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09-27-2016 Agenda with backupCity Council Agenda REGULAR SESSION CITY COUNCIL SEPTEMBER 27,2016,6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a team Call to Order — City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro -Tem Edwards) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Proclamation Proclamation recognizing Fire Prevention Week. (Mayor /Council/D. Covington) Presentation • Presentation regarding the Certificate of Achievement for Excellence in Financial Reporting. (B. James /J. Santoya) Workshop • Discussion regarding the recent Employee Engagement Survey. (J. Kessel /S. Gonzalez /Dr. Landuyt) 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. 09 -27 -2016 Council Agenda All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 13, 2016. (J. Kessel/B. Dennis) 2. Boards, Commissions and Committee Member Resignations and Appointments — Consideration and/or action ratifying the resignation of Becky Scheffler of the Schertz Library Board and the appointment of Dawn Figueras. (B. Dennis) 3. Resolution No. 16 -R -76 — Consideration and/or action approving a Resolution re- appointing Justin Murray to the Board of Directors Place D -2 of the Cibolo Valley Local Government Corporation. (D. Wait /D. Wait) 4. Ordinance No. 16 -S -32 — ZC2016 -007 — Consideration and/or action approving an Ordinance on a request to rezone approximately 90 acres of land generally located 1,375 feet southeast of the Trainer Hale Road and FM 1518 intersection, from Pre - Development District (PRE) to Planned Development District (PDD) with associated Master Development Plan. Final Reading (B. James /L. Wood/B. Cox /C. Gould) 5. Excused Council Absences — Consideration and/or action excusing City Council Member absences for the following date: September 13, 2016. (B. Dennis/Mayor /Council) Discussion and Action Items 6. Cancellation of the November 8, 2016 City Council meeting — Consideration and /or action cancelling the November 8, 2016 City Council meeting due to Election Night. (B. Dennis/Mayor Carpenter) 7. Resolution No. 16 -R -71 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a budget transfer between departments within the General Fund. (J. Kessel /J. Santoya /J. Walters) 09 -27 -2016 City Council Agenda Page - 2 - 8. Texas Municipal League Intergovernmental Risk Pool Board of Trustee Appointments — Consideration and/or action nominating Board of Trustee candidates for places 6 through 9. (Mayor /Council) 9. Resolution No. 16 -R -73 — Consideration and/or action approving a Resolution authorizing the City Manager to enter into an Interlocal Agreement between the City of Schertz and the City of Cibolo to share the costs of installing a traffic signal at the intersection of Borgfeld and Dietz Roads. (D. Wait /D. Letbetter) 10. Resolution No. 16 -R -74 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing and approving a Professional Services Agreement with Kimley -Horn and Associates, Inc., for On -Call Civil Engineering Plan Review and related services. (B. James/K. Woodlee) 11. Ordinance No. 16 -D -33 — Consideration and/or action approving an Ordinance providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86 -149 parking prohibited in front of the drainage channels on Marilyn Drive and Pecan Drive in the Val Verde U1 Subdivision. First Reading (B. James /K. Woodlee /C. Palomo) Roll Call Vote Confirmation Requests and Announcements 12. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 13. 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. 14. 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 15. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Map of Moratorium Area. (B. James) 09 -27 -2016 City Council Agenda Page - 3 - 0 Summary of Jackson A &E Savings (B. James) Executive Session 16. City Council will meet in closed session under section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Judge and Prosecutor. Reconvene into Regular Session 16a. Take any action based on discussions held in closed session under Agenda Item 16 including possible increase in salary. Roll Call Vote Confirmation 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 23' DAY OF SEPTEMBER, 2016 AT 1:00 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Pwev,�)a Devw"'s Orenda 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. Ifyou require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and 09 -27 -2016 City Council Agenda Page - 4 - 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 09 -27 -2016 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular Meeting on September 13, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of September 13, 2016. ATTACHMENTS Regular Meeting of September 13, 2016. MINUTES REGULAR MEETING September 13, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 13, 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 Michael Carpenter Councilmember Jim Fowler Councilmember Robin Thompson Staff Present: Executive Director Brian James Deputy City Secretary Donna Schmoekel Councilmember Azzoz was absent. Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:0 Mayor Pro -Tem Cedric Edwards Councilmember Daryl John City Manager John Kessel City Attorney Charles Zech 4+ . N4)e 1 p.m. 44t Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) Mayor Carpenter provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Mayor Carpenter recognized Executive Director Brian James who provided the following 114L s: yr • Thursday, September 15, Guadalupe County Crime Stoppers Annual Golf Tournament, Olympia Hills Golf Center, 11:30 a.m. Check -in, 1:00 Shotgun start. • Friday- Saturday, September 16 -17, Schertzfest — visitschertz.com for more info. • Tuesday, September 20, 2016, No City Council meeting, next meeting is on September 27, 2016. • Saturday, October 1, Rods, Hawgs & Dogs, an event by the Schertz Parks & Recreation Department /Public Affairs Department at Pickrell Park, 5 -9 p.m. • Sunday, October 2, First Baptist Church Special Worship Service, appreciation for Schertz Police, Fire, and EMS staffers, 10:00 a.m. - light breakfast reception, 10:30 a.m. — worship service. • Tuesday, October 4, National Night Out — No Council meeting. • Tuesday, October 4 — Friday, October 7, TML Conference, Austin, TX • Monday, October 10, City Offices Closed, Columbus Day 09 -13 -2016 Minutes Page - 1 - Election Reminders for voters: 1) Last Day to Register to Vote — Tuesday, October 11, 2016. 2) First Day of Early Voting — Monday, October 24, 2016. 3) Last Day of Early Voting — Friday, November 4, 2016. 4) Election Day — Tuesday, November 8, 2016. • Announcements and recognitions by City Manager (J. Kessel) City Manager John Kessel stated he wanted to brag on our IT Department and what they did over the weekend. The IT Department updated our Incode server as well as upgraded the software which was a migration to new hardware. The upgrade, was seamless; Mr. Kessel thanked the IT Department for a job well done. Presentation • Guadalupe Regional Medical Center — Prescription Assistance Program (D. Wait /Jerry Riggs) Mayor Carpenter recognized Program Director Dr. Jerry Riggs who provided a brief overview of the program and what they do. Dr. Riggs provided the following report from March 1, 2016 to August 31, 2016: k lNe • Total number of patients served by the program 1169 • Total Number of Schertz Residents served by the program 28 • Total Number of prescriptions provided by the program 19536 • Retail dollar value of prescriptions provided by PAP $4,785,250.52 • Retail dollar value of prescriptions provided to Schertz $ 185,729.75 • Number of prescriptions per Schertz patient per month 3.97 • Avg. prescription retail price (3 month supply) ( Schertz) $ 835.37 • Avg. annual retail prescription benefit per Schertz patient $ 13,266.36 Sources of program funds (annual) • Schertz contribution to the program $ 5,000.00 • Contributions to the PAP of other Cities & Governments $ 0 • Contributions to program by GRMC Employees $ 4,019.78 • Payments by patients ($15.00 /month/patient) $ 140,037.01 • Grants received for program (United Way) $ 5,000.00 • Other sources of funds (identified sources) - Rebate from True Track Testing Devices $ 748.08 - Seguin Noon Lions Club $ 300.00 - Private $ 2,405.95 • TOTAL REVENUE $ 157,510.82 • TOTAL EXPENSES $ (326,376.24) • TOTAL NET $ (168,865.42) 09 -13 -2016 Minutes page - 2 - Dr. Riggs remained available to address comments and questions from council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who suggested that brochures of the program be provided to the Senior Center, Wellmed and YMCA. Mayor Carpenter thanked Dr. Riggs for the service they provide to the City of Schertz. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Ms. Maggie Titterington, The Chamber President who provided the following Chamber updates: - Tuesday, September 20, Monthly Chamber Luncheon, 11:30 a.m. Schertz Civic Center, speaker Craig Krause who will be speaking about Thriving in the People Business. Mr. Krause will follow -up on Wednesday, September 21, 2016, with a seminar that will teach members and those attending on how to build a better team environment, hiring practices you should be utilizing, and the difference between a quota and a company goal. Randolph Brooks Federal Credit Union and Chick fil -A are the sponsors. - Wednesday, September 28, Cibolo Meet the Candidates - Friday, September 30, Coffee with The Chamber, 7:30 a.m. - Friday, October 7, Chamber Golf Classic, Bandit Golf Course - Wednesday, October 12, City of Schertz Meet the candidates - 2017 — October 27 -29, 2017- Hot Air Balloon Festival titled "Skylight Balloon Fest ". The Chamber will be working with the three local cities, Schertz, Cibolo and Selma for this regional event. Pro-TA Pro -T Edwards stated that he attended a balloon festival a few years ago in Albuquerque and it was a fantastic event and he is looking forward to our own event. • Mr. Kevin Wvest, 3153 Pencil Cholla, 20 year resident of Schertz and the U 12 Director with San Antonio Youth Soccer Association. Mr. Wvest stated recently they had a need to find some new fields for their soccer organization and was inquiring about how to work with the City of Schertz about renting some of the fields at the Schertz Soccer Complex. Mayor Carpenter replied that they have had other inquiries from other organizations over the last several days and he is recommending that he get with Executive Director Brian James to head up and coordinate some communications and see what can be worked out. • Mr. Ed Quini, President of Soccer Association for Youth of San Antonio (SAYSAT) stated that their league recently moved to Pride Park on Maske Road which is adjacent to the Schertz Soccer Complex. Mr. Quini provided Mayor, Council and Executive Management with a handout of emails from Ms. Heather Hurlbert, President, SYSA, regarding their request in renting the fields at Schertz Soccer Complex which were denied; also emails regarding SAYSAT being able to park at the complex. Mr. Quini stated that they want to be a member of SYSA and utilize the Schertz Soccer Complex and asked for their assistance. Mr. Quini invited Mayor Carpenter and the rest of the Councilmembers to come out this weekend and see first -hand what is going on at Maske Road. Their league is playing from 6 to 9 p.m. on Friday night and 8:00 a.m. to 9:00 a.m. on Saturday. They 09 -13 -2016 Minutes Page - 3 - would like to showcase what their league brings to the City of Schertz. Mr. Quini expressed his concern regarding the large number of cars parked on Maske Road and doesn't want to see any incidents, which is one of his number one concerns. Mr. Quini asked for assistance from the City of Schertz with SYSA. Discussion and Action Items. 1. Minutes – Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 6, 2016. (J. Kessel /B. Dennis) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Thompson to approve the minutes of the regular meeting of September 6, 2016. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. 2. Excused Council Absences – Consideration and /or action excusing City Council Member absences for the following date: September 6, 2016. (B. Dennis /Mayor /Council) Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve the absence of Councilmember Edwards from the regular September 6, 2016 meeting. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. 3. Ordinance No. 16 -S -32 – ZC2016 -007 – Conduct a Public Hearing and consideration and/or action approving an Ordinance on a request to rezone approximately 90 acres of land PH generally located 1,375 feet southeast of the Trainer Hale Road and FM 1518 intersection, from Pre - Development District (PRE) to Planned Development District (PDD) with associated Master Development Plan. The property is specifically described as 88.85 acres of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193, City of Schertz, Bexar County, Texas. First Reading (B. James /L. Wood/B. Cox /C. Gould) —A, The following was read into record' ORDINANCE NO. 16 -5 -32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 90 ACRES OF LAND FROM PRE- DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Planner 1 Channary Gould who stated Triple H Development, LLC is requesting to rezone approximately 90 acres of land from Pre - Development District (PRE) to Planned Development District (PDD) in order to develop a single family residential subdivision with up to 147 single - family residential units and approximately 36 acres of public parkland. The property currently has one single family dwelling unit and the remainder is undeveloped. 09 -13 -2016 Minutes Page - 4 - The proposed zoning consists of a base zoning of Single Family Residential District (R -1) with modified dimensional requirements and other specific development standards. Below is a list summarizing the most significant proposed modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Section II - Dimensional Requirements -The PDD proposes to meet the R -1 zoning district setbacks of 25' front yard, 10' side yard, and 20' rear yard with the exception that up to 20 linear feet of the building width may have a reduced minimum rear yard setback of 10 feet to allow for more flexibility in home design. 2. A minimum thirty -nine percent (39 %) of the gross total acreage will be provided as open space and parkland. This total includes the acreages of the detention lots. 3. A 70 -foot landscape buffer is proposed along FM 1518 in lieu of an 8 -foot tall masonry wall. 4. Two (2) primary entrance signs are propoa.; - - one for each entrance. +46W 5. The applicant is proposing a wider street cross - tio; aT%w for on- street parking along the street section adjacent to the northern parklan 6. The development of the subject property shall generally nfo to the attached Master Development Plan exhibit. The public hearing notice was published in "The Daily Commercial Recorder" on August 26, 2016 and the "Herald" on August 31, 2016. Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 12, 2016. At the time of this report being prepared, Staff received one (1) response in favor of the request and two (2) responses in opposition of the request. 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 majority of the subject property as Estate Neighborhood with a portion of the site being within the Transition land use /character. The Estate Neighborhood land use /character is intended to address residential development patterns within the Residential Agriculture zoned property within South Schertz. Alternative Development options for the Estate Neighborhood Land Use /Character area designation are available to encourage clustering in order to provide for more open space. The proposed PDD includes a total of 147 single family dwelling units, which is equal to 1.65 dwelling units per acre. This is less than the maximum density of 2 dwelling units per acre as identified by the Comprehensive Land Use Plan and the Estate Neighborhood Land Use /Character. The proposed layout clusters the residential lots off FM 1518 to allow for open space areas at the northerly and southeasterly portions of the project site. The cluster design concept, in contrast to larger residential lots that are distributed across the entire project site, accommodates the proposed parklands and is consistent with the alternative development option that encourages preservation of greater open space in the Estate Neighborhood Land Use /Character area designation. 09 -13 -2016 Minutes Page - 5 - Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will concentrate the proposed residential lots off FM 1518 so that the far northerly and easterly portions of the site could be dedicated as public parkland, thereby creating large usable open space with connectivity potential. Impact of Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed residential use is consistent with the anticipated future development in southern Schertz. Impact of Public Facilities /Services: The proposed zoning request s ould have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed residential uses are currently planned for the subject property. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single family residential, agricultural use and undeveloped land. Within the localized area around the project, there is existing residential development on the west side of FM 1518 and new residential construction around the FM 1518 and Lower Seguin Road intersection. It is Staff's opinion that the rezoning request is compatible with the surrounding properties. Parks: The Master Development Plan shows approximately 36 acres of parkland that will be dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on August 22, 2016 and made a recommendation to accept the parkland dedication. The Planning and Zoning Commission conducted a public hearing on August 24, 2016 and offered a recommendation of approval with a condition to revise the language of Section II of the PDD development standards to clearly define how lot width is measured. The requested revision has been made and incorporated into the attached Ordinance. Stal' recommends approval of the rezoning request based on its compatibility with the 'acent land uses and compliance with the Comprehensive Land Plan. Ms. Gould introduced Patrick Christianson, the applicant, who is available to address any questions. Ms. Gould remained available to address comments and questions from council. Mayor Carpenter opened the public hearing and recognized the following: • Mr. Patrick Christianson, Tower Life Building, Suite 2700 San Antonio, here on behalf of Triple H Development stating he is available for questions. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Ms. Gould addressed questions from Council regarding the two (2) oppositions, the 70 foot landscape buffer, the future expansion of FM 1518 and the proposed sewer line. 09 -13 -2016 Minutes Page - 6 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No.16 -S -32, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. 4. Cancellation of the October 4, 2016 City Council Meeting — Consideration and/or action cancelling the October 4, 2016 City Council meeting due to National Night Out. (J. Kessel /B. Dennis) Mayor Carpenter recognized Mayor Pro-Tern Edwards who oved, seconded by Councilmember John to approve the cancellation of the October 4, 2016 city council meeting. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. 5. Resolution No. 16 -R -72 — Consideration and/or action approving a Resolution authorizing a Contract with The Ovid Bell Press, Inc. for printing services. (S. Gonzalez /L. Klepper) Mayor Carpenter recognized Director of Public Affairs Linda Klepper who stated the City desires to procure printing services for the printing and mailing of Schertz Magazine. Scope of work will include proper printing and assembly for monthly editions of the Schertz Magazine to produce a high quality publication. The City produces twelve (12) issues a year in monthly increments. The project was publicly bid using a Request for Pro als (RFP). This method allows the City to choose a contractor not only based on cost, but on qualifications and experience as well. Five bids were received for this project. Staff has chosen to recommend The Ovid Bell Press, Inc. for this project. The Ovid Bell Press, Inc. was the lowest bidder, and after evaluation of the review committee, staff determined that The Ovid Bell Press, Inc. was also the best value selection based on the rest of the criteria including experience, qualifications, reputation, capability, past performance, experience with other entities, experience with similar projects, available resources, and firm history and stability. Staff recommends Council approve hiring The Ovid Bell Press, Inc. for an annual contract amount not to exceed $87,000.00 for Printing Services. Funds have been budgeted and approved for this activity. The project will be paid for from the Schertz Magazine budget, code 101-172-541350 Ms. Klepper remained available to answer questions and address comments from council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -72. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, John and Thompson voting for and no one voting no. Councilmember Azzoz was absent. Motion passed. Roll Call Vote Confirmation 09 -13 -2016 Minutes page - 7 - Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call votes for agenda items 1 -5. Requests and Announcements 6. Announcements by City Manager 7. • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 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. No requests were made. 101- 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 Carpenter recognized Mayor Pro -Tem Edwards and Councilmember Thompson who expressed their thanks for a great Unity Cookout on Sunday recognizing our first responders. Adiournment f Mayor Carpenter adjourned the meeting at 6:41p.m. PA Michael R. Carpenter, Mayor ATTEST: Donna Schmoekel, Deputy City Secretary 09 -13 -2016 Minutes page - 8 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: BACKGROUND City Secretary Boards, Commissions and Committee Member Resignations and Appointments The City Secretary's office has received a resignation from Ms. Rebecca (Becky) Scheffler of the Schertz Library Board. We have also received an application from Dawn Figueras who desires to be appointed to the Library Board filling Becky's vacancy. FISCAL IMPACT None RECOMMENDATION Staff recommends ratifying the resignation of Becky Scheffler and ratifying the appointment of Dawn Figueras as an Alternate member filling Becky's vacancy. ATTACHMENTS Resignations: Becky Scheffler Application: Dawn Figueras Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Management Subject: Resolution No. 16-R-76 — Approving a Resolution re- appointing Justin Murray to the Board of Directors of the Cibolo Valley Local Government Corporation (CVLGC) BACKGROUND The CVLGC Board seat currently held by Justin Murray of Schertz has a term that expires on September 30, 2016. This is scheduled to be filled by the City of Schertz and the new term will be through September 30, 2020. It is staff's recommendation that the City of Schertz re- appoint Mr. Justin Murray to serve on the Cibolo Valley Local Government Corporation (CVLGC) Board of Directors Place D -2 for the term commencing on October 1, 2016 and ending on September 30, 2020 (the "Term "). Mr. Murray has agreed to continue to serve and the CVLGC Board of Directors supported his re- appointment and his continued service as the President of the Board. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 16 -R -XX re- appointing Mr. Justin Murray to the Board of Directors Place D -2 of the Cibolo Valley Local Government Corporation. ATTACHMENT(S) Resolution No. 16 -R -76 RESOLUTION NO. 16 -R -76 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS RE- APPOINTING JUSTIN MURRAY TO THE BOARD OF DIRECTORS PLACE D -2 OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City re- appoint Justin Murray to serve on the Cibolo Valley Local Government Corporation ( "CVLGC ") Board of Directors Place D -2 for the term commencing on October, 1, 2016 and ending on September 30, 2020 (the "Term "); and WHEREAS, the City Council has determined that it is in the best interest of the City to re- appoint Justin Murray to the CVLGC Board of Directors Place D -2 for the Term; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby appoints Justin Murray to serve on the CVLGC Board of Directors for his recommended Term. 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 27th day of September, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Planning & Community Development Subject: Ordinance No. 16 -5 -32 — Consideration and/or action on a request to rezone approximately 90 acres of land generally located 1,375 feet southeast of the Trainer Hale Road and FM 1518 intersection, from Pre - Development District (PRE) to Planned Development District (PDD) with associated Master Development Plan. The property is specifically described as 88.85 acres of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193, City of Schertz, Bexar County, Texas. (Final Reading) BACKGROUND Triple H Development, LLC is requesting to rezone approximately 90 acres of land from Pre - Development District (PRE) to Planned Development District (PDD) in order to develop a single family residential subdivision with up to 147 single - family residential units and approximately 36 acres of public parkland. The property currently has one single family dwelling unit and the remainder is undeveloped. The proposed zoning consists of a base zoning of Single Family Residential District (R -1) with modified dimensional requirements and other specific development standards. Below is a list summarizing the most significant proposed modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Section II - Dimensional Requirements -The PDD proposes to meet the R -1 zoning district setbacks of 25' front yard, 10' side yard, and 20' rear yard with the exception that up to 20 linear feet of the building width may have a reduced minimum rear yard setback of 10 feet to allow for more flexibility in home design. 2. A minimum thirty -nine percent (39 %) of the gross total acreage will be provided as open space and parkland. This total includes the acreages of the detention lots. City Council Memorandum Page 2 A 70 -foot landscape buffer is proposed along FM 1518 in lieu of an 8 -foot tall masonry wall. 4. Two (2) primary entrance signs are proposed - one for each entrance. 5. The applicant is proposing a wider street cross - section to allow for on- street parking along the street section adjacent to the northern parkland. 6. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The public hearing notice was published in "The Daily Commercial Recorder" on August 26, 2016 and the "Herald" on August 31, 2016. Nine (9) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 12, 2016. At the time of this report being prepared, Staff received one (1) response in favor of the request and two (2) responses in opposition of the request. City Council approved this on first reading at their meeting of September 13, 2016. Goal Triple H Development, LLC is requesting to rezone the approximate 90 acres tract of land from Pre - Development District (PRE) to Planned Development District (PDD) in order to create a single family residential development with a generous amount of public parkland. 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 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 majority of the subject property as Estate Neighborhood with a portion of the site being within the Transition land use /character. The Estate Neighborhood land use /character is intended to address residential development patterns within the Residential Agriculture zoned property within South Schertz. Alternative Development options for the Estate Neighborhood Land Use /Character area designation are available to encourage clustering in order to provide for more open space. The proposed PDD includes a total of 147 single family dwelling units, which is equal to 1.65 dwelling units per acre. This is less than the maximum density of 2 dwelling units per acre as identified by the Comprehensive Land Use Plan and the Estate Neighborhood Land Use /Character. The proposed layout clusters the residential lots off FM 1518 to allow for open space areas at the northerly and southeasterly portions of the project site. The cluster design concept, in contrast to larger residential lots that are distributed across the entire project site, accommodates the proposed parklands and is consistent with the alternative development option City Council Memorandum Page 3 that encourages preservation of greater open space in the Estate Neighborhood Land Use /Character area designation. Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will concentrate the proposed residential lots off FM 1518 so that the far northerly and easterly portions of the site could be dedicated as public parkland, thereby creating large usable open space with connectivity potential. • Impact of Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed residential use is consistent with the anticipated future development in southern Schertz. • Impact of Public Facilities /Services: The proposed zoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed residential uses are currently planned for the subject property. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single family residential, agricultural use and undeveloped land. Within the localized area around the project, there is existing residential development on the west side of FM 1518 and new residential construction around the FM 1518 and Lower Seguin Road intersection. It is Staff's opinion that the rezoning request is compatible with the surrounding properties. Parks: The Master Development Plan shows approximately 36 acres of parkland that will be dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9. 10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on August 22, 2016 and made a recommendation to accept the parkland dedication. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted a public hearing on August 24, 2016 and offered a recommendation of approval with a condition to revise the language of Section II of the PDD development standards to clearly define how lot width is measured. The requested revision has been made and incorporated into the attached Ordinance. City Council conducted a public hearing on September 13, 2016 and approved first reading. Staff recommends approval of final reading of Ordinance 16 -S -32 regarding the rezoning request based on its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16 -S -32 ORDINANCE NO. 16 -S -32 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 90 ACRES OF LAND FROM PRE - DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 90 acres of land generally located east of FM 1518 approximately 1,375 southeast of the intersection of FM 1518 and Trainer Hale 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 August 24, 2016, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on September 13, 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 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 13th day of September, 2016. PASSED, APPROVED AND ADOPTED on final reading the 27th day of September, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" STATE OF TEXAS COUNTY OF BEXAR Field note description of a 88.85 acre tract of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193 in Bexar County, Texas, and being comprised of the following three tracts of land: Tract 1) Being a 61.86 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 2) Being a 1.99 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 3) Being a 25.00 acre tract of land which is a portion of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. Said 88.85 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the south corner of a called 2.066 acre tract of land (Tract 11), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 2.066 acre tract of [and, North 59° 29' 32" East, a distance of 863.86 feet to a one half inch iron pin found for an interior corner of this tract, same being an interior corner of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. Said point also being the east corner of a called 14.285 acre tract of land (Tract 1), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the northeast line of the aforesaid 14.285 acre tract of land, North 30° 33' 53" West, a distance of 824.02 feet to a one half inch iron rod found for the northernmost west corner of this tract. Said point being on the southeast line of a called 100 acre tract of land as described in a deed to Helen S_ Luensmann, recorded in Volume 13294, Page 1425 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of this tract and partially along the southeast line of the aforesaid 100 acre tract of land, North 59° 50' 09" East, a distance of 1425.71 feet to a one half inch iron rod set for the north corner of this tract and being the northwest corner of a called 68.035 acre tract of land as described in a deed to Enomie M. Real as Trustee for Real Credit Trust under Will of Harold O. Real, (Deceased), recorded in Volume 6792, Page 1246 of the Official Public Records of Bexar County, Texas. THENCE with the eastern line of this tract, South 10' 48' 55" East, a distance of 1002.50 feet to a one half inch iron rod set for a corner of this tract, same being the southwest corner of a called 69.4 acres tract of land (First Tract), recorded in Volume 6795, Page 1896, of the Official Public Records of Bexar County, Texas. Said point also being on the northwest line of a called 20 acre tract of land (Second Tract), as described in a deed to Joylene Schmoekel Herrera, recorded in Volume 6795, Page 1896 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of the aforesaid 20 acre tract of land, South 59° 41' 05" West, a distance of 323.00 feet to a one half inch iron rod set for an interior corner of this tract and being the west corner of the aforesaid 20 acre tract of land. THENCE with the northeast line of this tract and the southwest line of the aforesaid 20 acre tract of land, South 30° 18' 55" East, a distance of 912.93 feet to a point for a interior corner Of this tract and being on the northwest line Of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 20 acre tract of land, North 59° 41' 07" East, a distance of 967.69 feet to a one half inch iron rod set for the most eastern north corner of this tract and being on the southwest line of a 100.939 acre tract of land as described in a deed to Allen Wiederstein, recorded in Volume 7849, Page 1552 of the Official Public Records of Bexar County, Texas. Page 1 of 2 88.85 acre tract of land THENCE with the northeast line of this tract the fonlowing two calls: South 31° 02' 19" East, a distance of 237.75 feet to a one half inch iron rod found for the southwest corner of the aforesaid 100.939 acre tract of land and being the northwest corner of a called 101.396 acre tract of land as described in a deed to Reagan Rawe and wife Jeanne Rawe, recorded in Volume 14612, Page 1869 of the Official Public Records of Bexar County, Texas, and continuing with the northeast line of this tract, South 29° 10' 01" East, a distance of 277.86 feet to a one half Inch steel pin set for the southeast corner of this tract. THENCE cutting across the aforesaid 51390 acre tract of land, South 59° 41' 07" West, a distance of 2108.21 feet to a one half inch iron pin set for the south corner of this tract and being on the northeast line of a remainder tract of a 55.289 acre tract, as described in a deed to Jamil A. Sayfi, recorded in Volume 13010, Page 289 of the Official Public Records of Bexar County, Texas. THENCE with the southwest lone of this tract, North 30° 29' 14" West, a distance of 515.54 feet to a one half inch iron rod found for an interior corner of this tract and being on the southeast line of a called 80 acre tract of land as described in a deed to Walter Stapper and wife Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. THENCE with a southeastern line of this tract, South 59° 52' 30" West, a distance of 480.67 feet to a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the most western south corner of this tract and being the west corner of a portion of a 57.289 acre tract of land (Tract 6), as described in a deed to Country Village Estates, recorded in Volume 8165, Page 717 of the Official Public Records of Bexar County, Texas. THENCE along the northeast right -of -way line of F.M. 1518 and the southwest line of this tract, North 30° 29' 00" West, a distance of 1033.17 feet to the POINT OF BEGINNING. These field notes were prepared from an on the ground survey made by Atwell, employees under my direction and supervision on May 21, 2016. Survey plat prepared this same date. JERRY• D. WILKIE ,JR.. 4724 F.Q '%1,, Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 Firm Number 10194153 (Atwell) ao 00 OD Cil n 0 m m V7 1 0 4 D r 0 M v 2 r r" m (A 0 O C m s Ill�i r�pPys� 1 � r r��d p ok s i �yJr 1� U �t a a � a Exhibit B "The Property" t f 4 Spn m SA gq� S�Q 9 �I 5 F7.�x9Qpg N CPS � zg j $a4 n gdYgQ ao 00 OD Cil n 0 m m V7 1 0 4 D r 0 M v 2 r r" m (A 0 O C m s Ill�i r�pPys� 1 � r r��d p ok s i �yJr 1� U �t a a � a Exhibit B "The Property" t f 4 Spn m S�Q 9 T F7.�x9Qpg N CPS � zg j $a4 n m �. °m Pt @� 2 S.. Y � RALLIES COVE - 88.85 ACRES X - ZONING EXHIBIT SCHERTZ, TEAS CdIIRSE - KOEHLER ERSVIMEERIRB & R9800ATES 0 � V r y � I Bill Exhibit C "The Development Standards" HALLIE S COVE An Estate Neighborhood Planned Development District Schertz, Bexar County, Texas C❑URSEN- K❑EHLER I> E N G I N E E R I N G & A S 5 O C I A T E S TBPE # F -10747 August 2016 C -1 Table of Contents I. General AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) • Dimensional Requirements Residential Zoning Districts Table 21.5.7(A) • Estate Neighborhood Planned Development District (ENPDD) - Section 21.5.13(F)(2) o Open Space Requirements III. Site Design Standards (Article 9) • Screening and Fencing — Section 21.9.8(C) o Screening Along Arterial Roadways IV. Signs and Advertising Devices (Article 11) • Subdivision Entry Signs — Section 21.11.15(D) o Maximum Number of Signs V. Transportation (Article 14) • Streets — Section 21.14.1(P) o Street Improvements VI. Amendments to the Planned Development District (PDD) APPENDIX Exhibit "A" - Zoning Exhibit Exhibit "B" - Metes and Bounds Exhibit "C" — Survey Exhibit "D" — Entry Sign Locations Exhibit "E" — Street Parking Section Exhibit "F" — Master Development Plan C-2 I. General Hallies Cove is a proposed 88.85 acre single family residential development in the City of Schertz, Bexar County, Texas. Located along FM 1518, approximately 2,800 feet north of IH 10, the property is mostly undeveloped pasture with areas of floodplain. Because of its proximity to the floodplain and the ability to offer some significant open space for use by the City of Schertz linear trail system, Hallies Cove intends to use a residential cluster option in order to maximize the open space available. Except as noted herein, the property will develop in accordance with the Estate Neighborhood Planned Development District (ENPDD) as specified in the Unified Development Code (UDC). Unless otherwise specified herein, all future development on the Property shall be governed by the UDC as amended. AFFECTED UDC ARTICLES II. Zoning Districts (Article 5) Dimensional Requirements Residential Zoning Districts Table 21.5.7(A). All buildable lots in Hallies Cove will meet the dimensional requirements for the R -1 zoning district with the exception that a maximum of twenty (20) linear feet of the building width may have a reduced minimum rear yard setback of ten (10) feet. Building width shall be measured in a straight line parallel to the lot width as defined by the UDC. Estate Neighborhood Planned Development District (ENPDD) Section 21.5.13(F)(2) Open Space Requirement: Hallies Cove will provide 39 percent (39 %) of the gross total acreage and will provide for more spacious lots with an R -1 density rather than using an extra dense lot size to meet the requirements of the ENPDD. III. Site Design Standards (Article 9) Screening and Fencing — Section 21.9.8(C) Screening Along Arterial Roadways: Hallies Cove will provide 70 feet of landscape buffer to include shrubs, trees, and meandering berms along its entire frontage of FM 1518 in lieu of the 8' tall masonry wall. C -3 IV. Signs and Advertising Devices (Article 11) Subdivision Entry Signs — Section 21.11.15(D) Maximum Number of Signs: Hallies Cove will have two (2) primary entrance signs. See Attached Exhibit for location. V. Transportation (Article 14) Streets — Section 21.14.1(P) Street Improvements: Hallies Cove will use a wider local street - residential section to provide dedicated parallel parking to the public for access to the proposed northern parkland. The street section will be adjacent to the open space and is described in Table 1. See attached Exhibit for cross - section. Table 1 Drainage Sidewalk Hike / Classification ROW Pavement Width Width Bike Trail Local Street; Curb or Residential 5 feet both 55' 35' Curb and N/A with parallel sides Gutter parking VI. Amendments to the Planned Development District (PDD) Any significant future changes from the established Dimensional Requirements for the approved PDD, or changes that alter the concept of the PDD and /or increase the density, will cause the plan to be re- submitted for approval by the Planning & Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. Adjustments to detention areas as a result of stormwater management will be considered a minor change. co = g 'ao > CA m Cdi �m n U) r o a O m C m j^' n 0 m 0 L R,Sa4� M� :aa aw 6 @� ngIII qR4 0 Al2 m oil N 1T _ R a 'A , Q� kg ft`s �I t•I/ ;a a �r Exhibit A pp 1 {Q m g$�Ys bYs 1 yyd fip Om O "En p lss @3le� go Q " a P HALLFE5 COVE — 8 $.85 ACRE$ COLRSEN•KOEHLER ENGINEERIN& & ASROWATES y s ZONING EXFIBIT 9 SCHERTZ. TEXAS. � l +Iy�\ IIIll�ll �i�ra61 �a k�49 B■ 9 !� ; a i C -4 Exhibit B STATE OF TEXAS COUNTY OF BEHAR C -5 Field note description of a 88.85 acre tract of land situated in the Eligio Gortari Survey No. 2, Abstract No. 5, County Block 5193 in Bexar County, Texas, and being comprised of the following three tracts of land: Tract 1) Being a 61.86 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 2) Being a 1.99 acre tract of land which is a portion of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas; Tract 3) Being a 25.00 acre tract of land which is a portion of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. Said 88.85 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the south corner of a called 2066 . acre tract of land (Tract I1), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 2.066 acre tract of land, North 59° 29' 32" East, a distance of 863.86 feet to a one half inch iron pin found for an interior corner of this tract, same being an interior corner of a called 80 acre tract of land as described in a deed to Walter Stapper and wife, Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. Said point also being the east corner of a called 14.285 acre tract of land (Tract 1), as described in a deed to Alan Schindler and Coral Schindler, Trustees for Alan Schindler and Coral Schindler Trust, recorded in Volume 11320, Page 494 of the Official Public Records of Bexar County, Texas. THENCE with the northeast line of the aforesaid 14.285 acre tract of land, North 30° 33' 53" West, a distance of 824.02 feet to a one half inch iron rod found for the northernmost west corner of this tract.. Said point being on the southeast line of a called 100 acre tract of land as described in a deed to Helen S_ Luensmann, recorded in Volume 13294, Page 1425 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of this tract and partially along the southeast line of the aforesaid 100 acre tract of land, North 59° 50' 09" East, a distance of 1425.71 feet to a one half inch iron rod set for the north corner of this tract and being the northwest corner of a called 68.035 acre tract of land as described in a deed to Enomie M. Real as Trustee for Real Credit Trust under Will of Harold 0. Real, (Deceased), recorded in Volume 6792, Page 1246 of the Official Public Records of Bexar County, Texas. THENCE with the eastern line of this tract, South 10° 48' 55" East, a distance of 1002.50 feet to a one half inch iron rod set for a corner of this tract, same being the southwest corner of a called 69.4 acres tract of land (First Tract), recorded in Volume 6795, Page 1896, of the Official Public Records of Bexar County, Texas. Said point also being on the northwest line of a called 20 acre tract of land (Second Tract), as described in a deed to loylene Schmoekel Herrera, recorded in Volume 6795, Page 1896 of the Official Public Records of Bexar County, Texas. THENCE with the northwest line of the aforesaid 20 acre tract of land, South 59° 41' 05" West, a distance of 323.00 feet to a one half inch iron rod set for an interior corner of this tract and being the west corner of the aforesaid 20 acre tract of land. THENCE with the northeast line of this tract and the southwest line of the aforesaid 20 acre tract of land, South 30° 18' 55" East, a distance of 912.93 feet to a point for a interior corner of this tract and being on the northwest line of a called 51.390 acre tract of land as described in a deed to Dirt Dealers XV, LTD., recorded in Volume 13010, Page 304 of the Real Property Records of Bexar County, Texas. THENCE with the southeast line of the aforesaid 20 acre tract of land, North 59° 41' 07" East, a distance of 967.69 feet to a one half inch iron rod set for the most eastern north corner of this tract and being on the southwest line of a 100.939 acre tract of land as described in a deed to Allen Wiederstein, recorded in Volume 7849, Page 1552 of the Official Public Records of Bexar County, Texas. Page 1 of 2 88.85 acre tract of land C -6 THENCE with the northeast line of this tract the following two calls: South 31° 02' 19" East, a distance of 237.75 feet to a one half inch iron rod found for the southwest corner of the aforesaid 10 0.939 acre tract of land and being the northwest corner of a called 101.396 acre tract of land as described in a deed to Reagan Rawe and wife Jeanne Rawe, recorded in Volume 14612, Page 1869 of the Official Public Records of Bexar County, Texas, and continuing with the northeast line of this tract, South 29° 10' 01" East, a distance of 277.86 feet to a one half inch steel pin set for the southeast corner of this tract. THENCE cutting aeross the aforesaid 51.390 acre tract of land, South 59° 41' 07" West, a distance of 2108.21 feet to a one half inch iron pin set for the south corner of this tract and being on the northeast line of a remainder tract of a 55.289 acre tract, as described in a deed to Jamil A. Sayfi, recorded in Volume 13010, Page 289 of the Official Public Records of Bexar County, Texas. THENCE with the southwest line of this tract, North 30° 29' 14" West, a distance of 515.54 feet to a one half inch iron rod found for an interior corner of this tract and being on the southeast line of a called 80 acre tract of land as described in a deed to Walter Stapper and wife Lonie Stapper, recorded in Volume 2643, Page 271 of the Deed Records of Bexar County, Texas. THENCE with a southeastern line of this tract, South 59° 52' 30" West, a distance of 480.67 feet to a one half inch iron pin found on the northeast right -of -way line of F.M. Highway 1518 for the most western south corner of this tract and being the west corner of a portion of a 57.289 acre tract of land (Tract 6), as described in a deed to Country Village Estates, recorded in Volume 8165, Page 717 of the Official Public Records of Bexar County, Texas. THENCE along the northeast right -of -way line of F.M. 1518 and the southwest line of this tract, North 30° 29' 00" West, a distance of' 1033.17 feet to the POINT OF BEGINNING. These field notes were prepared from an on the ground survey made by Atwell, employees under my direction and supervision on May 21, 2016. Survey plat prepared this same date. Pp+y tgyyq,r� *� Jerry D. Wilkie, Jr. Registered Professional Land Surveyor No. 4724 Firm Number 10194153 (Atwell) "PA== 4=11 V'r, I r.4') Exhibit C I immCj6s-- LEGEND SURVEY MS NO'Mt-. C-7 TW'r 3 M ArAES I immCj6s-- LEGEND SURVEY MS NO'Mt-. C-7 W.", Exhibit D __r. LE. PRIMARY PRIMARY ENTRANCE HALLIES ENTRANCE SIGN COVE SIGN wl BLOCK 1 v CCNC--, LK 2 3 4 WALK 8 24� 2 4! �4'1 �4' rl 9F . . .......... ............ ....... . .............. ... ... CONC 71 WALK EDGE OF PAVFUFN - - - - - - - - - - - - - - - - - - - - -L F.M. 51-F 80, ;�.o W, HALLIES COVE JOS NO.: 15046,CO COURSEN-KOEHLER DATE: 08/08/16, ENCINEMIN13 ASSOCIATES DRAWN: POL ENTRANCE SIGN RE%ASIONS- EXHIBIT wl C -9 Exhibit E R 55' RIGHT OF WAY FL 10' PARKWAY 35' PAVEMENT 10' PARKWAY 20' 15° 2' 5' -0" CONE. CONC, WALK WALK ASPHALT CONCRETE _ = PAVEMENT CURB & - GUTTER COMF'A : TEI: CONCRETE BASE CURB & GUTTER LOCAL STREET RESIDENTIAL WITH PARALLEL PARKING �, T _: COURSEN- KOEHLER ENGINEERINU & AssocIATEs 11KI Wao'ell SI11'P. 1011 I:: r�:. :: ,'I• T.1 210 907 9030 HALLIES COVE LOCAL STREET RESIDENTIAL WITH PARALLEL PARKING . "1 VO.: '5046.00 DATE: 08/05%16 DRAWN: PDL REVISIONS: 11111111 Ma - ZIA 111111 ° z �3 Nil DO = °° n fil r m r am r n 0 �o a m C >1m m m '�n J a A �v 0 �$ IN a f it J I} irn� s t <fl �I/11 r'Ill'Il ►I y {dr J r � I yl 11 I�fV y �{ Exhibit F av� aA 3 ai9s:I C ? c _3 gil 111111 m e HAS_LIES COVE - 88.85 ACRES MASTER DEVELOPMENT PLAN SCHERTZ,. TEXAS CEIIIRSEN"KCEHLER EHDINECRING & ASS®DiATES f �\� i a ICI` y a C -10 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 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: 09 -13 -2016 Regular Council Meeting FISCAL IMPACT None RECOMMENDATION Councilmember Azzoz Staff recommends Council approve the absence as listed above. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: BACKGROUND Administration Cancellation of the November 8, 2016 City Council meeting At the request of Mayor Carpenter, this item is being placed on the agenda to consider cancelling the November 8, 2016 City Council meeting due to election night. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the November 8, 2016 City Council meeting. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: Finance Resolution No. 16 -R -71 — A Resolution by the City Council of the City of Schertz, Texas authorizing a budget transfer between departments within the General Fund BACKGROUND With the end of the fiscal year nearing, the City is proposing to transfer funds between departments to balance three departmental budgets. The Police Department has had less turnover than expected so staff proposes transferring $40,000.00 from the Finance and $30,700.00 from the General Services personnel budgets to balance the Police Budget. $22,500 is being transferred from the General Services non personnel budget to Building Maintenance. Lastly, $22,500 is being transferred from the Engineering non personnel budget to NonDepartmental. This request is in compliance with the City Charter Section 7.07 (d) which states "Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance amount programs... from departments, offices or agencies ". This request transfers budgets between departments but does not change the overall General Fund Budget. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION Staff recommends that the City Council approve the Resolution No. 16 -R -71, approving the budget transfer to balance departmental budgets. ATTACHMENT Resolution 16 -R -71 RESOLUTION NO. 16 -R -71 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET TRANSFER BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND AND FOR OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, pursuant to Ordinance 15 -T -30, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2015 -2016 (the "Budge ), which provides funding for the City's operations throughout the 2015 -2016 fiscal year; and WHEREAS, pursuant to the City Charter Chapter 7.07 (d) states "Upon written request by the City Manager, the City Council may transfer part or all of any unencumbered appropriated balance among programs... from departments, offices or agencies "; and WHEREAS, the City needs to transfer budgeted amounts to balance departmental budgets; and WHEREAS, City staff recommends that the City Council authorize the budget transfer to balance the departmental budgets; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to make the transfer, as more fully set forth in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall transfer $40,000 from Finance and $30,700 from General Services personnel budgets to the Police personnel budget. The City shall also transfer $22,500 from General Services non personnel budget to Building Maintenance and $22,500 from Engineering non personnel budget to NonDepartmental. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All 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, the 27th day of September, 2016. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: BACKGROUND City Secretary TML Intergovernmental Risk Pool Board of Trustees Nominations The officials listed on the attached ballot have been nominated to serve a six -year term on the TML Intergovernmental Risk Pool (Workers' Compensation, Property and Liability) Board of Trustees. Each member city is entitled to vote for only one Board of Trustee Member Candidate for Places 6 through 9. Staff reached out to surrounding cities inquiring who they would be nominating and they provided the following information: City of Selma Place 6 — Mary Gaiter, Place 7 — C.J. Wax, Place 8 — Larry Melton, Place 9 — Andres Garza City of Live Oak Place 6 — Kyle Jung, Place 7 — C.J. Wax, Place 8 — Andrea Gardner, Place 9 — Rick Schroder City of Universal City Place 6 Kyle Jung, Place 7 — C.J. Wax, Place 8 — Larry Melton, Place 9 — Rick Schroder FISCAL IMPACT None RECOMMENDATION Staff recommends Council review the attached Official Ballot and select one Board of Trustee Candidate for Places 6 through 9. ATTACHMENTS Official Ballot RESOLUTION NO. 16 -R -72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH THE OVID BELL PRESS, INC FOR PRINTING SERVICES AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Public Affairs Department is charged with the responsibility of maintaining City of Schertz (the "City ") publications such as Schertz Magazine; and WHEREAS, in order to fulfill its responsibility as set forth above, the City has identified a need for printing services; and WHEREAS, five bids were received through the sealed bidding process and The Ovid Bell Press, Inc was the lowest responsible bidder and the bidder providing the best value for the City; WHEREAS, The Public Affairs staff has recommended that the City accept the bid proposal from The Ovid Bell Press, Inc for printing services; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with The Ovid Bell Press, Inc pursuant to the recommendation made by Public Affairs staff. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the contract with The Ovid Bell Press, Inc for printing services. 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 13th day of September, 2016 CITY OF SCHERTZ. TEXAS R Carpenter, Mayor ATTEST: r Brenda Dennis, City Secretary (CITY SEAL) -2- Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Subject: BACKGROUND Public Works — Streets Resolution 16 -R -73 - Consideration and approval by the City Council of the City of Schertz, Texas an inter -local agreement between the City of Schertz and the City of Cibolo related to cost sharing for a new traffic signal at the intersection of Borgfeld Road and Dietz Road. Several years ago the City of Schertz did road improvements to Borgfeld Road from FM 3009 to the Schertz City Limits at Dietz Road. As a part of this work, the City terminated its work with 4 traffic lanes meeting up to Cibolo's current 2 traffic lanes at the City Limits. Additionally at this time, both Cities agreed that a 4 -way stop was appropriate at this intersection. Now the City of Cibolo has voter approval for general obligation bonds to re- construct their portion of Borgfeld Road from Cibolo Valley Drive to Dietz Road. They will be widening the road to 4 and/or 5 lanes and abutting up to our current 4 lanes appropriately. Due to the large traffic volume that has necessitated this work in Cibolo, they have asked the City of Schertz and the Schertz Cibolo Universal City Independent School District to enter into an agreement to cost share the placement of a traffic signal at the intersection of Borgfeld Road and Dietz Road. The City Staff and the School District staff have agreed in principle on the terms of this cost sharing and City Staff would like to move forward with this agreement at this time. Goal To enter into a cost sharing agreement between the City of Cibolo and the City of Schertz to install a new traffic signal at the intersection of Borgfeld and Dietz Roads. Community Benefit This will benefit the Community through providing safer traffic flows through this busy intersection and more efficient traffic flow during times of high volume in and around Dobie Junior High. Summary of Recommended Action Staff recommends approval of the attached Resolution authorizing the City Manager to enter into this agreement with the City of Cibolo. FISCAL IMPACT This fiscal impact for this agreement will be $66,667 out of a total cost of $200,000. These funds are currently available out of the FY 2016 budgeted funds. ATTACHMENT Resolution No. 16 -R -73 Interlocal Agreement between Schertz and Cibolo regarding cost sharing of a traffic signal. RESOLUTION NO. 16 -R -73 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN SCHERTZ AND CIBOLO TO SHARE THE COSTS OF INSTALLING A TRAFFIC SIGNAL, AND OTHER MATTERS IN CONNECTION THEREWITH NOW THEREFORE, WHEREAS, the City of Schertz and the City of Cibolo have identified certain common, legitimate public purposes in entering into this agreement; and WHEREAS, the City of Schertz and the City of Cibolo intend to construct a new traffic control signal at the intersection of Borgfeld and Dietz Roads; and WHEREAS, the new traffic signal will be funded using a 3 -way cost share with the Parties and the Schertz Cibolo Universal City Independent School District; and WHEREAS, the total cost of the project is estimated to be $200,001; and WHEREAS, each Party's portion for the project is $66,667 each. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into the interlocal agreement attached in 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 27th day of September, 2016. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A COST SHARING INTERLOCAL AGREEMENT 50448599.1 A -1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CIBOLO AND THE CITY OF SCHERTZ THE STATE OF TEXAS § INTERLOCAL AGREEMENT BETWEEN § THE CITY OF CIBOLO AND THE § CITY OF SCHERTZ COUNTY OF GUADALUPE § PREAMBLE: The Parties to this Agreement ( "Agreement ") are the City of Cibolo and the City of Schertz (collectively referred to as the "Parties "). The Parties enter into this Agreement under the general provisions of the Interlocal Cooperation Act, Texas Government Code Chapter 791, under the specific authority of §791.026 and Texas Education Code §44.031(a)(5). This Agreement is made for the purpose of efficient and effective use of resources and is in the best economic interests of the Parties. The City of Cibolo and the City of Schertz are political subdivisions of the State of Texas. RECITALS WHEREAS, the Parties have identified certain common, legitimate public purposes in entering into this agreement; and WHEREAS, the governing bodies of the City of Cibolo and the City of Schertz each met in legally convened open meetings and authorized their respective representatives to enter into this Agreement; and WHEREAS, the Parties intend to construct a new traffic control signal at the intersection of Borgfeld and Dietz Roads; and WHEREAS, the new traffic signal will be funded using a 3 -way cost share with the Parties and the Schertz Cibolo Universal City Independent School District; and WHEREAS, the total cost of the project is estimated to be $200,001; and WHEREAS, each Party's portion for the project is $66,667 each. NOW THEREFORE, the Parties, for and in consideration of the covenants and agreements herein set forth to be kept and performed by them respectively, have agreed to and do hereby agree together as follows: I. DEFINITIONS A. "Breach" occurs when any of the Parties fails or refuses to perform one or more of the duties set forth in this Agreement. Page 1 of 6 B. "Parties Contribution" means each party's obligation is they pay $66,667.00 to the City of Cibolo as its portion of Project Costs. C. "Traffic Control Signal" means the constructed equipment and appurtenances used to control traffic at a specified intersection. D. "Force Majeure" means an event beyond the reasonable control of a party obligated to perform an act or take some action under this Agreement including, but not limited to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act of civil or military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe snow storms or utility disruption, strikes, and lockouts. E. "Notice" occurs upon written communication by one party to the other as specifically defined in this Agreement. Notice to the Parties is satisfied by written communication to the address designated in Paragraph 6. F. "Project" means the completion of the construction of the Traffic Control Signal at the intersection of Borgfeld and Dietz Roads. G. "Site and Construction Plans" means a depiction showing the mutually agreed specifications for the equipment and appurtenances required to construct a traffic control signal. H. Use of the singular shall include the plural, and vice versa, where the usage permits reasonable construction of this agreement. II. TERM OF AGREEMENT The term of this Agreement will begin September , 2016. The term of this Agreement will end on September 30, 2018, or at the time of completion of the Project, whichever occurs first in time, unless extended or terminated before that time as provided in this Agreement. III. MUTUAL PROMISES AND COVENANTS OF THE PARTIES The Parties, in consideration of the mutual promises and covenants contained in this Agreement, agree as follows: A. The recitals set out in the preamble are hereby incorporated herein, for all purposes. B. The City of Cibolo shall install the Traffic Control Signal in accordance with the Site and Construction Plans at the intersection of Dietz and Borgfeld Roads. C. All Project construction costs, including payment of contractors, subcontractors, and material providers, and all liability risks shall be the responsibility of the City of Cibolo. Page 2 of 6 D. The portion of the project cost that the City of Schertz shall be responsible for is limited to $66,677.00 even if the Schertz Cibolo Universal City Independent School District fails to pay its portion of the project cost. The City of Schertz may pay its portion of the project cost prior to the end of 2015 -2016 fiscal year. E. Subject to Force Majeure, City of Cibolo's completion of the Traffic Control Signal shall occur on or before September 30, 2018. IV. MISCELLANEOUS A. Notice and Addresses. All notices required hereunder must be given by certified mail or registered mail, addressed to the proper Party, at the following addresses: To City of Schertz: City of Schertz, Texas Attn: John Kessel, City Manager P.O. Box 930 Schertz, TX 78154 With a copy to: City of Cibolo, Texas Attn: Robert T. Herrera, City Manager 200 S. Main St. Cibolo, TX 78108 With a copy to: Habib Erkan, Attorney for City of Cibolo Denton Navarro Rocha Bernal Hyde & Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Either Party may change the address to which notices are to be sent by giving the other Party notice of the new address in the manner provided in this section. Notices shall be deemed to have been received three (3) days after deposit in the mail. For ease of administration of this contract, a main contact person has been designated for each of the Parties as follows: For the City of Cibolo: Tim Fousse For the City of Schertz: Dudley B. Parties Bound. This Agreement shall be binding upon, and inure to the benefit of, the Parties to this Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns. C. Prior Agreement Superseded. This Agreement constitutes the sole and only agreement of the Parties regarding their responsibilities to each other concerning the work noted herein on the Project and supersedes any prior understandings or written or oral agreements Page 3 of 6 between the Parties respecting the Project. This Agreement in no way modifies or supersedes any document executed by the Parties prior to this Agreement which does not involve the Project. D. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly executed by the Parties to this Agreement. E. Hold Harmless. The City of Cibolo will hold the City of Schertz harmless from any claims arising from the construction of the Traffic Control Signal, as is contemplated by this Agreement (e.g., contract claims between the City and any contractors and/or any injury or property damage claims) to the extent permitted by Texas law. F. Violation of Law. The City of Cibolo and the City of Schertz shall not violate any Federal, State or local laws, regulations or ordinances in the performance of this Agreement. G. Enforceability. If any provision of this Agreement proves unlawful or unenforceable by a court having jurisdiction over the Parties or the subject matter, such provision shall be severable from the other provision of this Agreement, and all remaining provisions shall be fully enforceable. H. Governing Law and Place for Performance. This Agreement shall be governed by the laws of Texas, which state shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business and Parties. In the event of litigation pertaining to the Agreement, the exclusive forum, venue, and place of jurisdiction shall also be the County of Guadalupe and the State of Texas unless otherwise agreed in writing by the Parties. The Parties acknowledge that each has had the unfettered opportunity to review, revise, and negotiate the terms of this Agreement and that if in the future there is a dispute as to the meaning of any provision herein, then no such provision shall be construed against the drafter of the Agreement. I. Exhibits Incorporated. All exhibits to this Agreement are incorporated by reference as if completely set out herein. J. Signature Warranty Clause. The signatories to this Agreement represent and warrant that they have the authority to execute this agreement on behalf of the City of Cibolo and the City of Schertz, respectively. K. No Waiver of Immunities. Nothing in the Agreement shall be construed to waive any immunities from suit or liability enjoyed by City of Cibolo, the City of Schertz, their past or present officers, employees, or agents or employees. L. No Third Party Beneficiary. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release or other consideration under this Agreement. Page 4 of 6 M. No Joint Venture. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venturers or any other similar such relationship between the parties hereto. N. Approval by Governing Bodies. This Agreement has been approved by the Governing bodies of the City of Cibolo and the City of Schertz. O. Payment from Current Revenues. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. P. Assignment. Neither Party may assign their interests in this Agreement except upon receiving the written consent of the other Parry. EXECUTED TO BE EFFECTIVE this day of September, 2016. ATTEST: Peggy Cimics, City Secretary ATTEST: Brenda Dennis, City Secretary APPROVED AS TO FORM: CITY OF CIBOLO L'In Robert T. Herrera, City Manager CITY OF SCHERTZ IRE Denton Navarro Rocha Bernal Hyde & Zech, P.C. i Habib Erkan, City Attorney John Kessel, City Manager Page 5 of 6 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Engineering Subject: Resolution No. 16 -R -74 — A Resolution of the City Council of the City of Schertz, Texas authorizing and approving a Professional Services Agreement with Kimley -Horn and Associates, for On -Call Civil Engineering Plan Review and Related Services and all matters in connection therewith BACKGROUND The City of Schertz advertised for Request for Qualifications for On -Call Engineering Plan Review and Related Services (For Private Land Development Projects) Firms in July 2016. Statements of Qualifications were received by the City of Schertz in August. Statements were received from 7 firms. A panel of City Staff and Management representatives reviewed each of the documents submitted in detail. The submittals were evaluated for the following criteria: 1. Project Understanding; 2. Scope of Work; 3. Staff Qualifications; 4. Firm Qualifications. The panel met to discuss the submittals and come to consensus regarding three firms to be invited for personal interviews. Interviews were held with the firms in September. The panel again met to discuss results of the interviews. It is recommended that the City award an On Call Engineering Services Agreement to Kimley -Horn and Associates, Inc. The City has been utilizing contract firms in the Inspections Department for some time to supplement staff. This allows staff to better handle the peaks and valleys of workload associated with development applications. It also allows staff to avoid delays in the development process due to staffing shortages. Finally, it allows the City to draws on expertise within the firm for unusual situations or specialized projects. The Engineering Department is proposing to do the same for civil plan review. The agreements for On -Call Engineering Services will remain in force for three years with two optional one -year extensions. Goal: Provide timely review of civil engineering plans while ensuring those plans meet all Federal, State and local requirements. This is in keeping with the City's Mission of Leading, improving, and serving a livable, sustainable and financially sound community. It also works to improve a weakness identified in the City's Strategic Plan associated with having adequate staffing /resources to keep pace with growth. Community Benefit: The City will be able to review civil plans in a timely manner while ensuring city requirements are met. Summary of Recommended Action: Approve Resolution 16 -R -74 approving a three -year Professional Services Agreement with Kimley- Horn and Associates, Inc. FISCAL IMPACT Fiscal impact will vary based on how often the City utilizes the firm's services. Funding with come from the Engineering Department's professional services line item as well as savings from Personnel Services line item. STAFF RECOMMENDATION Staff recommends approval of Resolution 16 -R -74 ATTACHMENT(S) Resolution 16 -R -74 Professional Services Agreement with Kimley -Horn and Associates, Inc. RESOLUTION NO. 16 -R -74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR ON -CALL CIVIL ENGINEERING PLAN REVIEW SERVICES (FOR PRIVATE LAND DEVELOPMENT PROJECTS) AND ALL MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City requires a professional services agreement with Kimley -Horn and Associates, Inc. relating to on- call civil engineering plan review services for the City; and WHEREAS, City staff has determined that Kimley -Horn and Associates, Inc. is qualified to provide such services for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Kimley -Horn and Associates, Inc. pursuant to the Professional Services Agreement for Engineering Services attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Kimley -Horn and 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 27th day of September, 2016. CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50506887.1 EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES 50506887.1 A -1 CITY OF SCHERTZ STANDARD PROFESSIONAL SERVICES AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Professional Services Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and Kimley -Horn and Associates, Inc. ( "Professional "). Section L. Duration. This Agreement shall become effective upon execution by the City and shall remain in effect until September 30, 2018 unless terminated as provided for in this Agreement. Section 2. Scope of Work. (A) Professional shall perform the Services as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". Unless otherwise provided in the Scope of Work, the anticipated submittal of all Project deliverables is immediately upon completion of the Project. (B) The Quality of Services provided under this Agreement shall be performed with the professional skill and care ordinarily provided by competent Professionals practicing in the same or similar locality and under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent Professional holding the same professional license. (C) The Professional shall perform its Services for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Professional may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent professional or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation. (A) The Professional shall be paid in the manner set forth in Exhibit `B" and as provided herein. (B) Billing Period: The Professional may submit monthly, or less frequently, an invoice for payment based on the estimated completion of the described tasks and approved work schedule. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page I Act "), payment is due within thirty (30) days of the City's receipt of the Professional's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses: Any and all reimbursable expenses related to the Project shall be included in the scope of services (Exhibit A) and accounted for in the total contract amount in Exhibit `B ". If these items are not specifically accounted for in Exhibit A they shall be considered subsidiary to the total contract amount. Section 4. Changes to the Project Work; Additional Work. (A) Changes to Work.- Professional shall make such revisions to any work that has been completed as are necessary to correct any errors or omissions as may appear in such work. If the City finds it necessary to make changes to previously satisfactorily completed work or parts thereof, the Professional shall make such revisions if requested and as directed by the City and such services will be considered as additional work and paid for as specified under following paragraph. (B) Additional Work: The City retains the right to make changes to the Scope of Work at any time by a written order. Work that is clearly not within the general description of the Scope of Work and does not otherwise constitute special services under this Agreement must be approved in writing by the City by supplemental agreement before the additional work is undertaken by the Professional. If the Professional is of the opinion that any work is beyond that contemplated in this Agreement and the Scope of Work governing the project and therefore constitutes additional work, the Professional shall promptly notify the City of that opinion, in writing. If the City agrees that such work does constitute additional work, then the City and the Professional shall execute a supplemental agreement for the additional work and the City shall compensate the Professional for the additional work on the basis of the rates contained in the Scope of Work. If the changes deduct from the extent of the Scope of Work, the contract sum shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. Any work undertaken by Professional not previously approved as additional work shall be at risk of the Professional. Section 5. Time of Completion. The prompt completion of the services under the Scope of Work is critical to the City. Unnecessary delays in providing services under a Scope of Work shall be grounds for dismissal of the Professional and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Professional prior to the time of termination. The Scope of Work shall provide, in either calendar days or by providing a final date, a time of completion prior to which the Professional shall have completed all tasks and services described in the Scope of Work. Section 6. Insurance. Before commencing work under this Agreement, Professional shall obtain and maintain the liability insurance provided for in attached Exhibit C throughout the term of this Agreement and thereafter as required herein. In addition to the insurance provided for in Exhibit C, Professional shall maintain the following limits and types of insurance: Kimley -Horn 9 -21 -16 Kinley -Horn and Associates, Inc. Page 2 Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability not less than $1,000,000 per occurrence covering all work performed by the Professional, its employees, sub - contractors, or independent contractors. If this coverage can only be obtained on a "claims made" basis, the certificate of insurance must clearly state coverage is on a "claims made" basis and coverage must remain in effect for at least two years after final payment with the Professional continuing to furnish the City certificates of insurance. Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Professional's employees carrying out the work involved in this contract. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Professional or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Professional shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Professional or its employees. Subcontractor: In the case of any work sublet, the Professional shall require subcontractor and independent contractors working under the direction of either the Professional or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Professional. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "D ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 7. Miscellaneous Provisions. (A) Subletting. The Professional shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 3 comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Professional of any responsibility for work done by such subcontractor. (B) Ownership of Documents. Upon completion or termination of this Agreement, all documents prepared by the Professional or furnished to the Professional by the City shall be delivered to and become the property of the City. All drawings, charts, calculations, plans, specifications and other data, including electronic files and raw data, prepared under or pursuant to this Agreement shall be made available, upon request, to the City without restriction or limitation on the further use of such materials PROVIDED, HOWEVER, THAT SUCH MATERIALS ARE NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE BY THE CITY OR OTHERS. ANY REUSE WITHOUT PRIOR VERIFICATION OR ADAPTATION BY THE PROFESSIONAL FOR THE SPECIFIC PURPOSE INTENDED WILL BE AT THE CITY'S SOLE RISK AND WITHOUT LIABILITY TO THE PROFESSIONAL. Where applicable, Professional shall retain all pre- existing proprietary rights in the materials provided to the City but shall grant to the City a non - exclusive, perpetual, royalty -free license to use such proprietary information solely for the purposes for which the information was provided. The Professional may, at Professional's expense, have copies made of the documents or any other data furnished to the City under or pursuant to this Agreement. (C) Professional's Seal. To the extent that the Professional has a professional seal it shall placed on all documents and data furnished by the Professional to the City. All work and services provided under this Agreement will be performed in a good and workmanlike fashion and shall conform to the accepted standards and practices of the Professional's industry. The plans, specifications and data provided by Professional shall be adequate and sufficient to enable those performing the actual work to perform the work as and within the time contemplated by the City and Professional. The City acknowledges that Professional has no control over the methods or means of work nor the costs of labor, materials or equipment. Unless otherwise agreed in writing, any estimates of costs by the Professional are for informational purposes only and are not guarantees. (D) Compliance with Laws. The Professional shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Professional shall furnish the City with satisfactory proof of compliance. (E) Independent Contractor. Professional acknowledges that Professional is an independent contractor of the City and is not an employee, agent, official or representative of the City. Professional shall not represent, either expressly or through implication, that Professional is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Professional. (F) Non - Collusion. Professional represents and warrants that Professional has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Professional further agrees that Professional shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the services performed by Professional Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 4 under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Professional, Professional shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Professional under or pursuant to this Agreement. (G) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (H) In the case of any conflicts between the terms of this Agreement and wording contained within the Scope of Services, this Agreement shall govern. The Scope of Services is intended to detail the technical scope of services, fee schedule, and contract time only and shall not dictate Agreement terms. Section 8. Termination. (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Professional and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Professional, as consequence of the failure of Professional to perform the services contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than thirty (30) days written notice to the Professional. (B) If the City terminates this Agreement pursuant to Section 5 or subsection 8(A)(2) or (3), above, the Professional shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those services that have been timely and adequately performed by the Professional considering the actual costs incurred by the Professional in performing work to date of termination, the value of the work that is nonetheless usable Kimley -Horn 9 -21 -16 Kin ley -Horn and Associates, Inc. Page 5 to the City, the cost to the City of employing another Professional to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination that is not the fault of the Professional, the Professional shall be compensated for all basic, special, and additional services actually performed prior to termination, together with any reimbursable expenses then due. Section 9. Indemnification. Professional agrees to indemnify and hold the City of Schertz, Texas and all of its present, future and former agents, employees, officials and representatives harmless in their official, individual and representative capacities from any and all claims, demands, causes of action, judgments, liens and expenses (including attorney's fees, whether contractual or statutory), costs and damages (whether common law or statutory), costs and damages (whether common law or statutory, and whether actual, punitive, consequential or incidental), of any conceivable character, for injuries to persons (including death) or to property (both real and personal) created by, arising from or in any manner relating to the services or goods performed or provided by Professional — expressly including those arising through strict liability or under the constitutions of the United States or Texas — BUT ONLY TO THE EXTENT ALLOWABLE BY SEC. 271.904(a) OF THE TEXAS LOCAL GOVERNMENT CODE AS APPLICABLE. Section 10. Notices. Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 11. No Assignment. Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 12. Severability. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 13. Waiver. Either City or the Professional shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 6 Section 14. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 15. Paragraph Headings; Construction. The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 16. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 17. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 19. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 20. Entire Agreement. It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 21. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. 23. Dispute Resolution. In accordance with the provisions of Subchapter I, Chapter 271, TEX. LOCAL Gov'T CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 7 dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. 24. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Professional represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. Please visit the State of Texas Ethics Commission website, https: / /www. ethics. state. tx. us /whatsnew /elf_ info_forml295.htm and hgps:/ /www. ethics .state.tx.us /tec /1295 - Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 8 EXECUTED on this the CITY: day of , 2016. PROFESSIONAL: By: By: Name: John C. Kessel Name: Title: City Manager Title: ADDRESS FOR NOTICE: CITY: City of Schertz Attn: John C. Kessel, City Manager 1400 Schertz Parkway Schertz, Texas 78154 PROFESSIONAL: Kimley -Horn and Associates, Inc. 601 NW Loop 410, Suite 350 San Antonio, TX 78216 210 -541 -9166 Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 9 Exhibit "A" SCOPE OF WORK Proiect On -Call Civil Engineering Plan Review & Related Service (for Private Land Development Projects) Scope of Work The Professional will provide on -call civil engineering plan -check and related services associated with private land development projects within the City of Schertz and its extraterritorial jurisdiction. The Professional will be expected to provide various professional services as necessary to complete review and approval of various plans, maps and studies for the City. This may include providing professional input, review and update of related City ordinances and guidelines. Timely review of improvement plans, associated technical studies, and subdivision plats are vital to the successful development of the City of Schertz. The Professional will be aware and sensitive of the cost to the development community of delays attributed to plan -check review, and adhere to expected performance schedules, provide complete and thorough initial plan -check review, and be available as necessary to address issues regarding plan -check items. The Professional shall consider its plan -check projects as important as its own in -house projects. The Professional acknowledges and agrees that it will not prepare improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Schertz during the term of this agreement. Private development plans and studies for which the Professional is already under contract (as of the contract execution date) are exempt from this provision. This agreement is non - exclusive and is awarded with the understanding and agreement that it is for the sole convenience of the City. The City reserves the right to obtain like goods and services from other sources. The Professional will not be guaranteed a minimum or maximum amount of work. Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 10 Exhibit `B" COMPENSATION Hourly Rates Senior Engineer I / Senior Professional I $260-$295 Senior Engineer lI / Senior Professional lI $235-$275 Engineer / Professional $175-$240 CAD Technician $160-$175 Designer $120-$185 Analyst $150-$195 Support Staff /Technician $70-$130 Annual contract amount not to exceed $75,000. Kimley -Horn 9 -21 -16 Kimley -Horn and Associates, Inc. Page 11 Exhibit "C" REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Professional shall comply with each and every condition contained herein. The Professional shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Professional shall maintain insurance coverage equal to that required of the Professional. It is the responsibility of the Professional to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Professional shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Professional may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010/05). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Professionals obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Professional shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Professional's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: purchasini!(&schertz.com Purchasing Department Faxed to: 210 - 619 -1169 1400 Schertz Parkway Schertz, TX 78154 Kin ley -Horn 9 -21 -16 Kinley -Horn and Associates, Inc. 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Page 13 ML AJMREMATE U:4aTA"VIEE PEP_ s t"PLasgY L. KHOWOUILE ILITr _ Y F4 Em IX�.�TO9 NBaI luq @Ddllff4S &TV5 ?i UulGRELLALIAB X &CLul Y C will MyraLUU hYDME" C0Mp ENedTt411 A1f0E PAMERF LL IIUFT 11 I} Sul' ra�f9dF' i�ET�4P .'4Fl,1NErh'!]1i.4"�DL7A�9 �� r1r a,fi,ursiihn h4f.IlYY!hi 111 1 I:ri � �•Y° 1 - PIZ34 r 6mv RGBFwr To {rd L.,ti:l1 Tics 1+i O4OKOT TO ALL THE I IIA ,S• FJI�yI �aC tlriHEN�e. 1} (} r�ruaa a �iar�umriu� '— 11 a4YuraS.iartauFr ±tea ('i If4 ddl 4If01111aCF4 ayCl6rlY urlltll5`�r reeker� 1 – I �.••..• (?14CIIC{iC�.[i14Ea�IL � - -- . AQgRECIATIE I 01fo u10010volo1DAG S L 11TUIldaAl Mok 1 G 1.0fablDVIIII la, Eap1R+D4rf�4rll cash 6Ms,o - L Y ri 1�31�} �y111611111�Gd 4111011i� M15f lliv7alSfl"tC*s 11 : {}40thlf3lE�AlI14r51.W1D,4 h40 IRRSGIVP75AMP 4PErL imi l 1 Lov ATiftj rvaucwk tklwhAfty IGy Aom4nd mimlrkl l rlball, Idm* olliwell lavA+dI Ufiativa January i. 2412nwbLbecon- ,pllnn!WUhMopler18f1, Tait, libL Cmlo ( 913 d28. ea Bded4y Texas I ."Islolvrv02M*01100I42¢11). Oil00 Seh�Tt 14 � D0 60arl� I1vrkur.Dyl ehallz, 1`x 'W54 Attn: Pwrchasing aepl. AC{7RD 26 (201WO) GANMtATION R 011101AD ANV OF 'I'M AIMMD11" I' 1DITUIW4.1.M$OR10ANULLUDEleFORM T,iR p11P+RtyllrpN IDA71H TIIgR1FrCfP, NOTICE 44141 €r1; 13FLWMD IN ltclra RVANCG4YIVIIi <HMPOLWYf%OYIUI4NO. ruanURUNo rtURMICUPA WAI 4 —S AU1:101�aFRIM) 81ONATUM REGUIREOI 111-RE.' 0 10"-20 1 D ACORD GORPUMTON. All right@ 1`69Ei'V00 Tho AMID m an7v unsl Ia 11a nro Fn 1119 WWI likolklt of AMID Kin ley -Horn 9 -21 -16 Kinley -Horn and Associates, Inc. Page 13 (Instructions for completing and submitting a certificate to the City of'Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Professional Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. I) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy— for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and/or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. Kin ley -Horn 9 -21 -16 Kinley -Horn and Associates, Inc. Page 14 Exhibit "D" EVIDENCE OF INSURANCE Kin ley -Horn 9 -21 -16 Kinley -Horn and Associates, Inc. Page 15 Agenda No. 11 CITY COUNCIL MEMORANDUM City Council Meeting: September 27, 2016 Department: Engineering / Public Works Subject: Ordinance No. 16 -D -33 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86- 149 Parking Prohibited. (First Reading) BACKGROUND Val Verde Subdivision residents requested that the city look into vehicles parking in front of the drainage channels and possibly restricting flow (Exhibit A) during rain events. City staff maintains the Val Verde Subdivision drainage channels by periodically clearing them of debris. These drainage channels are maintained by city staff. When the channels flow is restricted, water levels increase at the street level. The areas of interest for no parking are along Marilyn Drive and Pecan Drive (Exhibit A). This concern was presented to the Transportation Safety Advisory Commission at their regular meeting of September 1, 2016. The Commission discussed this item and voted to recommend that City Council approve restriction of parking in front of the drainage channels. Engineering and Public Works recommend parking restrictions in front of these drainage channels. Goal To ensure that City Drainage Channels are not restricted of flow. Community Benefit To provide for unobstructed rain conveyance into the City's drainage channel systems. Summary of Recommended Action Recommend approval on first reading to prohibit parking in front of the drainage channels of Val Verde U1 Subdivision along Marilyn Dr. and Pecan Dr. (Exhibit A). FISCAL IMPACT The fiscal impact will be $150.00 for no parking signs paid out of FY 2015 -16 approved budget account number 101- 359 - 551600 Street Maintenance. RECOMMENDATION Staff recommends Council approve on first reading Ordinance No. 16 -D -33 to amend Chapter 86, Article V, Section 86 -149 Parking Prohibited of the Code of Ordinances to include No Parking in front of the drainage channels of Exhibit A. Exhibit A: Val Verde Subdivision Drainage No Parking Zone ( -24 ft.). ATTACHMENT Ordinance No. 16 -D -33 ORDINANCE NO. 16 -D -33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that parking should be prohibited adjacent to the drainage channels on Marilyn Drive and Pecan Drive in the Val Verde U1 subdivision. The No Parking zones will be limited to 24' along the curb perpendicular to each drainage channel with a total of three No Parking areas. These No Parking areas are not covered under Chapter 86, Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and WHEREAS, it is recommended to add these areas as shown in Exhibit A to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended to add the following: (a) When signs are erected and/or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with "No Parking" painted in white letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at times as limited) upon any of the following streets or portions thereof. Street Extent Marilyn Drive 24' of linear curb in front of Drainage Channel mid - block Pecan Drive 24' of linear curb in front of Drainage Channels mid -block Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 27th day of September 2016. PASSED, APPROVED AND ADOPTED on final reading the 11th day of October, 2016. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A -No Parking along 24' feet in front of drainage channels on Marilyn Drive & Pecan Drive JACKSON ASSOCIATES JACKSON A &E ASSOCIATES, INC. Architectural and Engineering Consulting • 8300 White Stallion Trial - McKinney, Texas 75070 • 214 - 673 -7557 • wwwjacksonAE.com August 25, 2016 Mr. Brian C. James Executive Director of Development The City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78154 RE: Jackson A &E Associates Accomplishments to Date Dear Mr. James: You have requested a report of some of the accomplishments Jackson A &E Associates, Inc. QA &E) has achieved to date for the City. The list of accomplishments encompasses not only tangible but intangible items as well. The tangible parts are both the financial amounts that were saved and held within the Bond's account and those that were saved and returned to the respective Bond projects which resulted in additional enhancements being added to the project while still keeping them within the approved budget. This would include negotiating the design fees prior to the start of the design process but also managing and negotiating the proposed Contract and Change Orders costs once the projects were in construction. The intangible part of JA &E's involvement is the attention to the design elements and programming of the projects and monitoring the construction of the various projects. Prior to that involvement, City projects did not receive the attention that was needed and that has resulted in large sums of money to be budgeted for the needed repairs of these buildings, many of which are less than seven years old. Jackson A &E Associates, Inc.'s involvement as the Owners Representative for the City since November 2011 has resulted in tens of thousands of dollars being returned to the overall projects bottom line to increase the available funds to the construction budget while adding a higher design element to the projects. The quality levels of construction of all the Projects have been brought to a higher standard during this period of time. This is accomplished through the establishment of time proven methods and procedures which JA &E brought to the City for implementation. To date JA &E has received $481,240.00 in fees and $124,137.04 in reimbursable expenses for a total of $605,377.04. Jackson A &E Associates, Inc does not charge a percentage markup on expenses. During that same period of time JA &E has caused projects to be redesigned with no reduction in quality and /or negotiated construction contracts and subsequent change orders resulting in the amount of $2,919,324.00. In addition to the above, JA &E has been involved in many City buildings currently experiencing construction issues that were constructed prior to our involvement as the Owner's Representative. JACKSON ASSOCIATES Jackson A& Associates, Inc has provided consulting services without charge on several existing buildings that resulted in retaining professional firms to properly address the specific issues at hand. A quick overview of some of these specific accomplishments would be: Animal Control Facility: One of the procedures established by JA &E is a review policy to revisit past decisions and to either validate them or look at possible alternatives should that be in the best interest of the City and the ultimate user group. As a result of this process it was determined that upon completion of the current program for the renovations and additions to the existing facility, that it would not serve the needs of the City in the future because it would not provide any expansion capability that the facility would need to meet the additional demands of a growing population. Additionally, at the end of the project only 75% of the kennel area would be enclosed space. Jackson A &E Associates, Inc conducted meetings with the user group and the architect to explore a new facility that would fall within the existing budget for both the building and the design fees. Using a parallel process JA &E, working with GIS, reviewed property currently owned by the City that would be of sufficient size to house not only the new structure with the ability to expand in the future but also a Dog Park which was part of the approved Bond package. The current location was selected based on available acreage and the community activities currently programmed to occur within the contiguous land boundaries as well as the greatly increased visibility of the facility which has a greater "retail" look and encourages animal adoptions. This facility was designed with direct input from the user group which resulted in a facility that is proficient from an operational side and a greater level of quality than the older existing facility would ever provide. The original Construction Cost Proposal was $2,378,000.00 and the final initial Contract Cost was $1,965,000.00 this is a direct cost reduction of $413,000.00. This Project is complete and operational and is under the approved budget by $20,000.00. Athletic Fields: Soccer Complex — Continuing the policy of reviewing past decisions for validity, it was determined that the initial project design incorporated a perimeter ring road with parking on both sides of the road surrounding the playing fields. This design provided no identifiable central design element and was not considered safe or desirable by any of the Public Safety Departments. The project scope included extensive and expensive underground drainage both on -site and off - site as well as work on Maske Road. Because JA &E has a long history and knowledge base on working with Municipalities using voter - approved Bond funds, it was quickly determined that under the current wording of the Bond, no funds could be expended in any off -site or road work. This position was confirmed by the City's Bond Attorneys and a violation of State Statutes was Page 2 of 4 JACKSON ASSOCIATES avoided. As a result of this knowledge an additional amount of $1,500,000.00 was reinstated in the overall project budget. Jackson A &E Associates, Inc worked with the Design Team to reduce or eliminate the amount of underground drainage without sacrificing any quality to the project resulting in additional funds being made available to the overall project. Working with the Design team, JA &E directed the effort to bring a greater degree of design to the project as a whole. This has resulted in clearly defined parking lots with a high degree of design elements being incorporated into both the playing fields and the entrances to the complex including a tree -lined grand boulevard and two perimeter entrances /exits that can be used during high traffic events and tournaments. The interior and exterior portions of the Concessions Building now carry a high degree of design elements that greatly enhance the appearance and functionality of the facility. The original Construction Cost Proposal was $3,666,863.00 and the final Construction Cost was $3,504,037.00. This resulted in a direct cost savings of $162,826.00. This project is complete and has positive balance in the Bond account of $165,565.54 in addition to the original contract cost reduction. Baseball Fields — This Project is complete and operational and was completed within the approved budget. The original Construction Cost Proposal was $1,567,000.00 and the final Construction Cost was $1,480,000.00. This resulted in a direct cost savings of $87,000.00 Aquatic Facilit. Through the use of modern materials Jackson A &E Associates, Inc. was able to deliver a playscape incorporating the major iconic elements of the existing Playscape but also allowing for use by physically and mentally challenged children. The new Playscape increased the play items by approximately double over the original Playscape. This is a first of its kind in the City's Park System. This Project was initially budgeted for $495,000.00 to be taken out of the Aquatic Facility Bond package. JA &E was able to provide an upgraded project for a total cost of $323,147.00 returning in excess of $170,000.00 to the aquatic budget. In addition to the above information JA &E brings an in -depth knowledge base of the procurement requirements for municipalities to obtain both professional services as well as project construction delivery methods. To this end we have created all of the Request for Proposals, Request for Competitive Sealed Proposals and Request for Qualifications for Construction Manager at Risk (two step procedure) as well as all Requests for Qualifications for Professional Services for all Architectural and Engineering design and Geotechnical services and all required Materials Testing services. Jackson A &E Associates, Inc was able to negotiate the Architects fee from $658,100.00 on a project value of $7,500,000.00 down to the current amount of $608,000.00 on an increased project Page 3 of 4 JACKSON ASSOCIATES value of $8,483,893.00. Normally the fee rises with the value of the project. This represents a direct savings of $50,100.00. On the construction side of the project, JA &E tried unsuccessfully to negotiate a CM @R contract with the highest rated respondent for over two months and ultimately recommended the City end the negotiations and proceed to the second highest rated respondent. A successful contract was negotiated within two weeks at a lower cost than was originally presented. Currently the City has requested additional items to be installed in the project that greatly enhances the quality of the overall project in the amount of $115,871.00 and has $93,278.00 remaining before we reach the GMP contract amount. While this project is not yet completed, JA &E has negotiated the change orders to the lowest possible amount allowing the highest possible quality of materials to be installed in this project. These amounts have not been considered in this report. Recreation Center Renovations The original single bid for this work was $825,000.00 and was rejected by the City. Jackson A &E Associates, Inc recommended that the City wait until the Aquatic Facility was under construction which would use a lot of the same materials. This project was rebid in June 2016 and received a bid in the amount of $634,167.00 representing a savings of $165,833.00. This savings was possible due to JA &E's knowledge of the industry and the probable materials that would be used in the Aquatic Facility. While there have been additional costs due to unknown conditions these items would have had to be addressed regardless of the bid amount. Fire Station #3 Jackson A &E Associates, Inc was successful in negotiating the design fees down from an original fee of $688,000.00 to the current fee of $528,000.00 representing a direct savings of $160,000.00. Respectfully submitted, Jackson A &E Associates, Inc. Philip R. Gaudreau, Assoc AIA, CSI Managing Principal Cc: Mr. John Kessel, City Manager Page 4 of 4 Great I \ \ \ * LOWERSEGUIN RD / Randolph V v v AFB Gee 2� do , Schertz \ \ Converse \ \.11101 \ - V A V 1618 Bexar \ \\ \ County \ \ \ \ \ San Antonio P Z Pa \ i' ` \ Moratorium Area (ORD 16 -S -31) Saint Hedwig N W E 0 Y4 % 1 1% 2 2% g Miles