3528 Saratoga PI No 17392 30 1 Joseph M. Hymer 3529 Hamilton PI No 17426 64 1 Richard G. Patterson 3533 Peachtree Ln No 17454 19 2 Ingrid Torres 3509 Piedmont PI No 17459 24 2 Steven Icke 3508 Sherman Dr. No 17409 47 1 Thomas A. Doskal 3532 Piedmont PI No 17382 20 1 Elizabeth Sabeh 3508 Saratoga PI No 17436 1 2 Victoria L. Panzer 3540 Peachtree Ln No 17389 27 1 Danielle R. Griffin 3517 Hamilton PI No 17388 26 1 John P. Ostrowski 3513 Hamilton PI No 17405 43 1 Beuford H. Gibson 3548 Piedmont PI Yes 17397 35 1 Gayla Wilson 3516 Hamilton PI Yes 17461 26 2 Ricardo Santini 3516 Sherman Dr. No 17421 59 1 Ronald L. Fosmire 3513 Peachtree Ln No 17444 9 2 Robert Bell 3525 Saratoga PI No 17364 2 1 Larry W. Young 3573 Peachtree Ln No 17418 56 1 Farrel J. Bordelon 3501 Peachtree Ln No 17420 58 1 Mabel Avila 3509 Peachtree Ln No 17415 53 1 Ralph B. Miller 3508 Piedmont PI No 17400 38 1 Allan M. Beardsley 3504 Hamilton PI No 17398 36 1 Claudette S. Barnett 3512 Hamilton PI No 17401 39 1 Timothy C. Jacobs 3500 Hamilton PI No 17402 40 1 Kerry W. Eberhard 3560 Piedmont PI No 17448 13 2 Kurt M. Schoenberger 3509 Saratoga PI No 17429 67 1 John H. Buckley 3545 Peachtree Ln No by Proxy 2 Signatories 26 25.2% Total Petitioners 28 27.2% Total Properties (Unit 1) 103 W � � w O LL � @ SALF,!Pj n LO O � d' O C �5 N ) O C O r O p O D7 0 O X 5 O a o� 00 0- U z s` �� r � a `p•sE CL d G d;sa3r _ � aee�a ZZM � 6 :�iFE i.E %o? DATE January 5, 2015 Price Quote Carolina Crossing South CITY OF SCHERTZ PUBLIC WORKS DEPT. 10 COMMERCIAL PLACE SCHERTZ, TX 78154 PHONE # 619 -1800 FAX # 619 -1849 MATERIALS CITY UNIT COST TOTAL COST 10, sign Pie 3 $21.96ea $65.85 Sign Clams 6 $4.00ea $24.00 Wedges & Sockets 3 $14.96ea $44.85 LABOR TOTAL $93.00 MATERIALS TOTAL $134.70 LABOR HOURS I COSTIHOUR TOTAL COST Wk II 3 $18.00hr $54.00 Wk 1 3 $13.00hr $39.00 $422.85 LABOR TOTAL $93.00 EQUIPMENT HOURS COST /HOUR TOTAL COST Service Truck i i 2 $25.00hr $50.00 EQUIPMENT TOTAL Subtotal Administrat/on fee 15% Grand Total $50.00 $367.70 $56.15 $422.85 Fabricate and Install Signs for Carolina Crossing South Make Cheoks Payable to the City of Schertz Attention: Robert Martinez Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: January 13, 2015 Department: Subject: BACKGROUND Mayor /Council Discussion and possible action regarding the City's Employee Compensation Plan. This item was discussed at the City Council meeting of December 2, 2014, December 9, 2014, December 16, 2014, and January 6, 2015. Council requested that this item be placed back on the agenda for discussion. FISCAL IMPACT None RECOMMENDATION City Council to discuss and act if appropriate.