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08-23-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL AUGUST 23,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY City of Scertz 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 tea Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Azzoz) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • 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. 08-23 -2016 Council Agenda Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the Regular Meeting of August 9, 2016. (J. Kessel /B. Dennis) 2. Excused Council Absences — Consideration and /or action excusing City Council Member absences for the following date: August 9, 2016. . (B. Dennis /Mayor /Council) 3. Appointments /Reappointments and Resignations to the various City Boards, Commissions and Committees — Consideration and /or action regarding ratifying the resignations of Mr. Larry Franklin and Ms. Debbie Perrone and the appointment of Mr. Roy Ragsdale and Mr. John Sullivan to the Transportation Safety Advisory Board. (Mayor /Council /B. Dennis) 4. Resolution No. 16 -R -66 — Consideration and/or action approving a Resolution authorizing a contract with Icon Enterprises, Inc., dba CivicPlus for Website Migration and Hosting services. (B. James /M. Clauser) Discussion and Action Items 5. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing regarding the adoption of the FY 2016 -17 Budget. (First required public hearing) (J. Kessel/J. PH Walters) 6. Public Hearing on Proposed Tax Rate — Conduct a public hearing regarding the adoption PH of the FY 2016 -17 Tax Rate. (First required public hearing) (J. Kessel /J. Walters) 7. Ordinance No. 16 -S -31 — Conduct a Public Hearing and consideration and/or action PH approving an Ordinance imposing a moratorium on property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western boundary of the City Limits. First Reading (B. James/B. James) 8. Ordinance No. 16 -S -28 - ZC2016 -006 - Conduct a Public Hearing and consideration and /or PH action approving an Ordinance on a request to rezone approximately 14 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District, Light (M -1) to Agricultural District (AD). The property is specifically described as 1317 acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood/B. Cox) 08 -23 -2016 City Council Agenda Page - 2 - 9. Ordinance No. 16 -S -25 — Conduct a Public Hearing and consideration and/or action approving an Ordinance on request to rezone approximately 11 acres of land generally PH located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential -1 (R -1) to Planned Development District (PDD). The property is specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox) 10. Ordinance No. 16 -S -27 - Conduct a Public Hearing and consideration and /or action approving an Ordinance regarding an amendment of Part III, Schertz Code of Ordinances, PH Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation. First Reading (B. James /B. James) 11. Resolution No. 1.6 -R -67 — Consideration and/or action approving a Resolution authorizing a Professional Services Agreement with Jackson A &E Associates Inc. (J. Kessel /B. James) 12. Resolution No. 16 -R -68 — Consideration and /or action approving a Resolution adopting Philosophy and Policy Statements as it relates to Roadway Stewardship and a Balanced City. (J. Kessel /J. Kessel) Roll Call Vote Confirmation Executive Session 1.3. City Council will meet in closed session under section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial . or other incentive to a business prospect. • Project E -023 1.4. City Council will meet in closed session under Texas Government Code Sec. 551.071, Consultation with Attorney and Sec. 551.074. Personnel matters to hear a complaint against the Mayor. Reconvene into Regular Session 13a. Take any necessary action based on discussions held in closed session under Agenda Item number 13. 14a. Take any necessary action based on discussions held in closed session under Agenda Item number 14. Roll Call Vote Confirmation 08 -23 -2016 City Council Agenda Page - 3 - Requests and Announcements 1.5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 16. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 17. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adiournment 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 19th DAY OF AUGUST, 2016 AT 4:45 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Pwe"R Devuvl,i s Brenda Dennis, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2016. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. if you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. 08 -23 -2016 City Council Agenda Page - 4 - The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Fowler — Place 1 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Schertz Housing Board Liaison Investment Advisory Committee Randolph Joint Land Use Study (JLUS) Executive TIRZ II Board Committee Schertz Seguin Local Government Corporation Councilmember Azzoz — Place 2 Councilmember John — Place 3 Animal Control Advisory Committee Lone Star Rail District Sweetheart Advisory Committee Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation. 08 -23 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: City Secretary Minutes The City Council held a Regular Meeting on August 9, 2016. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of August 9, 2016. Regular Meeting of August 9, 2016. MINUTES REGULAR MEETING August 9, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 9, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Pro -Tern Edwards Councilmember Grumpy Azzoz Councilmember Robin Thompson Councilmember Jim Fowler Councilmember Daryl John, Staff Present: City M, Executive Director Brian James Executi City Attorney Charles Zech City SQ1 Assistant to the City Manager Sarah Gonzalez Mayor Carpenter was absent. Cali to Order — City Council Regular Session Mayor Pro -Tern Edwards called the (Councilmember Fowler) Councilmember Fowler ,provide+ flags of the United States and the Pro -Tern �d the foll at 6:01 p.m. opening of Texas. 1 Wait by the pledges of allegiance to the Events (B. James /D. Wait /S. Gonzalez) Assistant to the City Manager Sarah Gonzalez who • Thursday; August 11, Schertz Community Budget Meeting, Corbett Jr. High 'School, 12000 Ray Corbett Drive, 6:30 p.m. • 'Thursday, August 11, Fit Camp Thursday, 420 Schertz Parkway 7:00 p.m. to 8:00 p.m. free event, kids are welcome. Bring your towel and water. Contact Annett Moore at 210 848 -8012 and the information is available on The Chamber's website. • Saturday, August 13, Kids and Pottery Night, Mattenga's Pizzeria, 6044 FM 3009. 5:00 p.m. to 8:00 p.m., kids make their own pizza and painting a small pizza plate. $25.00 admission, RSVP to Mattenga's Pizzeria or Color Clay Studio. • Tuesday, August 16, The Chamber Monthly Luncheon, Schertz Civic Center, 1400 Schertz Pkwy, 11:30 a.m. 08 -09 -2016 Minutes Page -1- VA • Wednesday, August 17, Schertz Community Budget Meeting, Community Center North, 3501 Morning Drive, 6:30 p.m. • Thursday, August 18, Schertz Community Budget Meeting, Schertz United Methodist Church, 3460 Roy Richard Drive, 6:30 p.m. • Friday, August 19, Senior Center Boogie Disco Dinner Dance, Schertz Civic Center — Bldg. #5, 1400 Schertz Pkwy, 6:00 -10:00 p.m. Reminder for Election filing for a place on the ballot continues through Monday August 22, 2016 by 5:00 p.m. for the General Election and Thursday, August 25, 2016 by 5:00 p.m. for the Special Election. For more information, go to www.schertz.ceari and click on the Election Banner. Ms. Gonzalez also announced that the Parks canopy pruning on the big pecan tree by the C found some degradation in the core of the tr company come out and look at it and it was detc is essential to life safety to the general public "4 daily basis. Because of this, the tree is going to 1 • Announcements and recognitions by City Manager (J Mayor Pro -Tem Edwards recognized Ci received a very nice card from Mr. Doan him during his recovery. He seems to be d, a • Presentation and di Mayor Pro-Ti a PowerPoint far. merit recently was performing some lication Tower by Building #1. They because of this they had an arborist that we needed to remove the tree as it )loyees that are using the, facility on a John Kessei: who stated that the City thank ypu for all the support given to apliment different staff members. It's one this ,nt out to Brenda Dennis and Donna Schmoekel. far as a large number of councilmember places g ~very smoothly. There are a large number of filed and others who have picked up forms and to say thank you at this time to them both. This of the FY 2016 -17 Proposed Budget. (J. Kessel/ J. Walters) recognized Assistant Finance Director James Walters who provided with the following highlights: FY2016 -17 Proposed Budget — Budget Goals: • Balanced Structurally • Conservative and Responsible • Follows Financial Policies • Maintains Current Service Levels • Focuses on priorities 08 -09 -2016 Minutes Page - 2 - Management Practices: • Focus on priorities - Maintain appropriate fund balance • Team Input - Departments, Council, and Citizens • Forward Looking - Planning for future revenues & expenses - Consider Project schedules - 5 Year Forecast - Long Term Debt Model Key City 5 Year Goals 2015: • Building Repairs • Fire Station 3 • Compensation Study • Bond Election • Strategic Staffing Levels • Focus on Completing Existing Programs • Maintain Reserves Budget Highlights: • Clas Fire Nato 3 Ac IT E ing Capital Projects: Additional $8 Million in bonds proposed to be issued in January 2017 for: $3.75 million Roadway Maintenance & Municipal Buildings Update $ .25 million" Park & Trails improvements nd $4 million= 2 half of Fire Station 3 funding Budget 101: • Funds • Accounts • Reserves (Fund Equity, Fund Balance, Retained Earnings) • Restricted Revenues 08 -09 -2016 Minutes Page - 3 - All Funds — Revenues: General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund Drainage Fund Hotel Tax Park Fund Tree Mitigation Capital Recovery Water Capital Recovery Sewer I &S Fund Other Funds SEDC PEG Fund Water & Sewer EMS Fund Drainage Fund Hotel. Tax Park Fund $28,524,850 130,350 113,300 20,594,058 9,044,267 1,148,200 611,452 155,000 142,000 1,040,600 $28,51.6,699 130,350 1.08,600 20,574,656 8,928,351 1,122,764 260,995 1.55,000 08 -09 -2016 Minutes Page - 4 - Tree Mitigation 142,000 Capital Recovery Water 156,000 Capital Recovery Sewer 235,500 I &S Fund 6,614,581 Other Funds 33,750 SEDC 2,062,617 Grand Total $69,041,863 Fund Balance /Equity: FY 2016 -17 E Estimated Beginning N Net Change B Budgeted Ending Balance Balance General Fund $ $4,,295,054 ( ($35,127),] $ $9,259,927 ......... ....... Special Events Fund 5 55,8251 ( (10,750) 4 45,075 �..,.,., .. .,,,.. m,�:.r.. � 574,07,5,," 4 �.,, . .... ............. ..........,, ... #., . .....,, ,.,.,: _ ................................ ... .... ,r, :i .. . ... ......... . ...................... Water & Sewer Fund x ............ .. .... .... ,.: . w .., .....,_ ......... - .. � � ........ a ., .. ....... „fi ............. . ..,,. 6,933,200 Capital Recovery- Sewer 1 1,807,401 3 390,000 2 2,197,401 w, . .,. ... ... , e ............ . .. 25,436 i 1 .......... e e, EMS Fund 2 2,095,322 104,916 2 2,200,238 ........................... ..............................i ........................................................... Library Fund ....................................................... . ...................................................................... 68,557 ... ............................................................................................................................................................. 1,060 i. 69,617 Historical Committee 10,004 0 m 10,004 " � n,mm ...... m _ ALL FUNDS mrz..., m... $37,945,254 $2,460,777 $40,406,031 ' General Fund Revenues: Property Taxes Sales Taxes Fund Transfers Fees /Fines /Other Tax Franchises Permits & Licenses Inter - Jurisdictional $ 11,288,881 Tax, 26% is Sales Tax, 9% is Fund Transfers, 8% is is miscellaneous. These make up the General Fund $ 6,973,937 Internal Service 4,883,61.5 Police 6,956,312 Fire Rescue 3,961,060 08 -09 -2016 Minutes Page - 6 - Inspections 638,929 Marshal Service 503,837 Streets 1,133,776 Parks & Recreation 1,814,217 Library Animal Services Environmental Health Total Expenses $2 Mr. Walters stated that 27% is Genera 14% is Fire Rescue and the other perc Government is for City Manager, Ci Secretary, Non - Departmental, Records Assistance and Court restricted funds. Fleet & Facilities. Revenues $ 28,524,850 21;5 "16,699 $ 8,151 $ 9,295,054 $ - 43,278 $ 9,259,927 $ 6,932,747 38,000 Large Expanded Programs (over 10,000) 08 -09 -2016 Minutes Page - 7 - Police, 14% is Internal Service, eneral Fund Expenses. General iurrt, 311, P &Z, Legal, City oz 'Pales, Engineering, GIS, City ', HR, Finance, Purchasing and 480,000 Natatorium Opening 80,000 Patrol Officer 1.3,000 Scheduled Part Time Employee Holiday Pay 08 -09 -2016 Minutes Page - 8 - n r o_d-% mn III lro 08 -09 -2016 Minutes Page - 9 - 8, ,0y0 $7,000,00U0 $6,000,000,00 $5,000,000,00 $4,000,000,00 $3,000,000,00 $2,000,000,00 $1,000,00am General Fund Expense Historic Sales Tax: 2008 200,9 2010 2011 2012 2 ■ Actual 111Projected FY2014 -15 FY2(115 -16 Actual Estimate $6,872,306 $7,101,364 +3.3 % IMMULIVIVIIIWIMITIMEW1 2015 20:16 2017 +4% FY2016 -17 Budget $7,385,419 25,29'3,887 28,516,669 29,837,859 30,719,131 31,752,872 32,883,265 08 -09 -2016 Minutes Page -10 - 25% Goal 6,233,322 7,105,737 7,435,715 Over/Under 3;Ub158 ;14;04 x;644,545 Long Term Debt • For I S, F, • Purnn�e' on a 7,676,033 7,913,218 8,182,066 vehicles. Includes: Salary survey :tween 3 and 5 employees added the same ratio. study action hout all years yees (not including Firefighters) each year 5 Year Summary — I &S Fund: • At I &S Rate of $0.1743: - Includes $15 million bond package from elections in 2015 - Includes additional CO Bonds for infrastructure - Rate could fluctuate based on the actual growth of the tax base and the results from the bond election but at a reduced rate due to the model. 08 -09 -2016 Minutes Page - 11 - Mr. Walters provided the chart below which is a graph of Debt Service: ?�4LOLAU"Umi $8,0oo"000 $7,Ouj,(X')O $6,000,000 555,000,000 $4,0091000 $3,000,000 $2,00G,000 $1,000,000 51 115666ral FUnd D�6bt Strvice 2016 2017 2018 2019 2020 2021 20,22 2023 20,24 2016 Property ,V,,41ues: 21,2016 02019 EM Rollback: Current: Proposed Max: 08-09-2016 Minutes Page -12 - Is a calculated maximum rate allowed by law without voter approval. The rate currently adopted by the City. The maximum rate set at which the final adopted rate cannot exceed. Tax Rate: Effective: $0.4803 Rollback: $0.5080 Current: $0.4911 Proposed Max: $0.4911 Proposed budget is balanced at this rate $0.01 is equal to $325,598 revenue or $20.00 on the average Home. Target Tax Rate: Tax Current Proposed Rate Maximum M &O $0.3159 $0.3168 I &S $0.1752 $01743 Total $0.4911 $0.4911 Staff recommends . Coun 08 -09 -2016 Minutes Page -13 - For date to To pay the $1 ,250 erations 2016 Tax Bill = $982.20 Home value of later on during the agenda setting the 2016 Property Taxes 11 11 11 1 1 1 11 08 -09 -2016 Minutes Page -14 - El SA River Auth Im Un iv Health System El Road College County School Em City of Schertz Historic Tax Rates — Total 08-09-2016 MinUcs Aw - 15 - . . . . � � Historic Tax Rates — Total 08-09-2016 MinUcs Aw - 15 - SEE Public Hearing Dates: August 23, 2016 and August 20, 201 Mr. Walters FY2016 -17: Mr. Walters website. Hearing of Residents No one spoke. Consent Agenda Items the Budget Calendar for set the preliminary tax rate, and schedule public hearings ludget presentation — Corbett Jr. High School y Budget presentation — North Community Center Budget' presentation — Schertz United Methodist Church budget and the PowerPoint presentation can be found on our 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. 08 -09 -2016 Minutes Page -16 - I . Minutes — Consideration and/or action regarding the approval of the minutes of the Special Meeting of July 29, 2016 and the minutes of the Regular Meeting of August 2, 2016. Q. Kessel /B. Dennis) 2. Excused Council Absences — Consideration and/or action excusing City Council Member absences for the following date: August 2, 2016. (B. Dennis /Mayor /Council) Mayor Pro -Tem Edwards recognized Councilmember Azzoz who moved, seconded by Councilmember Fowler to approve consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, zzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 3. Resolution No. 16 -R -62 — Consideration and/or action approving a Resolution authorizing an agreement for Provisions of Professional Servid ,6s between the City of Schertz ',and the Schertz Economic Development Corporation. (J. Kesset/ ,"Kinateder The following was read into record: As past of our regular operations for many years, the SEDC has transferred funds to the City of Schertz for expense's that related to the SEDC and our mission. The Service Agreement formalizes the transfer of funds by detailing the specific services that will be provided to the SEDC by the ity of chertz. The services include: providing administrative staff (Executive Director, Business Retention Manager, Marketing and Recruitment Manager, and Executive Assistant) and 'support (Human Resources, IT, Payroll, City Management, City Secretary, etc.), managing ' financial records, preparing the budget, and providing office space. The amount of the Service Agreement was determined during the budget period for the Personnel Services and Interfund Charges -Admin accounts. Going forward, the Service Agreement will be renewed annually in connection with the annual budget process. The total amount of the Service Agreement is $430,445.00 for the FY 201.6 -1.7 budget. The funds will be transferred from the SEDC to the City of Schertz in two equal transfers on October 1, 2016 and April 1, 2017. The funds will be distributed to the Personnel Services and the Interfund Charges -Admin accounts. 08 -09 -2016 Minutes Page - 17 - The SEDC Board of Directors met on July 28, 2016 at their regular board meeting to consider, discuss and act on the Agreement for Provision of Professional Services between the City of Schertz and the Schertz Economic Development Corporation and to make a recommendation the City Council to authorize the funds in connection with the agreement. A motion was made by Mr. Macaluso and seconded by Ms. Kiser to approve the Provision of Professional Service and to recommend that the City Council authorize the expenditures without contingency. Staff answered questions and recommended approval. Mayor Pro -Tem Edwards recognized Councilmember Azzoz , who, moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R76. The vote was unanimous with Mayor Pro-Tern Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Mayor Pro-Tern Edwards moved to Item 5. 5. Resolution No. 16 -R -64 — Consideration andlo action approving a Resolution authorizing the pursuit of a "Power UP" Grant from the Gaatalupe Valley Electric Cooperative, Inc., to fund Restrooms at the Playscape in Schertz, Texas: (B., James /C: VanZandt) The following was read into 190013Ra91 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE, PURSUIT OF ,'A "POWER UP" GRANT FROM THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO FUND RESTROOMS AT THE PLASCAPE IN SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION )r P 4 -Terp I Edwards recognized' Parks Director Chuck VanZandt who stated the new cape near, the Library'nd Recreation Center has proven to be a very popular destination children, parents; and grandparents. It was even mentioned in the August issue of San no Magazine in, an, article about Schertz as being a great place for families to live. While estrooms at the library are available to the pubic during most of the hours that the cape is also commonly used, there are times (particularly during the evening and on ends`),that the librav is closed with no access to the restrooms. Staff has received numerous comments from parents and grandparents identifying the need for permanent restroom facilities at the Playscape. In addition, the Parks Advisory Board has indicated that construction of permanent restroom facilities on site is their number one priority in response to public input. The goal is to obtain $20,000 in funding through a grant from GVEC to help offset the cost of construction of a permanent restroom facility near the Playscape. The estimated cost of the restroom construction is between $120,000 and $1.40,000. In addition to seeking this grant, staff anticipates asking the Parks and Recreation Foundation to provide some funding. Staff recommends that Council approve this request to pursue funding from GVEC to help fund the 08 -09 -2016 Minutes Page - 18 - restroom facility near the Playscape. Mr. VanZandt addressed questions from Council and recommended approval. Mayor Pro -Tem Edwards moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -64. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 4. Resolution No. 16 -R -63 - Property Tax Rate — Consideration and /or action approving a Resolution taking a Record Vote on setting the Preliminary Maximum Tax Rate for FY 2016- 17 and Scheduling of Public Hearings on the proposed FY 2016 -17 Budget and Tax Rate. (J. Kessel /J. Walters) Mayor Pro -Tem Edwards recognized Assistant Finance director James Walters who stated as presented in the above Workshop presentation staff is recommending a p 'reliminary maximum property tax rate of $0.4911 per $100 which is the same overall rate as for,thc 2015 Tax Year, and schedule two Public Hearings for August, 3, 2016 and August 30, 2016,+ Final adoption vote is scheduled for September 6, 2016. Mayor Pro -Tem Edwards recognized Councilmember Thompson to apro` maximum tax rate of $0.4911 and scl August 30, 2016 with the final adoptii unanimous with Mayor Pro -Tem Ed Thompson voting for and no one voth Mayor Carpenter recognid City agenda items 1 through 5. 6. Atmoluncements by ouncilmembcr Azzoz who moved, seconded by Resolution No. '16 -R -63 setting the preliminary ule two public hearings for August 23, 2016 and vale; to occur September 6, 2016. The vote was irds,' Councilmembers Fowler, Azzoz, John and • ' Citizen Kudos • Recognition of City employee actions • New Fietaartm ntal initiatives No further announcements were made. who provided the roll call votes for 7. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 08 -09 -2016 Minutes Page -19 - Mayor Pro -Tern Edwards recognized Councilmember John who requested an update on the License Plate Readers. Mayor Pro -Tern Edwards also recognized Councilmember Thompson who requested information on whom to contact to remove the weeds and high grass that is growing along our new sidewalks on FM 3009. 8. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Pro -Tem Edwards recognized Councilmember Thompson who commended the City staff on the recent Pre - budget retreat. He stated they did an excellent job, excellent presentation, and had good visuals regarding the-street department in demonstrating how to do certain road repairs. The multi -hour discussion that led to a, very good strateg ,9f philosophy he thought the City staff did a very good job and should be 6mmended on this. Adiournment 08 -09 -2016 Minutes Page - 20 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Mayor /Council Subject: Excused Council Absences — Consideration and/or action excusing City Council Member absences BACKGROUND Per the revised Charter approved by voters on November 3, 2015, regarding Council absences, Section 4.06 (3) Vacancies, Forfeiture, Filling of Vacancies, "Failure to regularly attend City Council meetings without an approved absence obtained by a majority vote by City Council either before or after the absence. There shall be a presumption of failure to regularly attend when three (3) regular meetings are missed during a term year without obtaining an approved absence from City Council." An affirmative vote of a majority of Council approving the Council's absences is required for the following: 8 -9 -2016 Regular Council Meeting FISCAL IMPACT None RECOMMENDATION Mayor Michael Carpenter Staff recommends Council approve the absence as listed above. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: BACKGROUND City Secretary Boards, Commissions and Committee Member Resignations and Appointments The City Secretary's office has received resignations from Mr. Larry Franklin and Ms. Debbie Perrone of the Traffic Safety Advisory Commission (TSAC). FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignations of Larry Franklin and Debbie Perrone. Staff also recommends Council move and ratify the appointments of current alternate member Roy Ragsdale to a regular member and John Sullivan as an alternate member. This information has been vetted to the Interview Committee who concurs with staffs recommendation. ATTACHMENTS Resignations: Larry Franklin Debbie Perrone Application: John Sullivan Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Info Tech Subject: Resolution No. 16 -R -66 — A Resolution by the City of Schertz authoring Approval of contract with Icon Enterprises, Inc, dba CivicPlus for Website Platform Hosting, Development Services 1 11 Ax" X" till The City of Schertz has been providing web -based content to the residents and local community through its various website platforms for many years. These websites are currently hosted, updated, secured and managed by the IT Dept., Public Affairs and others. The current platform represents an ongoing security challenge for the IT staff and needs constant monitoring and updating to maintain security and viability. The IT Dept., in conjunction with the Public Affairs Dept. has reviewed several options and recommend that the City enter into a contract with Icon Enterprises, Inc., dba CivicPlus to provide offsite hosting services for the City's main website, Schertz.Com, along with necessary development and design services to migrate content to the new platform. The vendor will also provide training, backup services and ongoing security management for the Schertz.com website. The contract provides for an additional years of support as well, with automatic renewal for hosting and support after the 1st year. GOAL To provide a more responsive, secure and manageable web platform for the City's primary web site, Schertz.com. COMMUNITY BENEFIT This will provide the residents and local community with a more modern, secure web portal for obtaining information and interacting with various City departments. This service will also provide a more robust platform for delivery of web -based services in the future, as well as providing scalable levels of service over time as the City's web -based services needs grow. Staff recommends that Council authorize staff to enter into a contract with Icon Enterprises, Inc, dba CivicPlus in the amount of $37,449.00. 50077367.2 FISCAL IMPACT Funds for this project will come from the IT budget (853 - 532355) for the current FY and will be part of the IT Dept.'s annual budget request for subsequent years. Breakdown as follows: Year I - $32,239 — Development, training, migration services, first year of support Year 2 — $5,210 - Hosting and support fees ATTACHMENTS Resolution 16 -R -66 Master Services Agreement — Icon Enterprises, dba CivicPlus Exhibit A.1 CivicPlus Statement of Work #1 Addendum l to Exhibit A.1 — Project Development Division of Work Addendum 2 to Exhibit A.1— Modules and Functionalities Addendum 3 to Exhibit A.1 — Redesign Details Addendum 4 to Exhibit A.1 — Renewal Term Annual Services 50077367.2 RESOLUTION NO. 16 -R -66 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH ICON ENTERPRISES, INC., DBA CIVICPLUS FOR WEBSITE MIGRATION AND HOSTING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") has an ongoing need for upgrading its web presence, and the City desires to purchase these services from Icon Enterprises, dba CivicPlus pursuant to the terms and conditions of the TIPS /TAPS buy board Agreement; and WHEREAS, Subchapters D and F of the Chapter 271 of the Local Government Code authorizes cities to participate in cooperatives with the state or local governments for the purpose of procuring good and services; and WHEREAS, the City Council authorizes City Staff to request additional services by Icon Enterprises, dba CivicPlus in an amount not to exceed $37,449.00. THAT: Section 1. The City Council hereby authorizes expenditures with Icon Enterprises, dba CivicPlus not to exceed $37,449.00 for the remainder of Fiscal Year 2015 -2016. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of August, 2016 ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor -2- Service & License Agreement Contract Information Contact Information no Street Address Address City State Postal Code CivicPlus provides telephone support for all trained clients from 7am —7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current Postal City ST Postal Code Exempt # Account Billing Terms ADOU@l Rep Info Required on Invoice (PO o, Job #) Contract Contact Email Phone Ext. Fax Project Contact Email Phone em. Fax QvicPus^302G.*m Street, Suite 58O^ Manhattan, mGOo5Uu^vnww.QvicP|uaoom Toll Free 8a8-2z8-u233^ Accounting Ext. 291^Support Ext. 3Vr^ Fax r85-5Or-8S51 Cp Master Services Agreement for Schertz, TX THIS Master Services Agreement ( "Agreement ") is agreed to by and between Icon Enterprises, Inc., d /b /a CivicPlus ( "CivicPlus ") and Schertz, Texas ( "Client ") (jointly, "Parties ") and shall be effective as of the later date of signing indicated at the end of this Agreement ( "Effective Date "). RECITALS WHEREAS, CivicPlus is engaged in the business of developing, marketing and selling custom community engagement platforms that include web sites, web interfaces and portals and a proprietary government content management system and associated modules; in addition to project development, design, implementation, support and hosting services; WHEREAS, Client wishes to engage in a relationship with CivicPlus for website development and hosting services; WHEREAS, Client and CivicPlus have agreed to alter certain terms as set forth in the Agreement by this written instrument duly executed by the Parties, the modification of terms as specified in this Agreement. NOW, THEREFORE, Client and CivicPlus agree as follows: Term & Termination 1. The term of this agreement shall be the later of 1 year from the Effective Date or the termination or expiration of any associated Statement of Work ( "SOW "). 2. Either Party may terminate this Agreement or any associated SOW at the end of the Agreement term by providing the other Party with 60 days' written notice prior to the contract renewal date. 3. Unless terminated by either Party pursuant to Section 2, this Agreement will renew another 1 -year term. 4. Notwithstanding the above, in the event this Agreement or any SOW is terminated, any outstanding invoices for Project Development shall become due in full and any outstanding Annual Services shall be prorated from the beginning of the renewal term to the date of termination. Statements of Work 5. CivicPlus agrees to perform services and /or produce deliverables in accordance with the Statement(s) of Work in consideration of the fees described in the same Statement(s) of Work. Multiple and successive Statement(s) of Work may be may be entered into hereto. Such Statement(s) of Work are incorporated into this Agreement by reference and subject to the terms & conditions contained herein pursuant to Section 23. Invoicing & Payment Terms 6. Invoices shall be sent electronically in the manner described in the relevant Statement of Work. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. 7. Payment shall be due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent ( %) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 8. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this Agreement assumes such perpetual permission. 9. If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Ownership & Content Responsibility 10. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable /exportable data, and all archived information relevant to the work and deliverables of the given SOW). 11. Upon completion of any SOW Project Development, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 12. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time - sensitive, such as calendar or blog content, in any project. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. MSA.03.01.16 -0000 MSA Page 1 of 3 Cp Master Services Agreement for Schertz, TX Intellectual Property & Ownership 13. Intellectual Property of the CivicPlus Government Content Management System (GCMS®) will remain the property of CivicPlus. 14. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet "links" to the GCMS® software or "frame" or "mirror" any GCMS® administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS® software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification 15. To the extent permitted by the law of Client's state, Client and CivicPlus shall defend, indemnify and hold the other Party harmless, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, liabilities, damages, f expenses including attorney's of • without limitation, with the operations of and installation of software contemplated by this Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of either party. Liabilities 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed /contracted on the Client's behalf. 18. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end - users' Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end - users' Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data. 19. User logins are for designated Users and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User's passwords and user names. Client will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Client Data, and all other data of any kind contained within emails or otherwise entered electronically through the GCMS® software or under Client's account. CivicPlus will act as though Client will have sent any Electronic Communications it receives under Client's passwords, user name, and /or account number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of the GCMS® software and shall promptly notify CivicPlus of any unauthorized access or use of the GCMS® software and any loss or theft or unauthorized use of any User's password or name and /or user personal information. 20. Client shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use of the GCMS® software. Force Majeure 21. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. Taxes 22. It is CivicPlus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax - exempt, the Client must provide CivicPlus proof of their tax - exempt status, within fifteen (15) days of contract signing, and this agreement will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. MSA.03.01.16 -0000 MSA Page 2 of 3 Cp Master Services Agreement for Schertz, TX Other Documents 23. The following are to be attached to and made part of this Contract: a. Exhibit A - Statement(s) of Work. 24. In the case of any conflict between the terms of this Agreement and any incorporated documents, such conflicts shall be resolved will the incorporated documents taking the following order precedence: a. This Master Services Agreement; b. Exhibit A - Statement(s) of Work in descending order of execution (for example, the most recent SOW will control over other in the event of a conflict in terms). Interlocal Purchasing Consent 25. This Agreement and any attached SOWs may be extended to any public entity in the State of Texas to purchase at SOW prices in accordance with the terms stated herein. Miscellaneous Provisions 26. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 27. No amendment or change to this Agreement or any included SOW shall be effective unless by a written instrument executed by each of the Parties. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions of this Agreement. Client Date CivicPlus Date CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. MSA.03.01.16 -0000 MSA Page 3 of 3 C p Exhibit A.1 for Schertz, TX Exhibit A.1 CivicPlus tats rat of r 1 All Quotes are in US Dollars and Valid for 30 Days from Auqust 4, 2016 Annual Services (Continuing GCMS® Enhancements, Maintenance, Support and Hosting) $5,210 Billed 12 months from SOW sipninp; subject to annual 5% increase year 3 and beyond 1. Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between Client and CivicPlus, to which this Statement of Work #1 (SOW #1) is hereby attached as Exhibit A.1. 2. This SOW #1 shall remain in effect for an initial term of one year (12 months) from signing. In the event that neither party gives 60 days' notice to terminate prior to the end of the initial or any subsequent renewal term, this Agreement will automatically renew for an additional 1 -year Renewal Term. 3. The Total Fees Year 1 will be invoiced at the completion of the following phases as defined in Addendum 1 to this SOW #1: a. Completion of Phase 2: Website Layout — one half of the Total Fees Year 1. b. Completion of Phase 4: Customized Website Training — the remaining half of the Total Fees Year 1. 4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years. Annual services, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 4 to this SOW #1 and shall be subject to a 5% annual increase beginning in Year 3 of service. 5. After thirty -six (36) months of continuous service, Client is entitled to a no -cost redesign, details noted in Addendum 3. Redesigns that include additional features not available on the original website may be subject to additional charges. Additional features include, but are not limited to, additional modules and integration of third -party software. 6. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee. Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client Date CivicPlus Date CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. PD 06.01.2015 -0048 Exhibit A.1 Page 1 of 4 :. ; j. ' d. , 1 to Exhibit A.1 - Proiect Develoment Division of Work Deliverable: Project Timeline, training jump start information, online forms, kick -off meeting CivicPlus will: • assign a project manager to this project • conduct a Project Kick -off to review awarded contract • establish communication plan for the duration of the project effort • work with Client to identify all key internal and external project stakeholders • develop project timeline • provide access to CivicPlus University (online training manuals, videos and other resources) for the Client staff Phase 1: Website Optimization Deliverable: Website Optimization Meeting CivicPlus will: • communicate status to Client, key stakeholders and personnel via emails or phone calls as needed • review the goals and expectations submitted on the forms Client completed to ensure Client needs are clearly understood • gather preliminary design data for use Client will: • complete the following prior to Phase 1: Website Optimization Form, Content Form, and DNS Worksheet • review and approve of project timeline within 5 business days • attend a kick -off meeting with key stakeholders or decision makers • if modifications are required after the review of the initial project timeline, Client has 10 business days to address the modifications and come to a consensus • approve the project timeline (limited to two reviews) prior to proceeding with the project • update the current primary live website content and delete any pages from the website that are no longer wanted or needed Client will provide: • statistics from the current website from the past 12 months (optional) • pictures to be used in the overall design of the new website • a list of all divisions and /or departments within the organization • a list of third -party and in -house developed applications presently being utilized on the current website • a site map or outline of the current website's navigational structure if possible • a list of any content on the current primary website that must remain as is (verbatim) because of legal requirements Phase 2: Website Layout Deliverable: Website grayscale layout and mood board color pallet presentation CivicPlus will: • present one custom layout in grayscale form and one mood board color palette based on the goals determined in the previous phase. The presented layout will show the placement of the navigation, graphic button and feature areas. The mood board will reflect the color and imagery that will represent the tone of the design • begin development of the website design upon layout and mood board approval V. PD 06.01.2015 -0048 Client will: • approve one layout and the mood board • review marketing packet material and guidelines • Website Layout billing milestone complete CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 Exhibit A.1 Page 2 of 4 C Exhibit A.1 for Gohortz, TX Phase 3: Website Reveal Deliverable: Website design and production website. civicPlus will: Client will: • present a fully functional website on a production e evaluate the website design and content and provide URL CivicPlus with feedback • migrate content pages to the production URL as 9 collaborate with CivicPlus on proposed changes described in Exhibit A. 1 Statement of Work. e revise the design according to the approved timeline • conduct a quality review of the website to ensure the e if revised design changes are requested after the functionality and usability standards are met design approval timeline date, the project's Go Live • work with Client to prepare for training date will be adjusted out (training and billing • migrate Agendas & Minutes in Microsoft Word.DOC milestones will remain as per approved timeline) or Adobe PDF format as described in Exhibit A. 1 o provide CivicPlus will all the necessary DNS items Statement of Work. identified for the website Phase 4: Implementation Training (See Exhibit A.1 Statement of Work for details) Deliverable: Train System Administrator(s) on GCMS@ Administration, permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will: Client will: • provided training to Client before the website goes e provide a location for training in Client with internet live access • train staff members based on internal daily tasks e provide computers for staff to be trained on and workflow o Phase 4: Training billing milestone complete • train staff members on how to use the GCMS@), update content pages and modules Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will: Client will: • address system issues and bugs that Client finds e test and update the final site as per approved timeline • redirect the domain name to the newly developed e notify CivicPlus on any system issues or bugs found in website as per approved timeline the website CivioPvs^3U2S. 4th Street, Suite nO0^ Manhattan, KS88oU2^wwwQvicPus.ovm Toll Free eouaoe-22on^ Accounting Ext. oo1^ Support Ext. oor^ Fax raa-58r*on1 V. PD 06.01.2015-0048 Exhibit A. 1 Page 3 of 4 C p Exhibit A.1 for Schertz, TX Addendum to Exhibit A.1 ® Modules & F nctl n litles Modules I Functionality • Agenda Center • Action Items Queue • Alerts Center & Emergency Alert Notification 0 Audit Trail / History Log • Archive Center 0 Automated PDF Converter • Bid Postings 0 Automatic Content Archiving • Blog 0 Dynamic Breadcrumbs • Business /Resource Directory 0 Dynamic Sitemap • Calendar 0 Expiring Items Library • Citizen Request Tracker TM (5 users) 0 Graphic Link Administration • Community Connection • Links Redirect • Community Voice TM 0 Menu Management • Document Center 0 Mouse -over Menu Structure • ePayment Center (NOTE: Requires additional fee as • Online Editor for Editing and Page Creation (WYSIWYG) a third -party service) 0 Online Web Statistics • Facilities & Reservations 0 Printer Friendly /Email Page • Frequently Asked Questions . RSS • Forms Center 0 Site Layout Options • Job Postings 0 Site Search & Entry Log • My Dashboard Slideshow • News Flash 0 Social Media Integration (Facebook, Twitter, Instagram) • Notify Me® email and 500 SMS subscribers 0 User & Group Administration Rights • Photo Gallery 0 Web Page Upload Utility • Quick Links 0 Website Administrative Log • Real Estate Locator • Spotlight • Staff Directory CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. PD 06.01.2015 -0048 Exhibit A.1 Page 4 of 4 C Exhibit A.1 for Gohortz, TX • New design for all items originally contracted for (main site, department headers and subsites) • Redevelop banner • Redevelop navigation method (may choose top drop-down or other options) • Design setup 'vvireframo • Redevelop graphic elements ofwmbaKe(Newefemh.FAQa. Calendar, eto.) • Project Management • Testing • Review • Content Migration — Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up (shortened or re-sectioned) • Site styles and page layouts will be touched so all pages match the new design and migrate cleanly • Spelling and broken links will bo checked and reported if unable tucorrect CivioPvs^3U2S. 4th Street, Suite nO0^ Manhattan, KS88oU2^wwwQvicPus.ovm Toll Free eouaoe-22on^ Accounting Ext. oo1^ Support Ext. oor^ Fax raa-58r*on1 V. PD 06.01.2015-0048 Exhibit A. 1 Page 5 of 4 C ;) Exhibit A.1 for Schertz, TX Addendum 4 — Hosting, Support and Service Level Agreement Hosting Details Data Center 0 Highly Reliable Data Center • Managed Network Infrastructure • On-Site Power Backup & Generators Multiple telecom/network providers • Fully redundant Network • Highly Secure Facility 24/7/365 System Monitoring Hosting Automated GCMS@ Software Updates • Server Management & Monitoring • Multi-tiered Software Architecture • Server software updates & security patches • Database server updates & security patches • Antivirus management & updates • Server-class hardware from nationally recognized provider • Redundant firewall solutions • High performance SAN with N+2 reliability Bandwidth Multiple network providers in place Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack) 22 Gb/s burst bandwidth Emergency After-hours support, live agent (24/7) • On-line status monitor at data center • Event notification emails Disaster Recovery Guaranteed recovery TIME objective (RTO) of 8 hours • Guaranteed recovery POINT objective (RPO) of 24 hours • Pre-emptive monitoring for disaster situations • Multiple data centers • Geographically diverse data centers DDoS Mitigation Defined DDoS Attack Process • Identify attack source • Identify type of attack • Monitor attack for threshold engagement CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CiviGPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03.01.16-0001 Addendum 4 Page 1 of 4 C p Exhibit A.1 for Schertz, TX Support and Maintenance Support Services CivicPlus' on -site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of CivicPlus' GCMS® and associated applications. The support team is available during these hours via CivicPlus' toll -free support number and e -mail. Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within two hours; action will be taken on e -mails within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24- hours -a -day for designated, named Client points -of- contact, with members of both CivicPlus' project management and support teams available for urgent requests. Emergency support is provided free -of- charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though Client may incur support charges for non - emergency requests during off hours (ie: basic functionality / usage requests regarding system operation and management). The current discounted rate is $175 /hour. CivicPlus maintains a customer support website that is accessible 24- hours -a -day with an approved client username and password. Service Escalation Processes In the event that CivicPlus' support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus' Client Care personnel. Client concerns /questions regarding GCMS® or associated application errors are reported to CivicPlus' technical team through CivicPlus' issue tracking and management system to be addressed in a priority order to be determined by CivicPlus' technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus' organization at the discretion of the customer support liaison. Included Services: Support Maintenance of CivicPlus GCMS® 7 a.m. — 7 p.m. (CST) Monday — Friday Install Service Patches for OS (excluding holidays) System Enhancements 24/7 Emergency Support Fixes Dedicated Support Personnel Improvements Usability Improvements Integration Integration of System Enhancements Testing Proactive Support for Updates & Fixes Development Online Training Manuals Usage License Monthly Newsletters Routine Follow -up Check -ins CivicPlus Connection Addendum 4 Page 2 of 4 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CiviGPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. SLA03.01.16 -0001 C p Exhibit A.1 for Schertz, TX CiviclPlus Service Level Agreement CivicPlus will use commercially reasonable efforts to make the GCMS® available with a Monthly Uptime Percentage (defined below) of at least 99.7 %, in each case during any monthly billing cycle (the "Service Commitment "). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the GCMS, was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). • "Unavailable" and "Unavailability" mean: • The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. • The Main page of the site returns a status other than 200 or 302 3 times in a row. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one -time payments such as upfront payments) for the given calendar month accordance with the schedule below. Uptime Percentage in Calendar Month Service Credit as Percentage of Monthly Fee 99.9% or Greater None 99.9% to 99.0% 3.5% 99.0% to 98.0% 7% 98.0% to 97.0% 14% 97.0% or less 20% We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non - performance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words "SLA Credit Request" in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains; and 4. Any documentation that corroborate your claimed outage. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS® performance issues: (i) that result from a suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and /or third party equipment, software or other Addendum 4 Page 3 of 4 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CiviePlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. SLA03.01.16 -0001 C p Exhibit A.1 for Schertz, TX technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from our suspension and termination of your right to use the GCMS® in accordance with the Client Agreement (collectively, the "SLA Exclusions "). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to make insure that in the event of a disaster that make the Primary data center unavailable (defined below) Client site will be brought back online at a secondary data center (the "Service Commitment "). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Datacenter availability" is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online in the event of a data center event. • Recovery Point Objective (RPO) the amount of data lost that is considered acceptable. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one -time payments such as upfront payments) for the month accordance with the schedule below. Recovery Time Objective Service Credit Percentage 8 Hours 10% of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10% of one month's fee CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CiviGPlus.com Toll Free 888 - 228 -2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785 - 587 -8951 V. SLA03.01.16 -0001 Addendum 4 Page 4 of 4 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Finance Subject: Presentation/Discussion and Public Hearing on the Proposed FY 2016 -17 Budget BACKGROUND In accordance with Section 102.006 of the Texas Local Government Code the City Council must hold a public hearing on the proposed budget for FY 201.6 -17. The first public hearing will be at the August 23, 2016 . regular session. A second public hearing will be conducted at the August 30, 2016 regular session. A copy of the proposed FY2016 -17 Budget can be found on line at www.schertz,com. A paper copy is available for view in the City Secretary's office as well as the Schertz Library. FISCAL IMPACT General Fund $28,516,699 Special Events Fund 130,350 PEG Fund 108,600 Water & Sewer Fund 20,574,656 EMS Fund 8,928,351 Drainage Fund 1,122,764 Hotel Tax Fund 260,995 Park Fund 155,000 Tree Mitigation 142,000 Capital Recovery -Water 156,000 Capital Recovery -Sewer 235,500 Tax I &S Fund 6,614,581 Library Fund 22,000 Historical Committee 11,750 SEDC 2,062,617 Total $69,041,863 City Council Memorandum Page 2 RECOMMENDATION After a brief presentation and discussion by Council, public hearing will be held on the proposed FY 2016 -17 Budget. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Finance Subject: Presentation/Discussion and Public Hearing on the Proposed FY 2016 -17 Tax Rate BACKGROUND At the August 9, 2016 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.491.1, per $1.00 of value, with the M &O rate at $0.3168 and the I &S portion of $0.1743. The proposed rate is not subject to rollback. In accordance with Chapter 26.05(4) of the State's Property Tax Code, a governing body must hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the Effective or Rollback Tax Rate. In this case the hearings are required as the proposed rate exceeds the effective rate. The first required public hearing will be at the August 23, 2016 . regular session. The second required public hearing will be conducted at the August 30, 2016 regular session. During the final tax rate adoption process Council can approve a lower rate at that time, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate is August 30, 2016 without calling special meetings. FISCAL IMPACT The proposed maximum rate maintains quality service to residents and businesses and provides growth in service offerings based on input staff received from Citizens and Council from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911 per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100 valuation. The M &O portion of the property tax rate will increase to $0.3168 from $0.3159 per $100 valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100 valuation. After a brief presentation and discussion by Council, public hearing will be held on the proposed FY 2016 -17 Tax Rate. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: BACKGROUND Development Services Ordinance No. 16 -S -31 — Conduct a public hearing and consideration and/or action approving an Ordinance imposing a moratorium on property development due to prevent a shortage of essential public facilities generally in the area from ITT -10 to approximately 2,000 feet North of Lower Seguin Road between FM ] 518 and the western boundary of the City Limits. First Reading (B. James /B. James) The Texas Local Government Code, Section 212 Subchapter E Moratorium on Property Development provides that in certain circumstances cities may impose a moratorium on property development in the event that there exists a demonstrated need to prevent a shortage of essential public facilities or a significant need for public facilities. In order to impose a moratorium certain notice and public hearing requirements must be met within a specified time frame. The imposition of the moratorium is based on written findings that provide evidence demonstrating the extent of the need beyond the estimated capacity of existing essential public facilities or a significant need for public facilities that is expected to result from new property development. As City Council is aware the City of Schertz is experiencing tremendous growth in southern Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph. Base operations present unique hazards as are outlined in the 2015 Joint Base San Antonio Randolph Land Use Study especially considering the bird strike hazard which Council adopted per Resolution 15 -R -96 that includes strategies and timeframes to mitigate these hazards. While the City is in process of planning for a Fire Station #3 in this area, the particular hazards from JBSA Randolph necessitate additional measures to ensure this hazard is mitigated. These hazards associated with JBSA Randolph operations and existing development patterns create a significant need for public facilities, in particular fire facilities. A failure to provide these facilities given the current land uses, zoning, and land use designations coupled with Base operations would result in an overcapacity of these facilities that are detrimental to the health, safety, and welfare of residents of Schertz. In order to impose the moratorium, Council must hold this public hearing, a public hearing must be held at the Planning and Zoning Commission on August 24, and again at City Council on August 30. This will allow the imposition of a moratorium for up to 120 days while the City City Council Memorandum Page 2 works to alleviate the problem of a lack of capacity of fire facilities in this area. Attached is the written report required by the Texas Local Government Code. Goal To achieve the goals and objectives of the City Comprehensive Land Plan including managing growth in a manner that allows services and facilities to keep pace with development including providing local emergency health facilities and fire protection throughout the community. Promoting the use of areas near Joint Base San Antonio Randolph that are sensitive to the recommendations of the Joint Base San Antonio Randolph Land Use Study including acknowledging the unique hazards posed in certain areas by Base operations. Community Benefit Prevent a shortage of essential fire facilities in the subject area given the current proximity of existing fire stations within the City of Schertz and the unique hazards in this area as a result of being within and near the Accident Potential Zones and Clear Zone of Joint Base San Antonio Randolph that would result in an overcapacity of public facilities and that would be detrimental to the health, safety, and welfare of the resident of the municipality. Summary of Recommended Action Staff recommends that Council approve Ordinance 16 -5 -31 on first reading. FISCAL IMPACT None 119 DEVINVI 10411111101117,174 1 [00 Approval of Ordinance 16 -5 -31 on first reading. ATTACHMENT Resolution 15 -R -96 Adopting the JBSA Randolph JLUS 2015 Ordinance 16 -5 -31 Written Findings Justifying the Need for a Moratorium Given the Significant Need for Public Fire Facilities ORDINANCE NO. 16-S-31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS IMPOSING A MORATORIUM ON BOTH RESIDENTIAL AND COMMERICAL PROPERTY DEVELOPMENT DUE TO A NEED TO PREVENT A SHORTAGE OF ESSENTIAL PUBLIC FACILITIES GENERALLY IN THE AREA FROM IH -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF THE CITY LIMITS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Schertz adopted the 2015 . Joint Base San Antonio Randolph. (JBSA Randolph) Joint Land Use Study (JLUS) by Resolution 15 -R -96, and WHEREAS, The JBSA Randolph JLUS outlines specific hazards to the areas around the base, particularly near the Clear Zones and Accident Potential Zones which are further exacerbated due to high bird strike hazards, type of aircraft and volume of operations, and WHEREAS, The 2015 JBSA Randolph JLUS identifies particular incompatibility issues due to conflicts with certain land uses and identifies incompatible land uses that were previously considered compatible, and WHEREAS, The hazards to the areas within Schertz posed by JBSA Randolph flight operations are unique to the areas around JBSA Randolph and require specialized training and equipment, and WHEREAS, The area in question is experiencing tremendous growth and development pressure and that development in the area is creating significant needs for fire facilities, and WHEREAS, The existing development regulations and ordinances are inadequate to prevent and overcapacity of municipal infrastructure and being detrimental to the health, safety and welfare in this area as is demonstrated by current response times and the number of permits issued around and in this area, and WHEREAS, Only by imposing a moratorium in this area can the City implement working plan for designing a new fire station and outlining needed equipment to deal with the hazard posed by flight operations in conjunction with implementing the strategies of the 2015 JBSA Randolph JLUS to reduce hazards, and WHEREAS, Section 212 Subchapter E of the Texas Local Government Code allows the impositions of a moratorium on property development on both residential and commercial property, and WHEREAS, the City Council has found per Exhibit A that evidence exists demonstrating that applying existing development ordinances or regulations and other applicable laws are inadequate to prevent the new development from causing the overcapacity of municipal infrastructure and being detrimental to the public health, safety, and welfare in this area, and WHEREAS, the City Council found evidence demonstrating that alternative methods of achieving the objectives of the moratorium are unsatisfactory, and WHEREAS, the City Council has found evidence of a working plan and time schedule to achieve the objectives of the moratorium, and WHEREAS, All required notices have been provided, and WHEREAS, on August 23, 2016, the City Council held a first public hearing and considered this ordinance for which notice was published, and WHEREAS, on August 24, 2016, the Planning and Zoning Commission held a public hearing to consider this ordinance imposing a moratorium, and WHEREAS, on August 30, 2016, . the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF SCHERTZ, TEXAS THAT: Section 1. 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 2. The City hereby adopts a moratorium on both residential and commercial property development due to a need to prevent a shortage of essential public facilities generally in the area from IH -10 to approximately 2,000 feet north of Lower Seguin Road between FM 1518 and the western boundary of the City Limits for 120 days. Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 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. Approved on first reading the 23rd day of August, 2016. PASSED, APPROVED AND ADOPTED on final reading the day of August, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) (CITY SEAL) Exhibit A Justification of a Moratorium on Both Residential and Commercial Development due to a Significant Need for Public Facilities Written Findings RESOLUTION NO. 15 -R -96 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING THE RANDOLPH JOINT LAND USE STUDY (JLUS); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") participated in the development of the Randolph JLUS through its membership on the Executive Committee and Advisory Committee: and WHEREAS, Joint Base San Antonio — Randolph is key in protecting our Nation's security and is an important economic engine contributing to the local and regional economies through annual payroll, annual expenditures, and value of jobs created; and WHEREAS, compatibility issues associated with the growing population and expansion of developed land within the City of Schertz and it's Extraterritorial Jurisdiction and the existing and potential future missions of Joint Base San Antonio Randolph are likely to increase; and WHEREAS, the goal of the Randolph JLUS is to protect the viability of current and future military training operations, while simultaneously guiding community growth, sustaining the environmental and economic health of the region, and protecting public health, safety, and welfare; and WHEREAS the City of Schertz played a critical role in the development of the Randolph JLUS and the City's input provided technical guidance relevant to the City's policies, regulations, culture and values; and WHEREAS the general public was instrumental in the development of the Randolph JLUS and strategies by providing their perspective and feedback; and WHEREAS the Randolph JLUS strategies incorporate a variety of actions that can be implemented to promote compatible land use and resource planning; and WHEREAS one important element of implementation of the strategies is establishment of the Randolph JLUS Implementation Task Force to work together to establish procedures, recommend or refine specific action for member agencies, and make adjustments to strategies over time to ensure the Randolph JLUS continues to resolve key compatibility issues through realistic strategies and implementation; and WHEREAS adoption of the strategies may require public input and engagement, input from City boards and commissions, and further action by City Council through the adoption of ordinances; and WHEREAS a key first step in prioritizing the strategies for evaluation as to how to appropriately implement the strategies is the adoption of the plan by the City of Schertz City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City Council adopts the JBSA - Randolph Joint Land Use Study as set forth in Exhibit A and directs City Staff to develop processes to evaluate and implement the strategies applicable to the City of Schertz as appropriate. 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 17th day of November, 2015. ATTEST: t - Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCH _ T , TEXAS Mayor Michael R. Carpenter 2 EXHIBIT A JBSA- Randolph Joint Land Use Study ON CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: 1 YXI OI Kei 1,0111►`17 Agenda No. 8 Planning & Community Development Ordinance No. 16 -5 -28 — Conduct a public hearing for consideration and /or action on a request to rezone approximately 14 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from Manufacturing District, Light (M -1) to Agricultural District (AD). The property is specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No. 175, City of Schertz, Comal County, Texas. (First Reading) CMH Homes, Inc. is requesting to rezone approximately 14 acres of land from Manufacturing District, Light (M -1) to Agricultural District (AD). They have indicated they plan to subdivide the property to create two buildable lots. The property is currently vacant and undeveloped. The public hearing notice was published in "The Daily Commercial Recorder" on August 1, 2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on July 15, 2016, prior to the Planning and Zoning Commission meeting that took place on July 27, 2016. At the time of this report being prepared, Staff received one (1) response in favor of the request. Goal CMH Homes, Inc. is requesting to rezone the approximate 14 acres tract of land from Manufacturing District, Light (M1) to Agricultural District (AD) in order to create two residential lots. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and the Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as Agricultural Conservation which is intended to preserve a rural /agricultural state. The Sector Plan recommends one of the character - defining elements for the Agricultural Conservation designation as residential and agricultural large -lots that are at least five (5) acres in lot size. • Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in conformance with the goals and objectives of the Comprehensive Land Plan for this area. The proposed Agricultural District zone states that it is intended as a base zoning district in areas designated as Agricultural Conservation on the future land use map of the North and South Schertz Sector Plan. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. The project is within the Green Valley Special Utility District's service area and the applicant is proposing onsite sewer system facilities for the two proposed lots. • Impact on Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the area the subject property is located in is currently predominantly rural in nature. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is predominately surrounded by undeveloped land and existing rural single - family residential uses. The proposed rezoning is compatible with the existing adjacent land uses. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on July 27, 2016 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the rezoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16 -S -28 ORDINANCE NO. 16 -S -28 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 14 ACRES OF LAND FROM MANUFACTURING DISTRICT, LIGHT (M -1) TO AGRICULTURAL DISTRICT (AD). WHEREAS, an application to rezone approximately 1.4 acres of land generally located 705 feet west of the intersection of FM 482 and Hubertus Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on July 27, 2016, . the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval of the rezone; and WHEREAS, on August 23, 2016 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Agricultural District (AD). 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 23rd day of August, 2016. PASSED, APPROVED AND ADOPTED on final reading the 30th day of August, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" FIELDNOTE DESCRIPTION BEING 1..:. 13,17 ACRE TRACT OF LAND SITUATED I. N THE: RAFAEL GARZA S?JRVKY No. 98, ABSTRACT No� 115, COMAL COUNTY, TEXAS AND BEING OF THE SAME TRACTS DESCRIBED AS A 5.00 ACRE TRACI' IN DOCUMENT NO. 201606013858 AND AS A 8.17 ACRE TRACT IN DOCUMENT NO. 201606013859, OFFICIAL PUBLIC RECORDS OF DO SEAL COUNTY, TEXAS, SAID 13.17 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; 1BECKIRIING, AT A FOUND Q-INCH IRON ROD SITUATED ON THE NORTHWESTERLY RIGHT OF WAY LINE OF FM 482 AT THE SOUTHERLY CORNER OF' THAT CERTAIN 0.344 ACRE TRACT OF LAND RECORDED IN VOLUME 321, PAGE 162, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS, FOR THE SOUTHEASTERLY CORNER OF SAID 0,17 ACRE, TRACT At-JD POINT OF BEGINNING HEREOF; THMNICE, ALONG THE, COMMON NORTHWESTERLY RIGHT OF WAY LINE OF FM 482 AND THE SOUTHEASTERLY BOUNDARY LINE OF SAID 8.17 ACRE AND 5.00 ACRE TRACTS OF LAND, THE FOLLOWING COURSES. S 40' 34' 16" W, A DISTANCE OF 457. 6B PEET TO A SET W INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "SHERWOOD SURVEYING" FOR A POINT HEREOF; S 440 4S' lb" W, A DISTANCE OF 136a05 FEET TO A FOUND v� INCH IRON ROD FX)R THE SOl"14HRUY CORNFR (-)I,' SATD 5.00 ACRE TRACT AND HEREOF; THENCE, N 29' 40' 48- W, ALONC THE COMMON NORTH EASTE RLY LI-NEB OP '( 'HAT CERTAIN 13.162 ACRE TRACT RECORDED DOCUMENT NO 990600451B, OFFICIAL PUBLIC RECORDS OF CXMAL COUNTY, TEXAS, THE SOUTHWESTERLY BOUNUARY LINE OF SAID 5.00 ACRE TRACT, A OISTANCE CA 1154 1 FEEf' TO A FOUNL) &I INC IRON ROD SITUATED IN THE COMMON SOUTHEASTERLY BOUNDARY LINE OF THAT CERTAIN 36,248 ACRE TRACI' RECORDED IN DOCUMENT NO. 201106011722, OFFICIAL PUBLIC RECORDS OF COMAL COUNTY, TEXAS, FOR THE, NORTHWESTERLY CORNER OF SAID 5.00 ACRE TRACT AND HEREOF; THENCE, Al,01',iG THE CC1M4'1Oil! SOUTHEASTERLY LINE OF SAID 36.248 ACRE TP,-Ar--,T AND NORTHWESTERLY LTNE OF SAID 5.00 ACRE AND 8.17 ACRE TRACTS, THE FOLLOWING CALLS: N 600 31' 22- E, A DISTANCE OF 31.31 FEE!' TO A FOUND 11-INCH IRON ROD; S 06' 52" E, A D7STANCE' OF 41.58 FEET TO A FOUND �i-INCH IRON ROD; I 1,,1, 590 101' 02" F1, A Dis,rANCF-,' OF' 509�34 FEEI' TO A FOUND °' NCH IRON ROD AT THE CORNER OF THAT CERTAIN 3.659 ACRE TRA(77 IRECORDED 1!1 141AJMF, "770, 444, 0Ff..,'1-CI1L PUBLI PE'CORDS OF- OVIAL THE NORTHEASTERLY CORNEr�R, (,)F- SAID f3.1'? All-FItE TRA",T AND HEREOF;' THENCE, S 300 25' 15 E, ALONG THE COMMON So UTHWf:,,STERTY IdtlE 01, SAID 3.659 ACRE TRACT, THE NORTHEASTERLY LINE OF SAID 0.344 ACRE AND 8.17 ACRE TRACTS. A DIS'I`A.NC�,E� OF 932,03 FEE�,T TO THE POINT OF BEGINVING, 1 N INr' AN AREA ()F" 13 . I 1 ACRES OF -LAN D MORL OR LESS, I, RICHARD A GOODWIN, A RF],GISTERED [`POFESSIONAL LAND SURVEYOr", DO HERF'BY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS CIE TE,,RMINED FROM A SU1,R'1FY HIAEIIE 0 ' f,]'P,0�JtID U`NDER, 111Y DIRECTION AND SU� I'll r T 1, ' E , v �, " -IN E , 11 : 1� u A SURVEY EXHIBIT WAS PREPARED ON THIS SAME DATE. BASIS OF BEARING IS NAD 83 TEXAS STATE PLANE COORDINATES, SOUTH CENTRAL ZONE. SHERWOOD SURVEYING & SUE P-0, BOX 992 SPRING BRANCH, TEXAS 78070 TBPT�S FIRM #10044200 Exhibit B "The Proper 9 LLLI L , Y T' N H ' E" -T, I A. I M&S ENGINEERING Cl 2 " _ , L T7 XHIFIT �T/0\1�,'� L OA,-%Fz E A r fl V v;, 41 il A0, Ag" > FT1 A A E 9 LLLI L , Y T' N H ' E" -T, I A. I M&S ENGINEERING Cl 2 " _ , L T7 XHIFIT �T/0\1�,'� L OA,-%Fz E Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Development Services Subject: Ordinance No. 16 -S -25 — Conduct a Public Hearing and consideration and /or action approving an Ordinance by the City Council of the City of Schertz, Texas on a request to rezone approximately 11 acres of land from Single - Family Residential District -1 (R -1) to Planned Development District (PDD). The property is generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road, and is specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas. (First Reading) BACKGROUND RA Schertz Development, LP is requesting to rezone approximately 11 acres of land from Single - Family Residential District -1 (R -1) to Planned Development District (PDD) in order to develop a commercial lot and a multi - family apartment complex. The property is generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road. The proposed zoning consists of a commercial portion adjacent to FM 3009 and multi - family between behind the commercial. The commercial portion is proposed with a base zoning of General Business (GB) with modifications to the permitted land uses to remove 21 uses as described in the development standards. The multi - family portion is proposed with a base zoning district of Apartment/Multi- Family Residential District (R -4) with amendments to decrease the lot width, decrease the maximum allowable height and restrict the maximum number of units to 96. The PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD design standards to view all modifications: 1. The multi - family lot will provide a 40 -foot landscape buffer and the masonry fencing as shown on the site plan between the multifamily lot and the neighboring single - family residential district to the West (rear) of the PDD. City Council Memorandum Page 2 2. The multi - family lot will provide the masonry fencing as shown on the site plan between the multi- family lot and the parkland dedication in the northwest corner and north side of the PDD. 3. The multifamily lot will provide a 30 -foot landscape buffer and the masonry fencing to the extent of what is shown on the site plan between the multi - family lot and the neighboring single - family residential district to the South (side) of the PDD. 4. All lots in the PDD will follow the provision of the current Bexar County Dark Sky ordinance. 5. The minimum tree preservation requirement will be reduced to 15 %. 6. The minimum parking ratio for the multi - family lot will be 2 parking spaces per unit. The public hearing notice was published in "The Daily Commercial Recorder" on August 5, 2016 and the "Herald" on August 10, 2016. Twenty -three (23) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on June 30, 2016. Staff has received 2 property owner responses in favor of the request, 1 property owner response neutral to the request, and 1.3 property owner responses opposed to the request from the area within the 200 foot notification boundary. Written opposition to the rezoning request has been received by property owners of more than 20% of the land area within the notification boundary constituting a written protest under Local Government Code §211.006(d). As such, to approve the request at least three - fourths (3/4) of the City Council must have an affirmative vote. A total of 4 responses have been received in favor of the request. A total of 406 people have submitted responses opposed to the request, including a petition received on June 21, 2016 containing 400 individual signatures. Additionally, 1 response neutral to the request has been received. A public hearing was held at the July 13, 2016 Planning and Zoning Commission Meeting. A total of 33 people spoke during the hearing, 9 in favor of the rezoning and 24 opposed to the rezoning. The comments generally made in favor of the request were: • The community needs more affordable housing for seniors and low income • 10 to 15 year wait list on existing affordable housing for seniors • Growth is coming to Schertz and the community needs to accept that • This is an appropriate use for the site The comment generally made opposed to the request were: • Concerns with increased traffic • Concerned that multifamily will decrease surrounding property values • This project will hurt the natural resources in the area • Concerns that the property will not be well maintained • The development would add to the overcrowding of schools City Council Memorandum Page 3 • Concerns with neighborhood safety /security and increased crime • Concerns about wildlife and tree removal • Concerns with storm water runoff and drainage • Lack of daycare facilities for the potential apartment residents Goal RA Schertz Development, LP is proposing to rezone approximately 11 acres of land from Single - Family Residential District -1 (R -1) to Planned Development District (PDD) in order to develop a commercial lot and a multifamily apartment complex. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The Comprehensive Land Plan identifies this area as single- family residential land use characteristic which is defined as conventional detached dwellings. For areas proposed to utilize a traditional neighborhood design, the single - family residential use may include a mix of residential uses as well as limited commercial development to support the daily activities of the development. In all single - family residential use areas, public and semi- public development such as schools and churches are encouraged as neighborhood focal points. By contrast, the Comprehensive Land Plan provides for a specific Multi - Family land use characteristic in central Schertz which is generally located along Schertz Parkway between Live Oak Road and Curtis Avenue as well as the intersection of Elbel Road and FM 3009. These areas designated as the Multi - Family land use characteristic are most appropriate for apartment and multi - family development in central Schertz. The Comprehensive Land Plan provides land use policies to be utilized in implementing goals, objectives and actions, and in reviewing zoning classification changes, variance requests or amendments to the Future Land Use Plan. As described in these policies, compatibility with existing uses should be maintained. Predominately the surrounding land uses to the subject property are large lot single - family residential (R -1) to the south and medium lot single- family residential (PDD) to the west. The existing zoning on the subject property of Single - Family Residential District -1 (R -1) is the most compatible land use for the subject property and is supported by the Comprehensive Land Plan. The abutting large lot subdivision to the south and similar sites near this property on FM 3009, are currently developed with single - family residential adjacent to low intensity commercial or adjacent to FM 3009. The adjacency of these uses has not created a negative impact and does not require a transition use between the single - family residential and the low intensity commercial use or the FM 3009 roadway. There is no need to transition from single- family residential to the FM 3009 roadway or the limited commercial development supported by the Comprehensive Land Plan in this area. City Council Memorandum Page 4 It is the opinion of Staff that this area is appropriately zoned as Single - Family Residential District -1 (R -1) which is supported by the "single- family residential" land use designation from the Comprehensive Land Plan. Staff recommends denial of this rezoning request. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted public hearings on July 1.3, 2016 . and offered a recommendation of disapproval by a majority vote of 6 opposed and 1 abstention. Staff recommends disapproval of the zoning request. Ordinance No. 16 -S -25 Citizen Responses AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY It ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately I acres of land generally located 1.25 feet south of the intersection of FM 3009 and Wiederstein Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on July 1.3, 2016, . the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of disapproval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on August 23, 2016 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). 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 23rd day of August, 2016. PASSED, APPROVED AND ADOPTED on final reading the 30th day of August, 2016. Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Being 10,689 acres of land out of the Toribio Herrera Survey No. 68, in the City of SchQrtz, Guadalupe County, Texas and being all of that certain 10.685 acre tract of land described in Volume 3107, Page 965 of the Official Public Records of Guadalupe County, Texas, and said 10.689 acre tract of land being more particularly described as follows: THENCE with the Southeasterly line of said Parkland-City of Schertz, Forest Ridge, Unit 6, N 59157' 31 11 W at 544.30 feet passing a I" pipe found for the Southerly comer of said Texas Shine Subdivision, and continuing with the Southeasterly line of said Lot 1, Block 1, Texas Shine Subdivision, a distance of 892.84 feet to the POINT OF BEGINNING and containing a 10.689 acre tract of land. Bearings based on the Texas State Plane Coordinate System, Texas South Central Zone (4204), MAD 1983, Exhibit B WOE vo 's ----------- . . . ..................... 0 op 'AN OF ----------------- -7� I it 114 'd 0 lk! In % 24 P 1 -;p N� !ii M &M ifid 1� I -A apW j114P "g RriH vfflry� KE 1 g1l 1 T 's - J V11 V.1 g, R HIRE A PRUM A 11,061 1 Ell I H 4,15 114,10 M-1, 1"'W" 11 ! 0 11 FOA 1 5 n 1 a FIN A mi I? I CV) cr" 0 F-) () (�9 6 Q0 on MI P W., 15 0 I N-A OMAN "40MI m -11 9 N fa I hm I III • W1 EXHIBIT C: DEVELOPMENT STANDARDS PLANNED DEVELOPMENT DISTRICT FOR THE PRESERVE AT WIEDERSTEIN TABLE OF CONTENTS I. General A. Introduction AFFECTED UDC ARTICLES I. Zoning Districts (Article 5) A. Commercial District per the PDD B. Apartment/Multi-family Residential District per the PDD 11. Site Design Standards (Article 9) A. Exterior Standards (Section 21.9.5) B. General Landscaping (Section 21.9.7) C. Fencing and Screening (Section 21.9.8) D. Park and Open Space Dedication Requirements (21.9.10) E. Tree Preservation and Mitigation (Section 21.9.19) F. Lighting and Glare Standards (Section 21.9.11) Ill. Parking Standards (Article 10) A. Off Street Parking Requirements (Section 21.10.4) IV. Amendments to the Planned Development District V. Appendices and Attachments THE PRESERVE AT WIEDERSTEIN I. General A. Introduction W Under the Unified Development Code (UDC) set forth by the City of Schertz (City), a Planned Development District (PDD) is an alternative approach to conventional land development where a development might not be able to adhere to the regulations and design standards of the City's UDC. Except where indicated otherwise, the City's UDC (Ordinance 11 -S -15) as amended will govern the development of "The Preserve at Wiederstein ". C -3 AFFECTED UDC ARTICLES I. Zoning Districts (Article 5) The Preserve at Wiederstein will comprise of approximately 10.68 acres located near the southwest corner of Weiderstein Road and FM 3009, in Schertz, Texas. As a planned development district, this document and the supporting site plan of the PDD (Appendix A) defines the types of land uses that will comprise the PDD. The site plan depicts areas for commercial and multifamily land uses and their respective characteristics. This document requests that those Articles and Sections of the Unified Development Code affected by the PDD be amended or modified and granted by an ordinance through the City Council of the City. A. Commercial District per the PDD The lot fronting FM 3009 will total approximately 2.753 acres and is designed for commercial use. The commercial use of this lot will be subject to the same land restrictions as the General Business District (GB) as stated in the Schertz UDC 11- S-15 as amended. In this PDD, the commercial lot will exclude the following uses: 1. Airport, Heliport or Landing Field 2. Antenna and /or Antenna Support Structure 3. Athletic Stadium, Private 4. Automobile Parking Structure /Garage 5. Commercial Amusement, Outdoor 6. Dry Cleaning, Major 7. Flea Market, Inside 8. Flea Market, Outside 9. Golf Course and /or Country Club 10. Heavy Equipment Sales, Services or Rental 11. Hotel /Motel 12. Livestock 13. Mortuary /Funeral Home 14. Pawn Shop 15. Railroad /Bus Passenger Station 16. Recycling Collection Point 17. Rehabilitation Care Facility 18 Theater, Outdoor 19. Trailer /Manufactured Home Sales 20. Truck Terminal 21. Family and Group Homes B. Apartment /Multifamily Residential District per the PDD The lot behind the commercial lot described in Paragraph I (A) above will total approximately 7.298 and is designated for multifamily land use. The multifamily use of this lot will be subject to the same restrictions and requirements as the Apartment /Multifamily Residential District (R -4) as stated in the Schertz UDC 11- S-15 as amended subject to the following: 1. The minimum lot width will be 75'. 2. The maximum allowable height of each building will be two (2) stories. 3. The maximum allowable number of residential units on this lot is limited to 96- units. ll. Site Design Standards (Article 9) A. Exterior Standards (Section 21.9.5) 1. The City's ordinances and standards applicable to the uses on the commercial and multifamily lots of the PDD will apply. B. General Eandscapina (Section 21.9. 1. The City's ordinances and standards applicable to the uses on the commercial and multifamily lots of the PDD will apply. C. Fencing and Screening (Section 21.9.8) 1. The multifamily lot will provide a 40 -foot setback landscape buffer and the masonry fencing as shown on the site plan between the multifamily lot and the neighboring single family residential district to the West (rear) of the PDD. [Mi 2. The multifamily lot will provide the masonry fencing as shown on the site plan between the multifamily lot and the parkland dedication in the northwest corner and north side of the PDD. 3. The multifamily lot will provide a 30 -foot setback landscape buffer and the masonry fencing to the extent of what is shown on the site plan between the multifamily lot and the neighboring single family residential district to the South (side) of the PDD. D. Park and Open Space Dedication Requirements (Section 21.9.10) The PDD site plan includes a dedication of 0.6 acres of parkland adjacent to the existing parkland abutting the site. This dedication is intended to meet the requirements of the Parkland dedication requirements for the project, hence no further area or fee in lieu of land will be required. E. Lighting and Glare Standards (Section 21.9.11) The provisions of the current Bexar County Dark Sky Ordinance will apply to the uses on the commercial and multifamily lots of the PDD. F. Tree Preservation and Mitigation (Section 21.9.19) The minimum preservation requirement for tree mitigation will be 15 %. III. Parking Standards (Article 10) A. Off Street Parking Requirements (Section 21.10.4) 1. The parking standard for the uses on the commercial and multifamily lots will meet all applicable parking requirements, except that all on -site parking for the multifamily lot will be at 2 cars /unit for a total of 192 - spaces. IV. Amendments to the Planned Development District A. The applicant may, but is not required, to install amenities such as children's playscapes, grills, pavilions, etc. without amendment to the PDD or the associated site plan. V. Appendices and Attachments A. Site Plan of PDD attached as Appendix A C -6 the request for ZC2016.002 c STREET ADDRESS: a' Oh " r° `7fA6 DATE: `III �P PHONE: 1400 Schertz Parkway x Schertz, Texas 78154 210,619.1000 x schertz,corr, Reply Form -------- -- I am: in favor of opposed to El - neutral to ❑ the request for ZC2016.002 COMMENTS: Nall all W "'sim -L J SIGNATURE (PLEASE PRINT ) J `t STREET ADDRESS: I d, I,3 f ak..;A 7->' DATE: f� PHONE: 1400 Schertz Parkway Schertz, Texas 78154 210.619.1000 .r schariz.com SCH June 30, 2016 Dear Property ler, COMMUNITY OPPORTUNITY NOTICE OF PUBLIC REARING ]PLANNING & C01v11 UNITY DMWELOFMENT The Schertz Plan ing and Zoning Commission will conduct a public hearing on Wednesday, July 13, 2096 at 6,00 p.m' located at It e Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and mak recommendation on the following item: ZC2016.002 A request to rezone approximately 11 acres of land generally located 125 feet south of the intersection of FM 3009 and Wiederstein F oad, from Single- Family Residential -1 (R -1) to Planned Development District (PDD). The property is specifically des (ribed as 10.689 acres out of the Toriblo Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas, The Planning and oning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Th s form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Sc eriz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox aMschertz.corn, If you have any que tions please feel free to call Bryce Cox, Senior Planner directly at 210 -619 -1781. Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor of ❑ opoosed to X neutral to ❑ COMMENTS: I '`o(' awM NAME; STREET ADD DATE: 7- 1400 Schertz the request for ZC2016 -002 Zwerc.b,ei SIGNATURE,�✓�, PRINT) d >: l (S �Ine Fares j PHONE; -'s Schema, Texas 78154 scheriz,com COMMUNITY MCHIERTZ I OPP RTUN NOTICE OF PUBLIC HEARING June 30, 2016 Dear Property Owner, P, 001/001 PLANNING & CO1V1iY.Ct7.NITY D)EWLOPMENT The Scherrz Planning and Zoning Commission will conduct a public hearing on Wednesday July 13.2016 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2016.002 A request to rezone approximately 11 acres of land generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residentlal -1 (R-1) to Planned Development Distriot (PDD). The property is specifically described as 10.689 acres out.of the Toribio Herrera Survey No, 68, City of Schertz, Guadalupe County, Texas. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public nearing. this form Is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to the first public hearing date by mail or persona( delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 6191789, or by email bcox0schertz,com. If you have any questions please feel free to call Bryce Cox, Senior Planner directly at 210 - 6191781, Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in flavor of 0 opposed Coto C� neutral to ❑ the request for ZC2016 -002 COMMENTS:..loCa NAME: ,C� c,��'�D ���. jr n SIGNATURE 6XI_ (PLEASE PRJNT) STREET ADDRESS: DATE: PHONE: 1400 Schenz Parkway b Schertz, Texas 78754 k 270.019.1000 schartz.com ® t� ®497710 burnbaum properties goo 07:39:14 07--11 -2016 1 !1 Reply Form I am: in favor of V// opposed to ❑ neutral to ❑ the.request for ZC2016.002 COMMENTS: NAME: M f J q SIGNATURE f1 (PLEA E PRINT) 4- ., STREET DDRESS:a �--ar DATE; L PHONE: 1400 Schertz Parkway * ' Schertz Texas 78154 n 210,610,1000 schertz corn �SCCIH��H��i�c� OCOMMUNITY PPORTUNITY NOTICE OF PUBLIC HEARING June 30, 2016 Dear Property Owner, PLA.NNWG & COMMUMTY DEVELOPMENT ._ . The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, July 13, 2016 at 6,00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2016 -002 A request to rezone approximately 11 acres of land generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential -1 (R -1) to Planned Development District (PDD), The property is specifically described as 10.689 acres out of the Toriblo Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas, The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing, This form is used to calculate the percentage of landowners that support and oppose the request, You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox(a,schertz.com. If you have any questions please feel free to call Bryce Cox, Senior Planner directly at 210- 619 -1781, Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor of ❑ opposed to ❑ neutral to f the request for ZC2016 -002 COMMENTS: NAME: V W , 1l S � (GNATURE (PLEASE PRINT) STREET ADDRESS: :3 Q� y t7N �C' M��ec+�1$ DATE: _�:\ I\ \ / \ to PHONE: 1400 Schertz Parkway Schertz, Texas 78154 210,619,1000 x schertz.com Bryce Cox From: Tom Fraser Sent: Friday, July 8, 2016 8:27 PM To: Bryce Cox Subject: Reply form for planned development at 3009 and Wiederstein Mr. Cox, I am opposed to the request for ZC2016 -002. Thomas Fraser 4304 Deep Spring Pass Schertz, TX. 78154 7 COMMUNITY SERVIE OPPORTUNITY NOTICE OF PUBLIC HEARING June 30, 2016 Gear Property Owner, PLAONING & COMMUNITY IDE V ELOPIMENT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, July 13 2016 at 6:00 .gym. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building ft4, Sciiertz, Texas to consider and ;rake recommendation on the following item: ZC2016-002 p n09 A rprtrest to rezone approximu?e'y 11 acres of land generally located 125 feet south of the intersection of FPS . f rr Disc (KID), The pron�k Dor st et n Road, from ytngte Famiio Residrntia! -1 (R -1) to Paa .; iE pe. Flop m al`y described as 10,689 r3nes crut of JhG To ribio Herrera Sur-,ley No. c +�: =i y : p" is apecitie�, Gounty, Texas. fte P =annirtig gild �.ont "K9i ::Ommis icin would l ker to hear tb0vv YOU feel ab,Yut till, r;n k2e� and invites you to -9ptt nC ti} public tearing. TWs firm is u&ed fu cafcvf9fe the Percentage of fsi -Ido hers that 811ppoa and oppose the request, 'a Ou may return the reply form below prior to the first public hearing date by mail or personal delivery to Br Ice Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox ar�schertz.ccm. if you have any questions please feel tree to call Bryce Cox, Senior Planner directly at 210 -619 -1781. Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor o opposed to ❑ neutral to ❑ the request for ZC2016 -002 COMMENTS: d' G� G. �tS� t �el � . z. rip, Pic), NAME: SIGNATUREti , (PLEASES PRINT) i STREET ADDRESS: _ 5 1 - DATE: 1 PHONE: 1400 schertz Parke/ay .. Schertz, Texas 78154 210.619.1000 � It,;r, CHUFF \��L C 1 OPPORTUNITY COMMUNITY � � BY: .... PLANNING & COMMUNITY A1;VI;LOPML, NJ' NOTICE OF PUBLIC FEARING June 30, 2016 Dear Property Owner, The Schertz Planning and Zoning Commission will conduct a public hearing on Wednesday, July 13, 2016 at 6 :00 m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas to consider and make recommendation on the following item: ZC2016.002 A request to rezone approximately 11 acres of land generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential -1 (R -1) to Planned Development District (PDD). The property is specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas. The Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox@schertz.com. If you have any questions please feel free to call Bryce Cox, Senior Planner directly at 210- 619 -1781. Sincerely, Bryce Cox, CFM Senior Planner Reply Form _ I am: in favor of M opposed to ❑ [ieutral #o ❑. the request for ZC2016 002 COMMENTS: 4 R„ CA &A r �Pe-1 �R Sri�htz`s u ��utci 020.t,rfk NAME: mA.,v Ft— zPbaa .5 e: SIGNATURE .__A_/ � (PLEASE PRINT) STREET ADDRESS: 16 13 Vi11 � y0 q BOO P e n`f /J P W- -- DATE: i._ j ._ 1 Cp PHONE: 1400 Schertz Parkway Schertz, Texas 78154 � 210.610.1000 .it schert4.c oil I ��CHIEIRIFZ i OCOMMUNITY PPORTUNITY NOTICE OF PUBLIC HEARING June 30, 2016 Dear Property Owner, PLANNING & COMI7UNI'1'Y DEf Wi ,OPMENT ' The Schertz. Planning and zoning Commission will conduct a public hearing on Wednesday, July 13, 2016 at 6;00 m, located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building t#4, Schertz, Texas to consider and make recommendation on the following item; ZC2016 -002 A request to rezone approximately 11 acres of land generally located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single - Family Residential -1 (R -1) to Planned Development District (PDD). The property is specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of Schertz, Guadalupe County, Texas, The Planning and zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. This form is used to calculate the percentage of landowners that support and oppose the request. You may return the reply form below prior to the first public hearing date by mail or personal delivery to Bryce Cox, Senior Planner, 1400 Schertz Parkway, Schertz, Texas 78154, by fax (210) 619 -1789, or by e -mail bcox0schertz.com. If you have any questions please feel free to call Bryce Cox, Senior Planner directly at 210 -619 -1781. Sincerely, Bryce Cox, CFM Senior Planner Reply Form I am: in favor of ❑ opposed tto' X neutral to ❑ the request for zC2016.002 COMMENTS", �t w a.�i:c s-s'� NAME; C, �-v SIGNATURE �Gt trot (PLEASE PRINT). STREET ADDRESS: _ t2 2_j_ DATE; _ (. °' L PHONE: 1400 sohertz Parkway -41 scherlZ, ' 7816,t'. 210.619.1000 �L/vf�C YLL! 138_ Lc1 C?MK G CJ I YIGiiL tCG P°%1C C}�LZS' 1% L�2 rji} ©L /�7 � [? ►�:J. i,�y.o i in C'. tit � {� (3- Gr-<.1 ! Af CI � .� � S � t� t� F' �tl 1✓ tr �f� �X t? nt l f�' � b LcJ �h. � [�-v r34' I- L L-{ 'U'LF.� C.t.e. � .,� �/2 5 % Vt4" -Ui ,I`;`1 Q�t� �" l ? � �' pf r� � (,e_•,.,� �, i,-. �t e �" � -t.�ta �• � L*' �.I �� �YZ? CJ`L�. ��-- �. c j ��t7 f �Q��'- /�-� Lt S, 6 )i Reply Form I am: in favor of ❑ opposed to neutral to ❑ the request for ZC2016-002 INAMMIM DATE; —b - I I-z PHON JUL 1 4 2016 1400 Schertz Parkway Schertz, Texas 78154 210.619J000 71 scbeltz.conl Reply Form I am: in favor of ❑ opposed to neutral to ❑ the request for ZC2016 -002 Comm] NAME: (PLEASE P ; T) STREET ADDRESS: �1 DATE: PHONE: 1400 Scheriz Parkway ScherUz Texas 78154 210.619.1000 k scheriz.com John Kessel Schertz City Manager 1400 Schertz Parkway Schertz, Texas 78154 Dear Mr. Kessel, June 20, 2016 We forward this letter as the cover for transmittal of copies of a petition executed by 511 citizens of the Schertz city subdivisions of Forest Ridge, Forest Ridge Estates and Deerhaven. This petition has been formulated as a citizen statement of opposition to an expected property zoning change proposal for property at the intersection of FM 3009. and Wiederstein Road. The proposal originates from the owners of the property and/or developers. The change to be. requested is for removing property from its existing R- I (single family — large lots) zoning to R -4 zoning (multi - family) (AKA: "The Preserve AT Wiederstein" Project) . The petition signatures represent nearly 99 percent of the residents living in the three subdivisions to include those living within the 200 foot perimeter. The petition survey disclosed unanimous citizen opposition to the proposed zoning change action. Your staff will be offering an opinion to the Planning and Zoning Commission and to the Schertz City Council regarding this proposed zoning change request. We are reminded that your Executive Director, Brian James' advised the Council at the January 26th City Council meeting that one of the items they (developers) are evaluated on is whether or not they have the support from the' community where they are proposing to locate. Obviously, the petition confirms that there is no community support for this project. Further, Mr. James pointed out to the Council that the plan that the city has in place with regards to zoning and the comprehensive land use plan "would not be to put multifamily there. Your staff has recently recommended against zoning change in the North Schertz (Hwy 2252/Hwy 35) matter (Avanti Canyon) dealing with low cost apartment development. We seek similar support from staff for our petitioned request. We expect this matter to come before the Planning and Zoning Commission in the near future. It is our hope that your staff will agree that the planned placement of the low income apartments at the site being proposed is totally inappropriate. There are suitable sites elsewhere in the community for such multi- family development that would not have the adverse consequence that this plan imposes on the neighborhoods. We look forward to your office's support in this matter. Sincerely, ,Schertz Citizens fo(r he ` Wiederstein 0-operty tesei vation flf ance Kim H3 hhu / % Kenny Zuerch LI ell Dean We' Tom Fraser Tom Deering Don Brownlee I✓� a—� Atch: Copy of Petition Documents CC: All City Council Members and Mayor Carpenter petition Y Schertz Citizens for the Wiederstein Property Preservation Alliance .Su6mitted to Schertz City Wanager (i� Schertz City CounciC .Zoning Change lnroposal re: 11he Preserve At Wiederstein � B Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R -1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in . the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ��rk17a 1 r 57Lac r < . 6 -T ve3 /k � r - � a gP f r C ADDRESS Jr -- f365 rw, P 2 ,e �Mg/,ei- L. W .Y C, W", DY /109 F,w��, frl�'iV fly li a� c -I, J,, w DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County ) s &Rok �%�IIEs 0 i �. V 1r''0, 1l►L�...�� IJ .�._ F e Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE 0 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE 4444 �0'/ (List County) P-2 &04ele— Ar 11 --L�Jlf �-llx�-9-�� X %��a k� may✓ vl3 ,u r �� :G R � , 1,06 4 L Al /b r IL q i S�r�eRY ✓I�Dver .. WV "1 �j1a�A `3 L Auf Let- QA! w, i1 ia nr ✓ vJ �L Zl /yi, Ale; ge low A'e, q-v kli-fg Jo —a t✓x/ j1,Cr2Yl' o% r v ;2 Id ,40 Fa _ W, 111b RPV Al 2 '�u� Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) vl, 12 6 . 3 �v -116116 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 4 ,p{V Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American., Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) L I PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR I _ r�cLiy �)61 l' ��; being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) therp.are 6 AA I signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the day of DONNA R. ENGEMAN 6 ot�P; Notary Public, Slate of Texas r• h My Commission Expires oF;;�+ April 0 l , 2017 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued .bv Roval AMerican, Inc and /or its representative companies and or ropertvlowners. My signature is here -in placed to serve to expfoss my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its.representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "Ttie Preserve At Wiederstein ".. The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi- family). Any change in the zoning of this property would have several- adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose. unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation' of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS w �e Al04,we-Z. ht qt q tx�� F(t Qwt °wle�r L DOB VOTER REGISTRATION (List County ) FA R l 0 / (� ff 7W,-L)_ A LEA PAS L •ro« fM776e 04 lmnA bh br G� Cv EMAIL /PHONE # SIGNATURE /DATE r0 �� /WI( ,ZAr b `0 /(a. p► amlf4k FJ,,,O,J fa t-k L- � Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE 2 r.� � ._ 3 Petition to Oppose Changing Zoning for Property at Intersection of FM ' 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and/or property owners (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Id Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued bV Royal American, Inc and /or its representative companies and or property owners (CONTINUED FROM PAGE #4 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE# SIGNATURE /DATE (List County) I✓ 91 PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #51 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) I J056,,?— ��"� , being first duly sworn, on oath confirm that (i) I am one ofthe signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are / 74J41 '« signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the 7 day of A a.rc-A 0 ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF Guadalupe Before me, Linh Bogle day personally appeared Thomas Deerin proved to me on the oath of Texas Driver's License , a Notary Public, on this known to me (or or through (description of identity card or other document), to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he /she executed the same for the purposes and consideration therein expressed. L.S. Given under my hand and seal of office this 7 day of March 2016 REMZ2 Notary Public, St of Texas M082.pdf R 11 -03 -09 �.7e,ly A Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoningto R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be, in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL %PHONE # SIGNATURE /DATE I �Q Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #31 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 5 p� PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR I� Cu!/ (� /f' /Z, being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulate to A regoing pages (1 -6) of the said petition, (iii) there are IT signatures on e page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the -� day of �A c-A R. ENGEMAN /Ir 6 (� ;. : a•i �,; rir, , ^. e of Texas UJ _:r Ap; ;'i.li• ii Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and/or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American; Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R -1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIG (List County ) 6� fK iKe p4 rY\ U, l e Co 6 kTU R E ,,SATE � `13 3114 z —I 'd -f3-�� -;E- 'I 3 -4 ' h, 167 J 0n ;, I ns, •, u � Z `h9 L/ -8),u h 4-14, �J ft 112 cc&S dYVt t1gW 5`Y7 Y G 2L (� �o Ana S �o .del Ng10 ,4 0sft 2 d L151 2 1, 6-er i s �= r " 4 7 �ffvl15lr6KO e-, �q ( q51 0r5e5A0e. rc J ' z_ 6A d�� P Val, (0+a �SL��stslre�v •�� , i.fl -1 - Ll,-;* l I I.•_� 6� fK iKe p4 rY\ U, l e Co 6 kTU R E ,,SATE � `13 3114 z —I 'd -f3-�� -;E- 'I 3 -4 ' Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE# SIGNATURE /DATE (List County) =DUI Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 3�1i) Petition to Oppose Changing Zoning-for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 400 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) ,QJ PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR n r I /�'Ccd/ �j _ �/ �2— , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are signatures on e page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the day of DONNA R, ENGEMAN 6 Notary Public, Sfote of Texas My Commission Expires April 01, 2017 7 Dour h0 r pf�d M ez� Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side') as b,einl; pursued by Royal American, Inc and /or Its representative companies and/or property owners. ' I My signature is here -in placed to serve to express my opposition to; the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and 1�Viederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 5 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi -faWly). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction ofla highly valuable and cherished historic forested area and animal habitat; 3) would be in; violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25 %!rule fo tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road.; " I r i Petition to Oppose Changing.Zoning for Pro ert atlntersection of FM 3009 (west side) and Wiederstein Road (south side as being pursued b Royal American, Inc and /or its representative companies and/or aroperty owners (CONTINUED FROM PAGE #1 I I NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE #! SIGNATURE /DATE (List County) R Tti Ivor, ty�t l •� �i�►V ir'c. 41 r'.CA 5a AV, S`rU� LS i Y ;:f �InCtYI G n `(ZV `1^ I V-JA S. z �ahn f?,IuM�nfir�� } So$ U�ii on C d ► ent2 T7� `��;�° ✓9�.,� L� J � E� `-,� �'.�.�} GG ✓�- �•%v,� /�stT' Sir >e�`%'� An, le - V- Vlr),vi z 1 'IrL4 2 1 �)- I)- -I o -� ,A a I I Petition to Oppose Cha iperty at Interk 3009 (west side) and Wiederstein Road (south side) as DE, by Royal American, Inc and /or its representative compar. roperty owners (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE (List County) `�7ZJ ection of FM in- pursued pies and /or SIGNATURE /DATE q �IrLj1��. l"2-ti itk i` q •� j i i Petition to 0 ose Changing Zoning for Pro ert at !Intersection of FM Petl 3009 west side and Wiederstein Road south side ;as b0in ursued b Ro al American Inc. and or its re resentative com aisles and/or property owners (CONTINUED FROM PAGE #3 i NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHO,NE # !SIGNATURE /DATE I i 4 I - I , 9 r i Petition to oppose Changing Zonin for Pro ert at Intersection of F 3009 (west side) and Wiederstein Road (south side)!as being pursue American Inc. and or its re resentative com antes and or b Royal � Drogerty owners. (CONTINUED FROM PAGE #4 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) i I N ,f Vk� l•rVU`1�'i� F c -11r< J , r�- r -°' � 1:2f .z�� • �L 6 Ia�- - 1 � r v4lc? I 5 i i PETITION to Oppose Chan in Zonin for Property atlntersection of FM 3009 (west side) and Wiederstein Road (south side)ias being p ursued American, Inc. and/or its representative com anies and or b � Royal Am � � property owners. (CONTINUED FROM PAGE #5 i ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # 1 SIGNATURE /DATE NAME j (List County) T k�r Gvv{�v\, i e!� /,•J�;; lit . �v u� Ail V V Al 1 r L AFFIDAVID OF CIRCULATOR I , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are _— signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have pp purport been signed, (v) the same are the genuine signatures of the persons whose names they p p to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the day of 6 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R -1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected." & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree'retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME a �Es Moe V/4 0 G ucfz, nth R�Adg�s� M! euW-4 C\n De C'k ono -Cln i s C 4 ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE 41�1p� /vG� 0111111141W (List County) � y �� l� i21`sl # WON KIM rTR, #120, 1'. � -a WIN ri ! r - ,a MQ�� �✓'WtC�- �-'�OK �rna �nc�,p;.v>Qn Z i IziW5 Pq ,5i- 31 -et j'�- rs�- V 1 16, 0 OLZA rz Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) VIEW Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR I �I 1 a �l , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are — 1 signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons names they purport to be, and , (vi) each signer had an opportunity to read the fu 't, Sworn and subscribed to befo Notary Public, Stato of TO) My Comm. Exp 05 -08-20 NOTXRY IN: 13021805- iihtcribed before me on of q-V ,20� rl Do o Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoningto R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE 1 Petition to Oppose Changing Zoning for Property at Intersection of FM_ 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 2 Petition to Oppose Chanaina Zonini? for Propertv at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) �/ a l Or l G�r�un l�c,,cl3l (P DEc r i PusS- G L)QrdCu Pe, 3 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American; Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 5 P PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR Ly I y J 1 , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) [personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are C-1 signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of ns_wh se names they purport to be, and, (vi) each signer had an opportunity td�re t petition. Cour�y Sworn and subscribed to before me, this the t wore me Z on Im Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American,. Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R -1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION (List County ) �ts� �f�P��sS 41 I to W in�p -� �ioC,� C� � ►,a�A��� EMAIL /PHONE # SIGNATURE /DATE A i 0-,U viz 7�, Ciur�i�fe «�� 1 JA# Z_ zi,�� wig Z f ` - 4 e �Tz C� ids C 2Z'VI>a' Dr c rt -u A, `f;1o5 6��, &,# 6v . c ),�A) C�, 6, q 64ff Sar« Oa-(h-A, 4713 Gr«rk A-- )Q4�r. 4 EMAIL /PHONE # SIGNATURE /DATE A i 0-,U viz 7�, Ciur�i�fe «�� 1 JA# Z_ zi,�� wig \jf *r1- 0 ,I ws AL P N'W C �irts LI on till iv ,val "tYli� j (Ary I}c. Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) � Ac I!�l►,' Gill i na 1,v, I AD J90 )ijoa� 3 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #3) NAME J 5e 4q, R c sZ j6#4* Au4A rii R- n f-x "" `L r cF S�0 qZI A y (reed aft 20 i 4 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 1 PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 13 2 I ��'s • , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there area IS +I eft signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. f• Petition to Oppose Chahlging Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County ) ?_. -CYEO k QE e h6lw1, ski ►w�l;� wti�� ' LfAKV l') Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #1) NAME tsar', Lk (�' ?iicllctYlaY � ` ��,e>? •Q�,�! `are= �r,hn blumr-nt'r�-rfi 45o 0 0�7Fvu ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List Count i 1 k4 f. n v�,.A- tv Fl <, % 1%4- �lZa 5+.anr;scmass kh�� 9i on C><d I enf2 T� 2 ,:5-adk zlit 1Z� L l% Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) a �;r NLi 0fii-�( °r'- 54an ,Y:Al L46Z�i 3 dab, n ��ic 6 y�elr C' -T,���� Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE 0 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) y Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 5 1Zll� PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #5) AFFIDAVID OF CIRCULATOR 16-EA E W I MCEJZ , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are I _? — signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose nam they purport to be, and , (vi) each signer had an opportunity to read the full text UM 9r armed) and subscribed before me Sworn and subscribed to before me, this the day of .of�zo by u BMNOON.JOLENE W�TSON Cory Pu i na Notary ame Notary ID p 129951183 �' rs ®helly o n OR My Commission Expires �'pe of Identification Produced '�,r(OWF September 11, 2018 _(,, a'l iq [* Petition to Oppose Changing Zoning for Property at Intersection of FM 30.09 (west side) and Wiederstein Road (south side) as being pursued by Roval American, Inc. and /or its representative companies and/or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the - acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "Th'e Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi- family). Any change in the zoning of this property would gave several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. � NAME ADDRESS 4DOB VOTER REGISTRATION 4- E-�/PFIMI# SIGNATURE /DATE (List County ) ys1-z ce,Srcje_ f9 St��- 3?1W 11Q W e 41..sl6 CA-schd i1 Scl— rti78rrt S 5 l�l C Ckbe -% S -RQ 4 -;,V AMY 7 awl 1'�'Ml k <i r AJ Cte P P_ 11 7 oye, A. o,_,.,? Cc -C,I( V1 s w 1 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) I -1 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 5 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R -1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION �r/" n.4 e- r-1 I ti n EMAIL /PHONE # SIGNATURE /DATE Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #1) EMAIL /PHONE # SIGNATURE /DATE Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 3 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) e KI gi 4- 0 aJ , being first duly sworn, on oath confirm that (i) I am one of the igners of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said etition, (iii) there are 31 signatures on each page, (iv) each of the signatures p p earin g on such pages was si g ned in my p resence on the day and date it purports to have een signed, (v) the same are the genuine signatures of the persons whose names they purport o, be, and , (vi) each signer had an opportunity to read the full text of the petition. worn d subs r' ed to before me, this the /-,5- day of e- 6rt:c -r -1-616 . �n� pLb6v� 51giti IS K��w' -6, � eTcre- x � o 6 ICS 1-14 ea -14ea S-t -Lti c tc h s IfL' Q - ,h M, 7 s r s •LLA , l Cm V i �Kit'a " . /l vfQFy t 1 4k� A 42 d r 36'.4 b-P leKaS Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or property owners. My signature is here -in placed to serve to express my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as "The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi- family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # >J s I z, /11 /L ; r2- �-vb•tt4.�,Q, +tJcm ann-& V-0W U^ SIGNATURE /DATE 2 14/1 Q NEW Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #1) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners (CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) 4 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR 16kAaLeS .5e,- , being first duly sworn, on oath confirm that (i) I am one of the signers of the above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are signatures on each page, (iv) each of the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity to read the full text of the petition. Sworn and subscribed to before me, this the day of 0 dx4v-1 W 1-1 14111 rl,c "w, ;. , t 1t1 Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. My signature is here -in placed to serve to express -my opposition to the expected proposal by Royal American, Inc. (Developer) or any of its representatives and /or by the property owners to change existing zoning on the acreage upon which the Developer proposes to construct multi- family housing (120 units) at the intersection of FM 3009 (west side) and Wiederstein Road (south side) hereafter referred to as The Preserve At Wiederstein ". The property consists of approximately 8 -12 acres of land which is currently zoned as R-1 (single family residential) and the Developer (et. al) would propose to change the zoning to R -4 (multi - family). Any change in the zoning of this property would have several adverse effects on the property and upon the citizens of the City of Schertz to include: 1) impose unnecessary and burdensome character change to the communities adjacent to the project area; 2) destruction of a highly valuable and cherished historic forested area and animal habitat; 3) would be in violation of City tree ordinances and /or impervious ground cover /drainage site line requirements; 4) "Protected" & "Heritage tree removals would violate City ordinances; 5) the 25% rule for tree retention could not be met by development design plans; 6) impose unacceptable and unsafe traffic congestion at and around the intersection of FM 3009 and Wiederstein Road. NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) V )P -Q0NA Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #11 NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc. and /or its representative companies and /or Property owners:'(CONTINUED FROM PAGE #2) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #3) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) Petition to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or Property owners. (CONTINUED FROM PAGE #4) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) PETITION to Oppose Changing Zoning for Property at Intersection of FM 3009 (west side) and Wiederstein Road (south side) as being pursued by Royal American, Inc and /or its representative companies and /or property owners. (CONTINUED FROM PAGE #5) NAME ADDRESS DOB VOTER REGISTRATION EMAIL /PHONE # SIGNATURE /DATE (List County) AFFIDAVID OF CIRCULATOR RAW , being first duly sworn, on oath confirm that (i) I am one of the signers of the.above petition (ii) I personally circulated the foregoing pages (1 -6) of the said petition, (iii) there are ,40[�% at . signaturesz„- �ae p ��.o0 , (iv) each oft the signatures appearing on such pages was signed in my presence on the day and date it purports to have been signed, (v) the same are the genuine signatures of the persons whose names they purport to be, and , (vi) each signer had an opportunity, to read the full text of the petition. Sworn and subscribed to before me, this the I day of DONNA R. ENGEMAN I tdofar Public. State of Texas fAv Commission Expires f_ _,, F,• April 01, 2017 C/' ~' n QA Z D y B � 3 ( CD m m o 0 CD w - Ln _ o P N N m CD O o X O x rt 3 w H h p r51 CD w oQ p � o A w C G G LJ U �2 r b P m rt F. H Id rn (0 O °• CD Imo+ '� It 5 o CD - a w o m n m Lo CD Q 3 y Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: Development Services Ordinance No. 16 -S -27 — Conduct a public hearing and consideration and/or action approving an Ordinance regarding amendments to Past III, Schertz Code of Ordinances, Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking Standards and Article 14 Transportation. First Reading (B. James /B. James) In 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City Independent School District (SCUCISD) to designate processes, procedures, and fee structures to streamline delivery of certain government functions and services in an efficient manner. This included provisions to allow alternative landscaping, tree preservation and parking standards. Recently, Comal ISD has approached the City of Schertz about school site design standards and is facing some of the same challenges experienced by SCUCISD that prompted their interlocal agreement. Rather than have a series of interlocal agreements with the various school districts within the City of Schertz, it was determined to be more appropriate to amend the UDC to reflect the alternate design standards. Generally, Article 9 Site Design Standards was developed with commercial and multi - family uses in mind, not institutional uses like schools, colleges and universities. These uses often have greater amounts of open space to accommodate play and recreation areas. The unique requirements for site security and student safety are also unique to these uses. Buildings are also designed with functionality and safety in mind, thus many schools built today differ substantially from those built 40 or 50 years ago. Public school districts are also unique in being built by another governmental entity and often school districts straddle multiple municipalities. As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public schools. While schools generally have a lot of glazing, this can be spaced unevenly across the building. The gymnasium may not have any windows or example. The buildings tend to exceed our requirements for articulation. Materials can also be an issue and as schools may opt for a variety of materials to break up the monotony of the fagade. These might include metal and EFIS. Landscaping can be problematic give the large sites schools occupy. In particular the requirement for 9 trees per acres given the large lot size and the perimeter tree requirement. The City Council Memorandum Page 2 requirement for trees in parking areas and parking lot islands to minimize size issues in areas where kids and cars may be. This is also the case with screening of vehicular areas. A similar set of challenges arises with regard to screening and fencing. In many cases homes that back to a school do not have any additional screening beyond the residential homes' wood fences. Tree preservation is often a problem because in order for districts to find suitable size site they have to selects sites with challenges — trees, topography, etc. That create a challenge in saving trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation funds on school property. These changes would simply be made in each section of article 9 that indicates: "Public schools will not be required to comply with this section." This certainly allows the school districts to better anticipate costs and to ensure greater uniformity of schools across municipal boundaries, something that promotes equity and efficiency. Goal Provide for appropriate public school site development standards based upon the unique design, operations, range of activities and safety concerns associated with public schools that allow the school districts within Schertz to develop school facilities in a consistent manner. Community Benefit Improve cooperation between the City and public school districts that increases efficiency and more effectively utilizes public resources. Summary of Recommended Action On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approved the proposed amendment. Staff recommends that Council approve Ordinance 16 -S -27 on first reading amending the UDC. FISCAL IMPACT �_� Owl RECOMMENDATION Approval of Ordinance 16 -S -27. ATTACHMENT Ordinance 16 -S -27 ORDINANCE NO. 16 -5 -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.9.5 EXTERIOR CONSTRUCTION AND DESIGN STANARDS, SECTION 21.9.7 LANDSCAPING, SECTION 21.9.8 SCREENING AND FENCING, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION, SECTION 21.10.4 SCHERDULE OF OFF- STREET PARKING REQUIREMENTS, SECTION 21.10.8 OFF - STREET LOADING /UNLOADING REQUIREMENTS, SECTION 21.14.3 ADDITIONAL DESIGN REQUIREMENTS, AND SECTION 21.16 DEFINITIONS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Schertz and the Planning and Zoning Commission recognize the unique design requirements of public schools, and WHEREAS, The City of Schertz Unified Development Code is intended to protect, promote, improve, and provide for the public health, safety and general welfare of the citizens of the City, and WHEREAS, The standards in the Unified Development Code are to ensure safe, orderly and efficient development in the City, and WHEREAS, The City of Schertz specifically desires to recognize the unique factors in locating and planning for the provision of public schools, and WHEREAS, The Schertz City Council as a matter of public policy aims to ensure that public schools are compatible with surrounding development, and WHEREAS, Public schools have unique needs to incorporate design elements that provide for the safety of students, and WHEREAS, All required notices have been provided, and WHEREAS, on August 10, 2016, the Planning and Zoning Commission recommended approval WHEREAS, on August 23, 2016, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; BE IT ORDAITIED C • ■ CITTC011"TICIL OF TAE CITTOF ■ • Section 1. Unified Development Code, Section 21.9.5 B of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: B. Applicability The provisions of this section are deemed to be minimum standards and shall be applicable to the following: 1. All new buildings within the corporate limits of the City except public schools; and 2. Building expansions which cumulatively increase the gross floor area more than 25% of the original building area except public schools. Section 2. Unified Development Code, Section 21.9.5. E of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: E. Office /Public Buildings 1. Applicability This section shall apply to buildings with a professional office or public use except public schools. 2. Exterior Building Materials Buildings must comply with the following: a) At least 75% of each wall (excluding windows and doors) shall be finished in one or more of the following materials: • Brick • Stone • Faux brick or stone • Tile • Stucco • Concrete tiltwallb • Split face CMUb b) Concrete tiltwall and split face CMU maybe used in conjunction with one of the other approved primary materials. Concrete tiltwall and split face CMU cannot be used for more than 30% of each fagade. 3. Glazing All buildings must comply with one of the following: a) At least 25% of the front facade ( facade adjacent to or facing a public street) shall be comprised of windows or glass doors. For buildings that are adjacent to or face two or more public streets at least 20% of each facade adjacent to or facing a public street shall be comprised of windows or glass doors. For buildings that are not adjacent to or face a public street, but instead face or front a private drive, the facade that faces or fronts on the private drive that provides for primary access shall be considered as the front facade; MI b) Windows and doors may be spread around the building, the minimum amount of required windows or glass doors is calculated as 50% of the front facade ( facade adjacent to or facing a public street). For buildings that are adjacent to or facing two or more public streets the minimum amount of required windows or glass doors is calculated as 40% of the total area of the facades adjacent to or facing public streets. 4. Articulation and architectural features a) Horizontal articulations or offsets are required on any wall greater in length than 50 linear feet. (1) The depth of the articulation or offset shall be a minimum of two feet (2'). Articulations or offsets can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or offset shall be a minimum of 20% of the total length of the entire wall. b) Vertical articulations or elevation changes are required on all walls and should be designed to screen rooftop equipment. (1) The height of the articulation or elevation change shall be a minimum of two feet (2'). Articulations or elevation changes can be of varying depth as long as the minimum two feet (2') is met. (2) The length of the new plane created by the articulation or elevation change shall be a minimum of 20% of the total length of the entire wall. 5. Roof Treatments Fagade articulations shall provide for vertical and horizontal screening of air conditioning units and all mechanical equipment located on rooftops. The minimum height of the screening shall be equal to the height of the tallest rooftop equipment. Section 3. Unified Development Code, Section 21.9.7 E of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: E. Landscape Installation Required 1. A minimum of twenty percent (20 %) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent (20 %) requirement shall apply to each phase as it is developed. 2. All properties shall provide shade trees at a ratio of nine (9) trees per acre (43,560 square feet) of gross lot area. Industrial property shall provide shade trees at a ratio of nine (9) trees per acre, calculated at sixty percent (60 %) of the gross lot area or by exclusion of the main enclosure structure ground floor area from the gross lot area, whichever is less. Public schools shall provide shade trees at a ratio of at least four (4) trees per acre. Existing trees may be counted toward meeting the requirements of this section. a. Every single family residential lot shall provide a minimum of three (3) shade trees which shall include a minimum of one (1) tree in the front yard and one (1) tree in the rear yard. b. Any property that is unable to satisfy the tree requirements of this section shall be required to pay tree mitigation fees in accordance with section 21.9.9 of this UDC. 3. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. 4. Artificial plants or turf shall not be counted towards meeting the requirements of this section. Section 4. Unified Development Code, Section 21.9.7 H of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: H. Parking Area Landscaping Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from these standards. Section H does not apply to public schools. Interior Landscaping A minimum of ten percent (10 %) of the gross parking areas shall be devoted to living landscaping which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and /or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. a. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. b. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. C. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. d. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 2. Perimeter Landscaping All parking lots and vehicular use areas shall be screened from all abutting properties with a wall, fence, hedge, berm or other durable landscape barrier. All parking lots and vehicular use areas shall be screened from all abutting public rights -of -way with a wall, berm or combination of hedge and berm. Any living barrier shall be established in a minimum five foot (5') planting strip. Plants and materials used in living barriers shall be at least thirty inches (30 ") high at the time of planting and shall be of a type and species that will attain a minimum height of three feet (3') one (1) year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet (3') high at time of installation. Perimeter landscaping shall be designed to screen off - street parking lots and other vehicular use areas from public rights -of -way and adjacent residential properties. a. Whenever an off - street parking or vehicular use area abuts a public right - of -way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right -of -way and the off - street parking or vehicular area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right -of -way shall be permitted through all such landscaping. b. Whenever an off - street parking or vehicular use area abuts an adjacent residential property line, a perimeter landscape area of at least ten feet (1.0') in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for single family residential purposes, a landscape buffer shall include a masonry wall and hedge, or berm which shall be a minimum of three feet (3') in height and a maximum of eight feet (8') in height. C. Perimeter landscape areas shall contain at least one (1) shade tree for each fifty linear feet (50'), or fraction thereof, of perimeter area. Section 5. Unified Development Code, Section 21.9.8 B 3 of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: 3. Fences Adjacent to Residential Property Where any nonresidential or multifamily use, lot or parcel except public schools is adjacent to or separated by only a local street or alley from a lot or parcel that is zoned for single family residential use, the nonresidential or multifamily use shall construct a masonry screening wall a minimum of eight feet (8') in height. The screen shall be located no closer to the street than the property line. Such screening wall shall be maintained in good condition. Any sections of this UDC or any other City ordinances, codes or regulations concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a right -of -way. Where any nonresidential or multifamily use, lot or parcel is located in such a manner so as to be at a higher elevation than an adjacent lot or parcel that is zoned for single family residential use, the required masonry screening wall shall be constructed on the higher elevation so as to mitigate the adjacent residential property from the impacts of the adjacent use. Section 6. Unified Development Code, Section 21.9.9 B 1 of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: B. Applicability and Exemptions 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; C. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected or Heritage Tree in the City limits. Section 7. Unified Development Code, Section 21.10.4 A of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: A. Off - street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 21.10.4 -• • Parking Requirements Use Type Parking .Requirement Amusement, Commercial 10 spaces, plus 1 space for each 100 square feet of (Indoor) total floor area over 1,000 square feet Amusement, Commercial 1 space per 500 square feet of outdoor site area Outdoor plus 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or 1 space for each 250 square feet of gross floor area Other Financial Institution Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group 1 parking space for each 2 beds Home, Home For The Aged Dance, Assembly And 1 space for each 100 square feet used for assembly Exhibition Halls Without Fixed or dancing Seats Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed Table 21.10.4 Schedule of Off-Street Parking Requirements Use Type Parking Requirement 1 space for each sleeping room or suite plus 1 Hotel Or Motel space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And 10 spaces plus 1 space for each 300 square feet of Student Centers floor area Lodging Houses And Boarding 1 space per each two (2) persons capacity of Houses overnight sleeping facilities Manufacturing, Processing Or 1 space for each 2 employees or 1 space for each Repairing 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area 1 space for each 300 square feet of office floor area Miniwarehouse plus 1 space for each 3,000 square feet of storage area 1 parking space for each 50 square feet of floor Mortuary /Funeral Home space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two - Family, Condominium Or Other 1.5 spaces per bedroom Similar Use Offices 1 space for each 250 square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity 1 space per person capacity of permanent sleeping Buildings And Sorority facilities Buildings Residential Care Facility 1 space per each two (2) persons 1 parking space for each 100 square feet of gross Restaurants floor area, or 1 space for each 4 seats, whichever is less based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area Parking shall be provided at a ratio approved by School, All Other Schools City staff based on a parking study provided by the applicant that shall include vehicle stacking requirements Parking shall be provided at a ratio approved by School, High School And City staff based on a parking study provided by the Vocational applicant that shall include vehicle stacking requirements Shopping Center Or Mall 1 space for each 250 square feet of gross floor area Single Family Attached And 2 parking spaces per dwelling unit Detached Dwelling Units Table I Schedule of Off-Street Parking Requirements Use Type Parking Requirement Theaters, Auditoriums, Spaces or Berths Churches, Assembly Halls, 1 space for each 4 seats or 1 space for every 100 Sports Arenas, Stadiums, Conference Center, Convention square feet of gross floor area, whichever is less Center Or Other Place Of Public (based on maximum design capacity) Assembly 2 50,000 — 100,000 1 space for each 3,000 square feet of sales area Vehicle Sales Or Rental (open and enclosed) devoted to the sale, display or Each Additional rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area 150,000 1 space for each 2 employees or 1 space for each Warehouse 1,000 square feet of total floor area, whichever is greater Section 8. Unified Development Code, Section 21.10.8 A of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: All retail, commercial, industrial and service structures shall provide and maintain off - street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All public schools shall provide adequate stacking for vehicles based on a parking study approved by City Staff. Such off - street loading space may be adjacent to a public alley or private service drive or may consist of a truck berth within the structure. Such off - street loading space or truck berth shall consist of a minimum area of ten feet (10') by forty feet (40') and the spaces or berths shall be provided in accordance with the following schedule: able 21.10.8 Square Feet of Minimum Required Gross Floor Area in Spaces or Berths Structure 0-5,000 None 5,000 — 15,000 1 15,000 — 50,000 2 50,000 — 100,000 3 100,000 — 1.50,000 4 Each Additional 50,000 over 1 150,000 Section 9. Unified Development Code, Section 21.14.3 C of the Code of Ordinances of the City of Schertz, Texas is hereby as follow: C. Landscape Buffer In addition to the requirements of section 21.9.7 of this UDC for landscaping, a minimum twenty foot (20') wide landscape buffer shall be provided adjacent to any public right -of -way. Trees shall be planted at an average density of one (1) tree per twenty linear feet (20') of street frontage except for public schools. The landscape buffer shall require an irrigation system and shall be maintained by the property owner. Section 10. Unified Development Code, Section 1.6 of the Code of Ordinances of the City of Schertz, Texas is hereby amended to add the following definition: Public Schools — include elementary, intermediate, middle, junior high, high and alternate schools operated by a public school district but does not include administrative and support facilities and buildings not located on a school campus or do not solely support one campus. Section 1.1. 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 12. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 14. 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 15. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED and ADOPTED ON THE FINAL READING, on the 30th day of August, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, City of Schertz, Texas (CITY SEAL) Agenda No. II CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: City Manager Subject: Resolution 16 -R -67 - Consideration . and /or action approving a resolution authorizing a professional services agreement with Jackson A &E Associates, Inc. (J..Kessel /B. James) C• � 1 On November 8, 2011 the City entered into a contract for owner's representative services with Jackson A &E Associates, Inc., to provide third party owner's representative services for the multiple Capital Improvement Projects including the playscape, soccer complex, baseball complex, Animal Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 1.2 months and was extended on November 19, 2012, . November 1.8, 2013 . and November 18, 2014. This resolution authorizes a new agreement for 18 months to allow for completion of remaining Capital Improvements Projects including Fire Station #3, the Aquatics Facility, Fire Station # 2 exterior renovations, the Recreation Center repairs and other small miscellaneous renovation projects. Goal: Enhance the design process by developing uniform building standards, developing clear project scope, identifying long term energy and maintenance opportunities, and enhancing early design review to achieve value engineering without additional cost to the design firm. Ensure appropriate construction testing and documentation services occurs. These services include extensive photo documentation of the project for future review, written notices of violations and follow up documentation, and review of change order requests for validity. Also, manage the warranty phase of the new facility to ensure the construction firm completes all needed warranty work in a timely and complete manner. Community Benefit Provide greater value to the community (community goals, quality of product, and more timely construction timetables), improved design, construction, and warranty work, increased leveraging leading to cost savings on major projects, and lower long term costs (warranty, maintenance, and operations). Summary of Recommended Action Staff recommends approval of Resolution No. 1.6 -R -67 authorizing the City Manager to execute a contract with Jackson A &E Associates, Inc., to provide owner's representative services to the City of Schertz. FISCAL IMPACT The fiscal impact of the agreement is described in attached amendment to the Professional Services Agreement which includes a maximum cost of services per month of $10,000. Approval of Resolution 16 -R -67 authorizing the City Manager to execute a contract with Jackson A &E Services, Inc., to provide owner's representative services for the City of Schertz. ATTACHMENT(S) Resolution 16 -R -67 Professional Services Agreement RESOLUTION NO. 16 -R -67 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City continues to require professional services relating to monitoring and managing the City's numerous ongoing capital improvement projects on behalf of the City; and WHEREAS, City staff has determined that Jackson A &E Associates, Inc. is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to execute the contract with Jackson A &E Associates, Inc. pursuant to the Professional Services Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Amendment to the Agreement with Jackson A &E Associates, Inc. in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of August, 2016. . CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A Z,1 -- - N MIN ON MEN 50448599.1 A -1 J A C K S 0 N JACKSON A&E ASSOCIATES, INC. 1 { Architectural and Engineering Consulting • 8300 White Stallion Trail - McKinney, Texas 75070 • 214- 673 -7557 • wwwjacksonAE.com ASSOCIATES August 15, 2016 Mr. .John Kessel City Manager City of Schertz, Texas 1400 Schertz Parkway Building 2 Schertz, Texas 78154 RE: Proposal for Owner's Representative Services Dear Mr. Kessel: ,Jackson A &E Associates, Inc. (JA &E) is pleased to submit this Proposal to perform Owner's Representative Services for the City of Schertz, Texas (The City). We appreciate the opportunity to provide our professional services and look forward to working with the City of Schertz staff. Presented below is our understanding of the proposed projects and the proposed scope of services, as well as, information about the potential project schedule, fee structure, terms and conditions and authorization documents. PROJECT INFORMATION The project consists of the provision of Owner's Representative Services for Fire Station #3 during the design and construction process, replacement of glazing units in the existing Recreation Building, exterior renovations of Fire Station #2 and Administration building if funded, completion of the Aquatic Facility and other small miscellaneous renovation projects on existing City buildings as directed by the City of Schertz, Texas to assist in the design and construction process. The City will provide all information available regarding the project site and surrounding utilities, including any details regarding road and infrastructure improvements necessary. ]A CKSDN City ufSchertz, Texas -]A&EProposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page 2 of 15 ASSOCIATES SCOPE OF SERVICES The Total Scope of Services for Owner's Representation Services for the above projects is proposed to follow through until the completion of the project or eighteen months whichever occurs first. EXCLUDED SCOPE ITEMS ~ Coordination of the purchase and installation of furniture, fixtures and equipment and other direct purchase vendors ~ Post construction control and administration ~ Facilitation of formal partnering with the entire project team throughout the project ~ Coordination of any required formal dispute resolution in concert with City Attorney ~ Participation in the development and implementation of project commissioning plan Move management ADDITIONAL SERVICES Additional services for this project may be added to the Scope of Services by written scope and an Agreement Amendment. Jackson A&E Associates, Inc. can begin work on these projects upon receipt of your written acceptance of this proposal and understands that the desired time frame for project initiation i5 immediate. The total time frame anticipated to perform all phases of the Scope of Services i5 not known at this time but is anticipated to be within the eighteen months as described above. A secure office space and facility access will be provided by the City for JA&E's use and storage of project plans and documentation. J A C K S 0 N City of Schertz, Texas - JAM Proposal August 15, 2016 Owners Representative Services - Schertz, Texas Page 3 of 15 ASSOCIATES ES PROFESSIONAL SERVICE FEES The fee for JA &E's professional services on the Projects as described in this proposal is based upon the information provided for the project, the Scope of Services only, the time frame anticipated, the referenced terms and conditions, and is $10,000.00 per month with a not to exceed value of $180,000.00 which does not include expenses. Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall be reimbursed at the actual costs without markup. Reasonable telephone, postage and copying expenses are included. One color paper copy and one electronic copy (in PDF format) of all correspondence and reports are included. Other reimbursable expenses or direct costs attributable to the project required will be billed in addition to these with no markup. The cost of Professional Liability Insurance if required shall be billed at the actual cost plus ten percent. Any additional professional services required beyond this scope will be billed at the rate of $175.00 per hour. Professional services related to legal proceedings shall be billed at one and one -half times the scheduled rate. City agrees to pay jA &E's invoice upon receipt. If payment is not received within 30 days from the City's receipt of jA &E's invoice which is considered past due, City agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate, including reasonable attorney's fees and expenses if collected through an attorney. After five days prior notice to City, jA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by jA &E within 45 days of City's receipt of jA &E's invoice. City receipt of invoice will be presumed one day after hand or email delivery. MMMHMM Jackson A &E Associates, Inc. understands your need for Owner's Representative Services and is committed to providing you responsive, effective and timely consulting services. ]A CKSDN City ufSchertz, Texas -]A&EProposal Own crs Representative S ni cc� - 5ch c �. Texas ASSOCIATES August l5'Z0l6 Page 4 of 15 To authorize this proposa|, please return one signed copy of the Contract for our files. This proposal, with the attached Terms and Conditions, will constitute the Agreement for this project Respectfully submitted, Jackson A&E Associates, Inc. Qlf eA.-g—, Philip R Gaudreau, Assoc A|A,CSI Managing Principal City of Schertz, Texas John CKesse|, City Manager ]A CKSDN City ufSchertz, Texas -]A&EProposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page 5 of 15 ASSOCIATES SCOPE OF SERVICES OWNER REPRESENTATION SERVICES |. PROFESSIONAL SERVICES PROCUREMENT, PROGRAMMING AND MASTER PLANNING During the professional services procurement, we will: A. Participate in discussions with representatives of the City of 5chertz to refine the scope ofthe project. B. Meet with the City regarding the selection of a design professional and a Construction Delivery Method for the listed projects and oS3iSt in the development of the Request for Qual if ications /Proposal (RFQ/P). C. /\5Si5t in the negotiation and contract preparation with the Contractor/Construction Manager for the project including defining the scope 0fwork. D. We will JSSi5t in the appropriate consultant selection prOCe5S, including quality control and construction materials testing. E. The need for specialty consultants will be evaluated for issues such JS ge0te[hniC8| engineers, [OSt e5tinn8tOr5. 8[Ou5dGl| [On[£rns, audiovisual needs, 5e[urity, furniture and 8rt. and then the consultants as needed will be selected. F. Prepare documents for the construction delivery method chosen. G. Assist the City in evaluating the responses. H. Set up intervi8vv5, if nS[S3S8ry, and 865i5t the City in the selection of the Construction Professionals. iACKS0N City of Schertz, Texas - JA &E Proposal August 15, 2016 Owners Representative Services - Schertz, Texas Page 6 of 15 ASSOCIATES ES 1. Present the team recommendations for Construction Professionals to the City Council for their review and approval. J. Assist in the negotiation and preparation of the contract for Construction Professionals. During the programming and master - planning phase, we will: K. Meet with representatives of the City of Schertz and the selected Architect to continue to refine the scope of the project from a departmental inclusion, timing and priority approach. L. After determining the final programming criteria, we will assist in refining the project plan. M. Review and provide comments on previously commissioned studies and plans. N. Arrange and attend meetings for the A/E team to interview the various departments included to obtain initial programming and master planning data. O. Assist the A/E team in collecting data for the included departments existing systems and equipment. P. Review, provide comments and overviews of summarized information gathered. Q. During this phase of the project and others as required, we will prepare presentations for and attend meetings with the City Manager's office and City Council. J A C K S 0 N ur ASSOCIATES ES City of Schertz, Texas - JA &E Proposal August 15, 2016 Owners Representative Services - Schertz, Texas Page 7 of 15 Ii. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENT'S PREPARATION During the documentation preparation phase, we will: A. Conduct periodic meetings of the entire project team to address project status, issues and concerns. B. Review and analyze the drawings, budgets, meeting minutes and other descriptive material produced. C. Review geotechnical and environmental reports and advise the City on issues, potential effects and risks to the project. D. Review information produced applicable to local, state and federal codes and regulations, including zoning, energy, handicap access, storm -water runoff, and others, which typically cause impact for projects of the nature, anticipated. E. Provide design reviews and written comments as requested to the design team concerning contract documents produced at applicable phases of the project. F. Prepare a presentation to the City on the progress of the drawings, budgets and other descriptive materials at the Schematic Design, Design Development and the completion of Construction Documents. G. During the course of the various design phases and after the bids for the project are received, we will represent the owner during the value engineering process to aid in achieving a balance between cost and the facility requirements. J A C K S 0 N u City of Schertz, Texas - JA &E Proposal ` Owners Representative Services - Schertz, Texas ASSOCIATES ES August 15, 2016 Page 8 of 15 Ill. BIDDING, CONSTRUCTION CTIO MONITORING AND CONTRACT CLOSEOUT During the bidding phase, we will: A. Work with the Construction Professionals in their prequalification process for contractors and subcontractors for the project. B. Assist in appropriate contractor and subcontractor selection process. C. Review of potential bidders and assist in soliciting bids for the construction. D. Work with the Construction Team to evaluate the costs for appropriate completeness based on documentation presented. E. Review all construction related costs (excluding soft costs) and provide an opinion as to its adequacy and appropriateness in relation to industry standard costs. Opinion of Cost Review will be conducted on information provided. F. Review the construction progress schedule and form an opinion as to appropriateness of the projected sequencing, duration of work items, and realism of the estimated Project completion based on the scope of the Project and the current availability of both materials and labor. During the construction observation phase, we will: G. Make scheduled bi- weekly site review visits to the Project and such additional site review visits, as directed by City, to observe the quality of workmanship, substantiation of costs in place and the adequacy of balances complete, and the status of construction completion. H. Review and provide additional information for construction reports submitted to those interested parties that includes information concerning the description of obvious conflicts, deficiencies and omissions between the construction observed in place and the contract documents. In addition, iACKS0N City of Schertz, Texas - JA &E Proposal August 15, 2016 Owners Representative Services - Schertz, Texas Page 9 of 15 ASSOCIATES ES outstanding defects or deviations noted in previous construction reports will be described noting the correction or resolution, if any. I. Report on the progress of the construction to date in relation to the Construction Manager's projected construction schedule, noting concerns or issues with sequencing or completion timing. J. Review existing and ongoing soils, structural steel, concrete and other testing results (as prepared by others) for compliance with specification requirements and describe the effect, if any, upon the use of the structure in the event of a deficiency. K. Notify the City of unsatisfactory work or plan deviations observed, and review and report on corrective action taken. L. Review the construction progress to date to determine that the work has been generally accomplished in a good and workmanlike manner and is in general accordance with the intent of the contract documents. M. Provide quality, labeled, color or digital photographs, if desired, within the Construction Report(s) to more explicitly relate to the observations described. N. Review monthly reports and draw requests, as well as proposed changes in order to provide opinion to City as to the appropriateness of the progress and request for funds with respect to percent complete of work items. O. Review safety programs developed by the Construction Manager for the contractors and subcontractors and note any deficiencies in the implementation of such programs. During the contract closeout phase and upon substantial completion of the Project, we will: P. Assist in the creation of the City's punch list. Q. Review the Architect's punch list identifying the remaining items necessary for correction and completion of Contractor's work and evaluate whether ]A CKSDN City ufSchertz, Texas - JAM Proposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page 10of15 ASSOCIATES said list is complete and correct based on previous monthly observation' and see to the timely completion and resolution of such items on the punch list. R. Review applicable municipal or governmental final sign-offs, which are provided to consultant including, but not limited to, final certificates of occupancy. S. Assist in the contract close out process. J A C K S 0 N City of Schertz, Texas - JA &E Proposal August 15, 2016 �) Owners Representative Services - Schertz, Texas Page 1 1 of 15 ASSOCIATES ES JA &E TERMS AND CONDITIONS Jackson A &E Associates, Inc. QA &E) is pleased to provide the services described in the foregoing proposal. The purpose of this document is to obtain your authorization for the work requested and the terms and conditions under which these services are provided as shown on this document. Compensation for services rendered will be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work authorization. 1. SERVICES. Jackson A &E Associates, Inc., through and by its officers, employees, and subcontractors, (hereinafter JA &E) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by this Agreement. 2. PAYMENT TERMS. Client agrees to pay JA &E's invoice upon receipt. If payment is not received within 30 days from the Client's receipt of JA &E's invoice which is considered past due, Client agrees to pay a service charge on the past due amount at the greater of 1% per month or the allowable legal rate. After five days prior notice to Client, JA &E may suspend services until paid on any project where payment of invoiced amounts not reasonably in dispute is not received by JA &E within 45 days of Client's receipt of JA &E's invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA &E. Time is of the essence of this provision. Either party may terminate this Agreement without cause upon 30 days prior written notice. This Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests termination prior to completion of proposed services, Client agrees to pay JA &E for all reasonable charges incurred to date and associated with termination of the work. 3. STANDARD OF CARE. JA &E will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of JA &E's profession practicing in the same or similar locality at the time of service. No other warranty, express or implied, is made or intended by our proposal or by our oral or written reports. 4. INSURANCE. JA &E does not carry but can obtain and maintain insurance coverage as follows: Worker's Compensation Insurance - statutory. Employer's Liability Insurance - $1,000,000 Commercial General Liability Insurance - $1,000,000 Excess Umbrella - $1,000,000 Professional Errors & Omission - $1,000,000 JA &E does maintain automotive insurance as required by the State of Texas 5. PROFESSIONAL LIABILITY. For additional consideration from JA &E of $1.00, receipt of which is hereby acknowledged, Client agrees that JA &E's liability, and that of its officers, directors, employees, agents and subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or breach of contract by JA &E will be limited to an aggregate of $25,000. If Client prefers to have higher limits of professional liability, JA &E agrees to try to increase the aggregate limit, up to a maximum of $1,000,000, upon Client's written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of JA &E's total charges, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by JA &E and is not a charge for additional professional liability insurance. This limitation shall not apply to the extent prohibited by law. ]A CKSDN City ufSchertz, Texas - JAM Proposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page 12 of 15 ASSOCIATES 6. EXTENSION OF PROTECTION. Client agrees that any all limitations of ]AM's liability and indemnifications by the Client to JAM shall include and extend to those individuals and entities JAM retains for performance of the services under this Ageement, including but not limited to]A&E's officeo, partners and employees and their heirs and ussigns, as well as]A&E's subcnnsukants and their ohlcers, employees, heirs and assigns. 7. CORPORATE PROTECTION. it is intended by the parties tothis Agreement that ]A&Cs services shall not subject ]A&E's individual emp|oyees, nf0cers, dimcton, managers or partners to any personal legal exposure for the risks associated with the services. Theefne, and notwithstanding anything to the contrary herein, Client agrees that us the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against JAM, u Texas [nrponuion, and not against any of]A&E's individual employees oUlcurs, dimctors, managers or partners. 8. SITE OPERATIONS. Client will arrange for right-of-entry to the property for the purpose of performing project manugement, studies, tests and evaluations pursuant tothe agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. ]A&E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface conditions owned by Client or third parties, except tothe extent such damage or loss is a result nfJAM's negligence. Otherwise, Client agrees for the additional consideration of$l.00. receipt ofwhich is hereby acknmw|edged, to the extent permitted by law, to indemnify JAM, its oMlcars, dimctors, emp|oyeos, agents and subcontractors, from any such daim, suits orlosses, including related reasonable attorney's fees. ]A&E will take reasonable precautions to minimize damage to the property caused by our operations. Unless otherwise stated in]A&Es pnnposa|, our changes do not include cost of restoration due to any related damage which may result. If Client requests JAM to repair such damage, JAM will do so at an appropriate additional cost. 9. FIELD REPRESENTATIVE. The presence ofJAM's or its subcontractor's field penmnne|, either full-time or pau-hme, maybe for the purposes of providing project administration, assessment, observation and/or 0u|d testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained by JAM be involved in the project, Client will advise such cuntracuor(s) that JA&E's services do not include supervision or direction of the means, methods or actual work of the contracuor(s), its employees or agents. Client will also inform contractor that the presence of]A&E's field representative will not relieve the contractor of its responsibilities for performing the work in accordance with its agreement with Client. Ka contractor (nut a subcontractor of JAM) is involved in the puUmt. Client agees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for working condition on the job site, including security and safety of all persons and property during performance of the wmrk, and compliance with all Client safety requirements and OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed thutJA&E will not be responsible for job or site safety or security onthe project, other than for ]A&E's employees and subcontractors, and that JAM does not have the duty or right to stop the work of the contractor. lO. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered at the site which could substantially alter the necessary services or the risks involved in comp|eting]A&E's services. If this occurs, JAM will suspend services and promptly notify and consult with Client, but will act based on JAM's sole judgment where risk to JAM personnel is involved. Possible actions could include: ]A CKSDN City ufSchertz, Texas - JAM Proposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page l] of 15 ASSOCIATES a) Complete the original Scope of Services in accordance with the procedures originally intended in our proposal, if practical in]A&E'sjudgment; W Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; c) Terminate the services effective on the date specified byJA&E in writing. )l. DOCUMENTS. JA&E will furnish Client the agreed upon number of documents and supporting information. These instruments of service are furnished for Client's exclusive internal use and m|iunce, use of Client's mnunse|, use of Client's qualified bidders and for regulatory submittal in connection with the proposed services provided for in this Agreament, but not for advertising or other type of distribution, and are subject to the following: a) All documents generated byJA&E under this Agreement shall remain the sole property of]A&E ]A&E shall retain all common |uw, statutory and other reserved rights, including the copyright thereto. Any unauthorized use or distribution of]A&E's work shall be at Client's and recipient's sole risk and without liability tn]A&E. ]A&E may retain aconhdentia| file copy of its work product and related documents. b) If Client desires to e|ease, nr for ]4&Eto provide, our work product(s) to athivd party not described above for that party's reliance, ]A&Ewill agree to such release provided we receive written acceptance from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g. Secondary Client Agmemend. Work product(s) provided for disclosure of information only will not require separate agreement. Client acknowledges and agrees to inform such third party that ]A&E's work product(s) reflects conditions only at the time of the study and may not reflect conditions at a later time. Client further acknowledges that such request for release creates u potential conflict of interest forJA&E and by this request waives any such claim should JA&E comply with the request. c) Client agrees that all documents furnished to Client orClient's agents or designees, if not paid for, will be returned upon demand and will not be used by Client or any other entity for any purpose whatsoever. Client further agrees that documents provided by]A&E pursuant to this Agreement will not be used for any project not expressly provided for in this Agreement vvithout/A&E's prior written approval. d) Client shall furnish documents or information reasonably within Client's control and deemed necessary by]A&E for proper performance of our services. ]A&E may rely upon Client-provided documents in performing the services under this Agreement; however.JA&E assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of [|ient, but]A&E may retain one confidential file copy as needed tn support our work product. 12. CLAIMS. The parties agree to attempt to resolve any dispute without resort to |higahon, including use of non-binding medimion, prior to filing of any suit However, in the event a claim results in |idgation, and the claimant does not prevail at triu|, then the claimant shall pay all costs incurred in pursuing and defending the claim, including reasonable attorney's fees. ll OPINIONS OF COST. If requested, ]A&E will use its best efforts and experience on similar projects to provide realistic opinions of probable costs for emediaoion, repair or construction as appropriate bused on reasonably available data or]A&E's recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in writing byJA&E. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, contractor skiUs, and many other factors beyond]A&E's control. JA&E makes no wmrmnty, express or imp|ied, that bids or negotiated costs of such work will not vary from ]A&E's opinions of probable costs. ]A CKSDN City ufSchertz, Texas — JAM Proposal August l5'Z0l6 � Owners Representative Services - 5chcrtz. Texas Page 14 of 15 ASSOCIATES 14. TESTIMONY. Should ]A&E or uny]A&E employee be compelled by law to provide testimony or other evidence by any party, whether atdeposition, hearing or trial, in m|minn to services provided under this Agreement, and ]4&E is not a party in the dispute. then ]A&E shall be compensated by Client for the associated reasonable expenses and |abnrfor]A&E's preparations and testimony atappropriate unit rates. 15. CONFIDENTIALITY. ]A&EviU maintain as confidential any documents or information provided by Client and will not m|oaae, distribute or publish same to any third party without prior permission from Client, unless compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur only after prior notice ^oClient. 16. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas. 17. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between Client and]A&E shall survive the completion of the services and the termination of this Agreement. 18. 3[VEKAQ|L|TY. In the event that any provision of this Agreement is found to be unenforceable under |aw, the remaining provisions shall continue in full force and effect. 19. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the other. 20. CONSIDERATION. The parties agree that the charges for]A&E's services are sufficiently adjusted to include any specific consideration payable to Client under these terms and conditions. 21. INTEGRATION. This Agnement, the attached documents and those incorporated by reference herein constitute the entire Agreement between the parties and cannot be changed except byuwritten instrument signed by both parties. 22. STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that JA&E's services are completed orterminated. 33. CLIENT DISCLOSURE. Client agrees to advseJA&E upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that presents u potential danger to human hoalth, the envivonment, nr]A&E's equipment. Client agrees to provide JA&E continuing related information as it becomes available to the Client. 8y virtue of entering into this Agreement or providing services hereunder.]A&E does not assume control of or responsibility as an operator or otherwise for the site or the person(s) in change of the site, or undertake responsibility for reporting to any fedem|, state or local public agencies any conditions at the site that may present a potential danger to public heukh, safety orthe environment. Client agrees under advice of its counsel to notify the appropriate fedem|, state or local public agencies as required by law; or otherwise to disc|nse, in atime|y manner, any information that may be necessary to prevent damage to human health, safety, or the environment. 24. ENVIRONMENTAL INDEMNITY. In connection with toxic orhazardous substances or constituents, including but not limited to mo|d, and to the maximum extent permitted by law, Client agrees to defend, hold hann|ess, and indemnify ]A&Efrom and against any and all claims, |iabi|ides, or judgments, except tothe extent finally determined as being caused by]A&E's negligence or willful misconduct, resulting from: ]A CKSDN City ufSchertz, Texas — JAM Proposal August l5'Z0l6 � Owners Representative Services -5chcrtz.Texas Page 15 of 15 ASSOCIATES a) Client's violation of any federa, state, or local stamte, egu|adon, or ordinance relating to the management nr disposal of toxic or hazardous substances orconstituents; b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or disposal of toxic or hazardous substances or constituents found or identified at the site; d Toxic or hazardous substances or constituents introduced at the site by Client or third persons bmfoe, during, or after the completion of]A&E'sservices; d) Allegations \hatJA&E is u hund|er, generator operator, temer, stnrer, tmnspnner, or disposer unless expressly retained by Client for such services under the Resource Conservation and Recovery Act of l976as amended or any other similar federal, state or local regulation, ordinance, or law due toJA&E's services; e) A release of toxic or hazardous substances or constituents at or from the project site before, during, or after completion of]A&E's services under this Agreement. Any third party suit or claim for damages against ]A&E alleging strict UabiUty, personal injury (including death) or property damage from exposure. 25. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing and any remnants are disposed of immediately upon completion of tests. Remaining samples and other specimens are disposed of30 days after submission of]A&E'sreport. END OF JA&E TERMS AND CONDITIONS Agenda No. 12 CITY COUNCIL MEMORANDUM City Council Meeting: August 23, 2016 Department: Subject: BACKGROUND Mayor/Council Resolution No. 16-R-68 — Adopting Philosophy and Policy Statements During the July 29, 2016 City Council Mid Budget Retreat, discussions were held regarding adoption of philosophy and policy statements as it relates to Roadway Stewardship and a Balanced City approach. This philosophy resolution is similar to the Compensation Philosophy document Council approved last year, that helped prioritize how to balance implementing the market study in as fair and effective manner as possible. This resolution is intended to help do the same for roadway maintenance funding. Implementing a Roadway Stewardship philosophy will help to effectively spend scarce roadway funds in order to maximize the benefits to the entire City, as well as communicate a clearer plan to our community about how we intend to manage our roadway maintenance. Also, by following this philosophy, it will be able to aide in the decision making of which road, which repair, who to do it, and when to do it. Additionally, City Council recognized the need to keep in mind the many important factors that affect our City when prioritizing funding for roadways. By establishing a series of policy statements to help the City work toward this Balanced City approach, it will help accomplish this task in an open and transparent manner. City Council and Staff agreed to bring forward a resolution acknowledging support and provide transparency. FISCAL IMPACT RECOMMENDATION Staff recommends Council approve Resolution No. 16-R-68 ATTACHMENT Resolution No. 16-R-68 RESOLUTION NO. 16 -R -68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz (the "City ") wishes to adopt Philosophy and Policy Statements as it relates to Roadway Stewardship and a Balanced City; and WHEREAS, the City Council recognizes that implementing a philosophy on Roadway Stewardship can help in effectively spending scarce roadway funds in order to maximize the benefits to the entire City; and WHEREAS, having a Roadway Stewardship philosophy assists City Council in answering the questions of which road, which repair, who to do it, and when to do it; and WHEREAS, the City Council recognizes there are many important factors affecting our City that need to be kept in mind when prioritizing roadway funding; and WHEREAS, the City wishes to both perform well in difficult times and to hold back in good times, to achieve long -term consistency, to maintain control in uncertain times, and to build capacity for unexpected events; and WHEREAS, the City Council has determined that it is in the best interest of the City to be transparent and adopt the Roadway Stewardship philosophy and policy statements to achieve a Balanced City. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the following philosophy statement be adopted regarding the City's Roadway Stewardship model: • The Pavement Condition Index (PCI) should be the major driver of the City's maintenance priorities, including which roads to work on first and what type of repairs to do in order to foster the best results for every dollar spent. Section 2. The City Council hereby authorizes the following policy statements be adopted regarding a Balanced City approach: • The City needs to continue to invest in its full range of city services, from core services to quality of life to economic engine. An over emphasis in one area will inherently be at the expense of another. • The City will agree upon the right balance of cost, time and quality in order to achieve a thoughtful and appropriate solution. • The City will make consistent progress on a variety of projects every year, not just one project each year, thereby striving toward a balanced approach. • There will be a distribution of work to many City departments, not to just one department, thereby striving toward a balanced approach. • The City will recognize limitations in skills or resources prior to committing to larger projects or more aggressive timetables. • The City will perform phased or scaled jobs that allow success, learning, and agility when possible, while not over - committing resources. This promotes greater calibration and prepares us for addressing unexpected needs. • The City will recognize and address the resources that are needed to maintain current responsibilities when considering taking on additional responsibilities. 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 23rd day of August, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter City Secretary, Brenda Dennis (CITY SEAL)