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10-11-2016 Agenda with backup City Council Agenda REGULAR SESSION CITY COUNCIL OCTOBER 11, 2016, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 COMMUNITY.SERVICE.OPPORTUNITY 10-11-2016 Council Agenda Policy Values Safe Community Essential Services High Quality of Life Attractive Community Economic Prosperity Fiscally Sustainable AGENDA TUESDAY, OCTOBER 11, 2016 AT 6:00 P.M. Call to Order – City Council Regular Session Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Thompson) Recognition and Presentation • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) - Student Mayors – Dobie Jr. High, 8th Grade Hans Robinson Loja and Corbett Jr. High, 8th Grade Kale Peters - Student Councilmembers – Dobie Jr. High, 7th Grade Brianna McGhee and Corbett Jr. High, 7th Grade Jordan Betterton City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) New Employee Recognitions: • Animal Services – Animal Shelter Technician – Megan Lagunas (D. Wait/M. Harris/S. O’Brien) • EDC – Business Retention Manager – Jennifer Kolbe (J. Kessel/K. Kinateder) • Fleet Department – Fleet Mechanic I - Stephen Gillard. (D. Wait/J. Harshman) • Public Works Department – Drainage Worker I – Christian Herrera, Service Man 1 – Darryl Cunningham, Street Worker I – Nathan Rodriguez. (D. Wait/J. Hooks) 10-11-2016 City Council Agenda Page - 2 - Proclamation • Proclamation recognizing Domestic Violence Awareness Month. (D. Wait/N. Solis- Douglass) Workshop • Discussion and update regarding the License Plate Readers. (D. Wait/S. Pulaski) • Presentation and discussion regarding a planned comprehensive benefit review for all City employees and how this relates to recent inquiries regarding certification and ‘step-up’ pay and other related matters. (D. Wait/J. Kurz) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items 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 27, 2016. (J. Kessel/B. Dennis) 2. 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 Subdivision. Final Reading (B. James/K. Woodlee/C. Palomo) 3. Resolution No. 16-R-77 – Consideration and/or action approving a Resolution authorizing a Public Library Interlocal Agreement with Guadalupe County for Public Library Services. (B. James/M. Uhlhorn) 10-11-2016 City Council Agenda Page - 3 - Discussion and Action Items 4. Certificate of Approval – Consideration and/or action approving the Mayor of the City of Schertz to execute and sign the Certificate of Approval regarding Tax-Exempt Financing for the Archbishop of the Archdiocese of San Antonio, particularly as pertains to Saint John Paul II Catholic High School in Schertz. (Mayor Carpenter) 5. Calling a Special Meeting November 21, 2016 – Consideration and/or action calling a special meeting on Monday, November 21, 2016 to canvass the results of the November 8, 2016 General and Special Election and conduct a new councilmember orientation. (J. Kessel/B. Dennis) 6. Cancellation of the November 22, 2016 City Council Meeting – Consideration and/or action cancelling the November 22, 2016 City Council meeting. (J. Kessel/B. Dennis) 7. Ordinance No. 16-S-34 – Conduct a public hearing and consideration and/or action approving an Ordinance on a request to rezone approximately 8 acres of land generally located at the Northwest Corner of FM 1103 and Old Wiederstein, from Single Family Residential/ Agriculture, (R-A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres of land out of the Rafael Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. First Reading (B. James/L. Wood/E. Grobe) 8. Discussion regarding placing an item or items on a future city council agenda or agendas -- Discussion and possible action regarding the placement of an item or items on a future city council agenda for the purposes of discussing, instructing the City Manager to modify, change, end, re-open or otherwise redirect a police department investigation, particularly as it pertains to the investigation into the murder of Henry Gutierrez. (Mayor/Council) 9. Discussion regarding the City Charter, the general and specific role or roles of the City Council - Including the aggregate view of the current members as to the proper exercise of the powers afforded to the City Council, as a body, by the City Charter and State Law. (Mayor/Council) Roll Call Vote Confirmation Requests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 11. 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 PH 10-11-2016 City Council Agenda Page - 4 - consensus of the other City Council members to place or not place the item on a future agenda. 12. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 6th DAY OF OCTOBER, 2016 AT 1:30 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. Donna Schmoekel Donna Schmoekel, Deputy City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2016. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210-619-1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 10-11-2016 City Council Agenda Page - 5 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Audit Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Schertz Seguin Local Government Corporation Councilmember Azzoz – Place 2 Animal Control Advisory Committee Sweetheart Advisory Committee Councilmember John – Place 3 Lone Star Rail District Mayor Pro-Tem Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Thompson – Place 5 Audit Committee Investment Advisory Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 2016 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a Regular Meeting on September 27, 2016. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the Regular Meeting of September 27, 2016. ATTACHMENTS Regular Meeting of September 27, 2016. 09-27-2016 Minutes Page - 1 - MINUTES REGULAR MEETING September 27, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 27, 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 Mayor Pro-Tem Cedric Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: Executive Director Brian James Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez City Attorney Charles Zech City Secretary Brenda Dennis Call to Order – City Council Regular Session Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem Edwards) Mayor Pro-Tem Edwards 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 announcements: • Friday, September 30, Coffee with The Chamber, Schertz Welcome Center, 7:30 – 9:30 a.m. • Saturday, October 1 – Sunday, October 16 – Annual Fall Clean Up, drop off at 221 FM 3009, near Live Oak Road. Entry to this temporary collection point is available to Schertz residents during city sponsored spring and fall clean up events. • 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. Council will meet at 5:00 p.m. in the City Manager’s Office to divide into teams. • Tuesday, October 4 – Friday, October 7, TML Annual Conference, Austin, TX. 09-27-2016 Minutes Page - 2 - • Friday, October 7 – San Antonio Manufacturers Association “Manufacturing Day” tour hosted by Munter’s Facility 9-11 a.m., 16900 Jordan, Selma. You can contact Patti Horan in the EDC department for more information and to sign up for the event. • Monday, October 10, City Offices Closed, Columbus Day. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter stated that City Manager John Kessel was at a conference this evening and that Executive Director Dudley Wait is in his place; Mayor welcomed Mr. Wait to the dais. Executive Director Dudley Wait stated that Council may have seen in their emails notification to the employees that once again we will be teaching all city employees CPR and those that are appropriate will take First Aid as well. Mr. Wait stated that sometimes individuals ask why we want to take a day out of our work schedules to provide this valuable training. He shared a recent story involving one of our patrol officers who had the training. Sgt. Josh Mixon, who oversees our SRO Program for the School District, on August 29 overheard a student at one of the campuses having a seizer. He went to the classroom as he was at the campus and met the nurses there and discovered that the student did not have a seizer but had gone into cardiac arrest. Sgt. Mixon assisted the nurses in providing CPR and ventilating the patient and assisted EMS when they arrived on scene. Because of his quick response, along with the nurses, the student was quickly resuscitated and as of today is back in school. Proclamation • Proclamation recognizing Fire Prevention Week. (Mayor/Council/D. Covington) Mayor Carpenter recognized Fire Chief David Covington, Assistant Chief Kade Long and Fire Marshal John Perry. Mayor Carpenter read and presented the proclamation recognizing Fire Prevention Week in the City of Schertz. Mayor Carpenter shared a story regarding his personal experience with the Schertz Fire Department. Chief Covington stated that the Fire Department will be visiting several schools and day care centers throughout the month educating each one on fire safety. He also stated that for the first time the Fire Department is hosting a Fire Safety Poster Contest and the winners will be presented at the October 25, 2016 City Council meeting. Presentation • Presentation regarding the Certificate of Achievement for Excellence in Financial Reporting. (B. James/J. Santoya) Mayor Carpenter recognized Finance Director Juan Santoya who came forward explaining the significance of obtaining this award. He stated that the City has received this award for the past 31 years. Mayor and Council congratulated the Finance Department on such an achievement as well as the continued transparency provided to our citizens. 09-27-2016 Minutes Page - 3 - Workshop • Discussion regarding the recent Employee Engagement Survey. (J. Kessel/S. Gonzalez/Dr. Landuyt) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated tonight Dr. Landuyt will be providing the results from the recent Employee Engagement Survey. A few points for Council to review is that from our Strategic Plan, which was approved back in March, one of our operational values that we have is an engaged workforce. We went through the process and tried to describe what that meant, what it is, what it is not, and most importantly why it is even relevant. The reason why it is relevant is what we said is “an engaged workforce provides better service to our internal and external customers and is the foundation for continuous growth and progress”. In looking at this, we wanted to know how do we measure it, how do we know where we are and how do we know we are progressing. To do this is to administer a survey to our employees. We recently conducted our second survey, the first one was conducted back in 2014 and our goal is to conduct these every other year during the summer. The same organization (The Institute for Organizational Excellence) that administered the first survey also administered the second one. Our response rate was very good this time. Out of 325 staff members 273 responded—this equals to an 84% rate of response by staff. Ms. Gonzalez introduced Dr. Noel Landuyt (Associate Director of The Institute for Organizational Excellence) who provided information on the recent Employee Engagement Survey answering questions from council. Some of the highlighted areas included the following: The survey was taken online and was available in English, Spanish & other Accessible Options. It was sent to all staff during June and July 2016. It contained 48 core items to respond to and contained multiple coded areas. The overall response rate was 84%, up 13.5% from the previous survey taken in 2014. Benchmarks Benchmarks Last Iteration = 71% Last Iteration = 345 Similar Size = 74% Similar Size = 375 Mission = 73% Mission = 371 Statewide = 79% Statewide = 378 09-27-2016 Minutes Page - 4 - Levels of Engagement Demographics The 48% of highly engaged/engaged employee’s represents a nice balance Survey Construct Framework 09-27-2016 Minutes Page - 5 - Construct Scores Scores Range 100 (low) – 500 (high) Low Scoring Constructs 09-27-2016 Minutes Page - 6 - High Scoring Constructs Climate 09-27-2016 Minutes Page - 7 - Next Steps Dr. Landuyt addressed several comments and questions from council. Executive Director Dudley Wait added that executive management is following up with any actionable items and continuing to work on their internal communication. They plan to do a future survey/review of the city’s benefits in order to help the employees better understand them and make improvements where needed. 09-27-2016 Minutes Page - 8 - Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mr. Ken Greenwald, 205 Westchester Drive, who provided information on the recent passing of former Planning & Zoning Member Clovis Haddock. • Mr. Ed Quini, Soccer Association for Youth of San Antonio, who stated recently he spoke to Council regarding soliciting assistance for his league to gain access to the Schertz Soccer parking lot. He is here tonight to provide an update. He stated that he has been working with Executive Director Brian James regarding assistance in addressing their concerns. In speaking to Mr. James this evening he has requested that they provide a formal letter regarding their request to gain access to the parking lot of which he will provide tonight. 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) 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 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) ORDINANCE NO. 16-S-32 09-27-2016 Minutes Page - 9 - 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). 5. Excused Council Absences – Consideration and/or action excusing City Council Member absences for the following date: September 13, 2016. (B. Dennis/Mayor/Council) Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Thompson to approve consent agenda items 1-5. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) Mayor Carpenter stated that he recently discussed this with the City Secretary and as the voting polls will still be open that day and in order for everyone to exercise their voting right, they recommend that the November 8, 2016 City Council meeting be cancelled. Council concurred. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tem Edwards to approve the cancellation of the November 8, 2016 regular City Council meeting. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) 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 Mayor Carpenter recognized Assistant Finance Director James Walters who stated with the end of the fiscal year nearing, the City is proposing to transfer funds between departments to balance three departmental budgets. Mr. Walters provided a PowerPoint presentation covering the following highlights: 09-27-2016 Minutes Page - 10 - Budget Overview: 2015-16 2015-16 Budget Estimate Revenues $26,559,477 $26,657,739 Personnel 17,231,497 16,826,497 Non-personnel 8,939,520 8,466,560 Total Expenditures $26,171,017 $25,293,057 To Fund Balance $ 388,460 $ 1,364,682 Mr. Walters stated the to fund balance number is $140,000 more than in the proposed budget mostly due to a one-time sales tax audit in our favor ($177,000). Fund Balance Beginning Allocation Ending Inventory $ 101,084 $ 0 $ 101,084 Restricted 873,022 27,730 900,752 Committed 208,007 93,333 304,340 Assigned 696,997 437,556 1,134,553 Unassigned 7,160,199 806,063 7,966,262 Total: $9,039,309 $1,364,682 $10,406,991 09-27-2016 Minutes Page - 11 - Budget Transfer Budget Budget Increase Decrease Police Personnel $70,700 Finance Personnel -$40,000 General Services Personnel -$30,000 General Fund Budget Change $0 Building Maintenance $22,500 General Services -$22,500 Non-Departmental $22,500 Engineering -$22,500 General Fund Budget Change $0 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 Non-Departmental. 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. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16-R-71. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) Mayor Carpenter stated 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. Mayor Carpenter suggested that Council consider the current incumbents; Council concurred. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tem Edward to approve nominating the current incumbents for places 6 through 9 which included Place 6 – Mary Gauer, Place 7 – C. J. Wax, Place 8 – Larry Melton and Place 9 – Andres Garza. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 09-27-2016 Minutes Page - 12 - 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) 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 Mayor Carpenter recognized Public Works Manager Doug Letbetter who stated 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. The 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. Staff recommends approval. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16-R-73. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) 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 09-27-2016 Minutes Page - 13 - DEVELOPMENT PROJECTS) AND ALL MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized City Engineer Kathy Woodlee who stated 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 met again 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 draw 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. Fiscal impact will vary based on how often the City utilizes the firm’s services. Funding will come from the Engineering Department’s professional services line item as well as savings from Personnel Services line item. Staff recommends approval. Ms. Woodlee addressed questions from Council regarding the benefits of the agreement utilizing Kimley-Horn and Associates due to being short staffed in the Engineering department. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Resolution No. 16-R-74. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 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) 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, 09-27-2016 Minutes Page - 14 - TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86-149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Graduate Engineer Cecilia Palomo who stated 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 channel 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. The Engineering and Public Works Departments recommend parking restrictions in front of these drainage channels. 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. Ms. Palomo stated that this item was taken to the Traffic Safety Advisory Board and was approved. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowler to approve Ordinance No. 16-D-33 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1-11. Requests and Announcements 12. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 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. Mayor Carpenter recognized Councilmember Azzoz who requested an item be placed on a future agenda regarding the Henry Gutierrez case. He is requesting the city leaders and the 09-27-2016 Minutes Page - 15 - Mayor to instruct the City Manager to order the Chief of Police to ask for help from the Texas Rangers, the FBI and the Marshal’s office to help us solve Mr. Henry Gutierrez’s murder case. He wanted this to be put on the agenda to see how we could seek help for our Police Department because he believes the case has gotten cold. Mayor Carpenter stated that if he considers our Charter and the role of the Council as a policy making body and the role of the City Manager and the City Manager’s office as the operations and execution arm, it sounds like what he is suggesting is that the Council should move beyond a policy making motion and make a statement of direction on an individual operation. Councilmember Azzoz stated no, the City Manager works at the privilege of the Council and we could of course instruct the City Manager to do a lot of things to accommodate and protect our citizens and employees and all he is asking is that since the City Manager works directly under the City Council, to ask the City Manager to just ask for help. Mayor Carpenter recognized Councilmember Thompson who stated that seeing that this has the potential to impact the Charter and the City Council maybe it would behoove us to ask our City Attorney to see if Council has the ability to do this and report back to us. Mayor Carpenter stated that before we do that, our decision point here is defined for us in the Rules of Procedures and asked for Council to allow him to find it; it is rare that we have to look for this particular rule. Mayor Carpenter stated that at the next meeting he requested to have an item on the agenda which we will discuss whether or not this is an item to be placed on a following agenda. This will be debated and discussed by the entire Council and the Council will decide whether or not this is something that should be placed on the following agenda. We will discuss this and have our City Attorney provide any commentary he may have at that time and then the Council will decide how this should be handled and if this needs to be placed on an agenda. Mayor Carpenter recognized Councilmember Fowler who asked for a discussion item regarding merit pay. He stated that several employees are taking courses and training to improve their ability to do their job. He wanted to know if they are being trained and not able to utilize their certification and/or training to fill in for a supervisor. Are we providing merit pay for recent certification and are we utilizing that training. Councilmember Fowler provider further commentary regarding his request and as Mayor Carpenter recapped his request, he stated that on a future agenda the following items be placed for discussion: • Discussion regarding the current education reimbursement policy and program with the city. • Compensation when someone’s education level or certification level has changed. • What do we do to utilize the skills the individuals have gained through recent education, certifications, licenses, etc.? Mayor Carpenter indicated that staff would set the dates for the above information to come back to Council. 09-27-2016 Minutes Page - 16 - Mayor Carpenter recognized Mayor Pro-Tem Edwards who requested an update regarding the License Plate Reader program; he would like this on the October 11, 2016 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 Mayor Carpenter recognized Mayor Pro-Tem Edwards who thanked everyone who came out to the Chick-fil-A 5K Run event. It was a terrific event. Mayor Carpenter recognized Councilmember Fowler who said he attended a Parks and Recreation meeting Monday evening where they exchanged dialogue regarding updating permit policies, usage of the parks by formally organized groups (Boy Scouts, Girl Scouts, etc.), parking congestion issues at sports fields and more. It was all good discussion. Mayor Carpenter recognized Councilmember Azzoz who said they had a great turnout last week at their BBQ fundraiser for a local resident. He thanked everyone who came by. 15. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Map of Moratorium Area. (B. James) • Summary of Jackson A&E Savings (B. James) Executive Session Mayor Carpenter recessed the regular meeting at 7:24 p.m. into executive session under the following section: 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 Mayor Carpenter reconvened back into the regular session at 7:36 p.m. 16a. Take any necessary action based on discussions held in closed session under Agenda Item number 16. Mayor Carpenter recognized Councilmember Thompson who moved seconded by Councilmember Fowler to adopt the proposed fees suggested by the court; $950 for the Municipal Judge and $850 for the Municipal Prosecutor. The vote was unanimous with 09-27-2016 Minutes Page - 17 - Mayor Pro-Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda item 16a. Mayor Carpenter moved back to agenda item 13. 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. Mayor Carpenter requested an item be placed on a future agenda to have a brief discussion with the council as to the practice of reimbursing the prosecutor or the judge for education, attendance at seminars, reimbursement regarding mileage for attendance at a seminar and for the practical application of their status as an employee or as a contractor. Adjournment Mayor Carpenter adjourned the meeting at 7:40 p.m. ________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 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. (Final 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. City Council approved this on first reading at their meeting of September 17, 2016. 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 of final 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 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: Department: Library Subject: Resolution No. 16-R-77 – A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Guadalupe County for Public Library Services. BACKGROUND The City of Schertz public library has for several years provided free public library services to all citizens of Guadalupe County residing in or near the City. Guadalupe County has provided funding to support the library operations through an interlocal agreement (ILA) with the City. The current ILA is expiring and needs to be updated. Interlocal agreements serve to cooperatively maximize the efficient provision for government function on a basis of mutual advantage, highlighting services and facilities that will accord best with geographic, economic, population and other factors influencing the needs and development of the region. Accordingly, the County and City are political subdivisions of the State of Texas, and are authorized to execute an ILA pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended. The agreement shall have a term of one year, and will be reviewed and approved annually by the governing bodies of both the City and the County. COMMUNITY BENEFIT The Schertz Public Library fills a significant community need by providing quality of life opportunities for area families and individuals. Services include circulation of books and other media, access to public computers and Internet, educational programs, and reference services. This ILA will allow the City to more effectively serve regional partners and their residents. FISCAL IMPACT The County will pay the City a monthly sum of $18,096.00 ($217,152 annually) for Library Services as outlined in the ILA. Per the previous ILA, Guadalupe County provided $17,662.83 monthly. RECOMMENDATION The City recommends Council approval of Resolution 16-R-77, authorizing the City to enter into an interlocal agreement with Guadalupe County for Library Services. ATTACHMENTS Resolution 16-R-77 Public Library Interlocal Agreement RESOLUTION NO. 16-R-77 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT WITH GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the “City”) has an established public library and has for several years provided free public library services to all citizens of Guadalupe County (the “County”) residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as “Library Services”), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the City and the County have determined that the provision of Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this contract with the County pursuant to the Interlocal Agreement for Public Library 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 the County 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 11th day of October, 2016. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis (CITY SEAL) EXHIBIT A PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ Page - 1 - of Two Pages STATE OF TEXAS § § 100-630-800.4945 COUNTY OF GUADALUPE § PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ This Public Library InterLocal Agreement, effective as of the date of final execution (hereinafter referred to as “Agreement”), is between Guadalupe County (hereinafter referred to as “County”), Texas, and the City of Schertz, (hereinafter referred to as “City”), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision of free public library services (hereinafter referred to as “Library Services”), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the “Act”). NOW, THEREFORE, the County and the City, acting by and through their duly authorized officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County, all as permitted by the Act. 2. The Librarian of the City’s established library holds a county librarian’s certificate from the Texas Library and Archives Commission, as required by the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City’s library shall be equally accessible to all residents of the County during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public library during the term of this Agreement shall remain the property of the City. II. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement through and including October 1, 2016 to September 30, 2017 (the “Initial Term”), unless either party to this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall Page - 2 - of Two Pages be provided not less than thirty (30) days prior to the end of the Initial Term or any Renewal Term. III. Consideration 1. In consideration of the City’s provision of the Library Services during the Initial Term, the county agrees to pay the City a monthly sum of $18,096.00 (Eighteen Thousand, ninety six Dollars and 00/100) on the 15th day of each month following the effective date of this Agreement. 2. The County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. IV. Authorization The governing bodies of the County and the City have duly authorized this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, for remaining portions hereof shall continue in full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as stated herein. GUADALUPE COUNTY, TEXAS ATTEST By: ____________________________ By: ____________________________ Kyle Kutscher Teresa Kiel Guadalupe County Judge Guadalupe County Clerk Date:___________________________ CITY OF SCHERTZ, TEXAS ATTEST By: ____________________________ By: ____________________________ John Kessel Brenda Dennis City Manager City Secretary Date:___________________________ Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 2016 Department: Mayor Subject: Certificate of Approval – Consideration and/or action authorizing the Mayor of the City of Schertz to execute and sign the Certificate of Approval regarding Tax- Exempt Financing for the Archdiocese of San Antonio, particularly as pertains to Saint John Paul II Catholic high school in Schertz. BACKGROUND Mayor Carpenter received an email of request from the Archdiocese of San Antonio requesting approval of a proposed tax-exempt bond issues associated with St. John Paul II Catholic High School in Schertz as required by the Internal Revenue Code of 1986, as amended (the “Code”). The bonds will not be a debt or liability of City of Schertz. The consent being requested is for the purposes of complying with federal tax law regarding tax-exempt financing. St. John Paul II Catholic High School is a qualified 501(c) 3 charitable organization, and therefore is eligible to participate in tax-exempt financings. However, unlike a governmental issuer (e.g., a city or public school district), 501(c) 3 organization must issue bonds through a state-approved conduit and must conduct a public hearing on the financing. Since the campus is located in the City of Schertz, Internal Revenue Code §147(f) requires that the “highest elected official” of the City approve the transaction after the public hearing is held. The public hearing was held on October 6, 2016, at 10:00 a.m., at St. John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas, 78132. St. John Paul II Catholic High School is re-financing existing debt, the proceeds of which were used to finance the cost of acquiring the Saint John Paul II Catholic High School Campus located at 6720 FM 482; and paying certain expenses in connection with the issuance. FISCAL IMPACT None RECOMMENDATION The recommendation is to request the Mayor’s consent. ATTACHMENTS Certificate of Approval APPROVAL OF HIGHEST ELECTED OFFICIAL OF THE CITY OF SCHERTZ, TEXAS WHEREAS, Gustavo Garcia-Siller, Archbishop of the Archdiocese of San Antonio and His Successors in Office (the “Borrower”), in connection with a tax-exempt financing in the maximum principal amount of $5,000,000, has requested the approval of the Financing (as described below) and the Project (as defined below) located in the City of Schertz, Texas; and WHEREAS, the Financing consists of a loan agreement among the Borrower, the Roman Forest Cultural Education Facilities Finance Corporation (the “Corporation”) and Frost Bank (the “Bank”) through which the Bank will make a loan to the Corporation, which in turn will make a loan to the Borrower for the purpose of (A) refinancing existing debt the proceeds of which were used to finance the cost of acquiring the St. John Paul II Catholic High School Campus located at 6720 FM 482, New Braunfels, Texas 78132; and (B) paying certain expenses in connection with the issuance of the loans (collectively, the “Project”); and WHEREAS, in accordance with certain provisions of the Internal Revenue Code of 1986, as amended (the “Code”) as described below, notice of a public hearing was published in “Commercial Journal Recorder” and “Northeast Herald” on September 21, 2016, which notice provided that members of the public were invited to a hearing to be held on October 6, 2016, commencing at 10:00 a.m., at St. John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas 78132, in connection with the Financing and the Project; and WHEREAS, the public hearing was held by the hearing officer and no member of the public presented comments orally or in writing; and WHEREAS, it is necessary for the undersigned, as the highest elected official of the City of Schertz, Texas (the “City”), to approve the Financing and the Project solely for the purpose of satisfying the requirements of section 147(f) of the Code; NOW, THEREFORE, the undersigned highest elected official of the City, acting solely in his official capacity as Mayor, hereby approves the Financing; provided that such approval shall be solely for the purposes of section 147(f) of the Code, and neither the City nor the undersigned shall have any responsibility or liability for the Financing or the Project. IN WITNESS WHEREOF, I have set my hand as of this _____ day of October, 2016. THE CITY OF SCHERTZ, TEXAS Michael R. Carpenter Mayor Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 2016 Department: Administration Subject: Calling A Special meeting to Canvass Results of the November 8, 2016 election, swearing in ceremony and new council orientation BACKGROUND The official canvassing period for the November 8, 2016 Election is November 16 through November 22, 2016. It has been recommended by the County Election Administrators that the City call a special meeting to canvass the results of the City of Schertz General and Special election on Monday, November 21, 2016. Immediately following the swearing in ceremony, Council will be provided a new member orientation regarding Legal Guidelines. FISCAL IMPACT None RECOMMENDATION Staff recommends Council call a special meeting for Monday, November 21, 2016 to canvass the results of the November 8, 2016 General and Special election. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 2016 Department: Administration Subject: Cancellation of the November 22, 2016 City Council meeting BACKGROUND City Staff has found there are no items to be presented to Council for action, and as practice Council has cancelled the meeting the week of the Thanksgiving holiday. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the cancellation of the November 22, 2016 City Council meeting. Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 11, 2016 Department: Planning & Community Development Subject: Ordinance No. 16-S-34 – Conduct a public hearing for consideration and/or action on a request to rezone approximately 8 acres of land generally located at the Northwest Corner of FM 1103 and Old Wiederstein, from Single Family Residential / Agriculture (R-A) to Neighborhood Services (NS). The property is specifically described as 7.128 acres out of the Rafael Garza Survey No. 98, Abstract No. 138, City of Schertz, Guadalupe County, Texas. (First Reading) BACKGROUND Foresight Group, Inc. is requesting to rezone approximately 8 acres of land from Single Family Residential / Agricultural (R-A) to Neighborhood Services (NS). There is currently a house on the property that will be demolished with the redevelopment of this property. The public hearing notice was published in “The Daily Commercial Recorder” on September 16, 2016 and the “Herald” on September 21, 2016. Thirty-three (33) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on September 1, 2016, prior to the Planning & Zoning Commission meeting that took place on September 14, 2016. At the time of this report being prepared, Staff received three (3) responses in favor and four (4) responses opposed to the request. Goal Foresight Group, Inc. is requesting to rezone the property in order to develop as a commercial use. Community Benefit It is the City’s desire to promote safe, orderly, efficient development and ensure compliance with the City’s vision of future growth. City Council Memorandum Page 2 Summary of Recommended Action The Comprehensive Land Plan identifies the subject property as Industrial which is intended to maintain lower intensity industrial, flex office, and logistics uses. This land use designation allows for both small, incremental development and large development of area with light industrial and commercial uses. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Land Use Plan. The proposed zone change supports the commercial use that the Future Land Use Plan calls for in this area. The Neighborhood Services zoning district would allow for the commercial use desired per the Comprehensive Land Plan at a lower intensity than the primary industrial zoning. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. The project is within the City of Schertz service area. • Impact on Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by single-family residential, Right-of-Way, and manufacturing. The surrounding area including the Single-Family Residential are all identified on the Comprehensive Land Use Plan to have the same industrial land use designation. The proposed Neighborhood Services zoning conforms with the intent of the Industrial land use designation while providing a more compatible land use to the adjacent residential. The Comprehensive Land Use Plan section which describes this area was adopted in 2002, at that time the subject property and surrounding area were zoned for single-family residential uses. No City initiated zonings were undertaken to rezone these properties from residential to industrial and subsequently the adjacent area developed as single-family residential with the creation of the Belmont Park, and Riata Subdivisions, whose master development plans were approved in 2003 and 2006 respectively. The development of the Riata and Belmont Park subdivisions created a change in conditions for the surrounding area and for the subject property. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine this area. Since the Schertz Sector Plan amendment did not review this area, the subject property along with the Riata and Belmont Park Subdivisions are still identified on the Future Land Use Plan as Industrial use despite being single family. The Comprehensive Land Use Plan specifically describes that industrial zoning should not be directly adjacent to residential uses. As such Staff looked to the Comprehensive Plan as a whole to offer guidance. The hard corner of FM 1103 and Old Wiederstein Road is what the Comprehensive Land Use Plan would consider a node for commercial development. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services is an City Council Memorandum Page 3 alternative that would allow for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses and existing commercial uses. FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 14, 2016 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the rezoning request based its compatibility with the adjacent land uses and compliance with the Comprehensive Land Plan. ATTACHMENT Ordinance No. 16-S-34 ORDINANCE NO. 16-S-34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 8 ACRES OF LAND FROM SINGLE-FAMILY RESIDENTIAL / AGRICULTURAL DISTRICT, (R-A) TO NEIGHBORHOOD SERVICES DISTRICT (NS). WHEREAS, an application to rezone approximately 8 acres of land generally located directly northwest of the intersection of FM 1103 and Old Wiederstein Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the “Criteria”); and WHEREAS, on September 14, 2016, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and WHEREAS, on October 11, 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 Neighborhood Services District (NS). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 11th day of October, 2016. PASSED, APPROVED AND ADOPTED on final reading the 25th day of October, 2016. ____________________________________ Michael R. Carpenter, Mayor ATTEST: ________________________________ Brenda Dennis, City Secretary (SEAL OF THE CITY) Ex h i b i t A "T h e Pr o p e r t y " Ex h i b i t A "T h e Pr o p e r t y " Curve Table Curve # C1 C2 Arc Length 194.76 249.76 Radius 707.00 1948.81 Delta Bearing Distance 6 : 6 ( 194.14 249.59 2.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: VILLARREAL DAVID & LUNA M PROPERTY ID: 151634 ADDRESS: 441 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015: PAGE 024147; DEED NUMBER 2015024147 3.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: CHAVIS LIEZL & MARQUEZ PROPERTY ID: 151635 ADDRESS: TIMBER CREEK DR. SCHERTZ, TX VOLUME 2016; PAGE 003275; DEED NUMBER 2016-003275 4.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: WARD MICHAEL ANTHONY & RACHEL THORNTON WARD PROPERTY ID: 151636 ADDRESS: 433 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015; PAGE 026037; DEED NUMBER 2015026037 5.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UBIT 4 OWNERS NAME: GOVEA JOSE & RIZZALYN PROPERTY ID: 151637 ADDRESS: 429 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015; PAGE 007861 DEED NUMBER 2015007861 6.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: HAMSTRA AARON J & MARIBEL PROPERTY ID: 151661 ADDRESS: 425 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015; PAGE 024140; DEED NUMBER 2015024140 7.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: KRAUSS TIMOTHY A & HEATHER K PROPERTY ID: 151662 ADDRESS: 421 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015-005078; DEED NUMBER 2015-005078 8.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: WILLIAM VICKI L PROPERTY ID: 151663 ADDRESS: 417 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2016; PAGE 000416; 2016-000416 9.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: GOBERT RICKEY JOSEPH & JULIA PROPERTY ID: 151664 ADDRESS: 413 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2016; PAGE 000404; DEED NUMBER 2016-000404 10.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA ALL UNITS OWNERS NAME: SMITH LEWIS L & TAE SUK PROPERTY ID: 158111 ADDRESS: 409 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2016; PAGE 010379; DEED NUMBER 2016-010379 11.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA U4C OWNERS NAME: LOZARES ERNESTO VIZMANOS JR & SHIRLEY P PROPERTY ID: 158112 ADDRESS: 405 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2016; PAGE 011091; DEED NUMBER 2016011091 14.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA - ALL UNITS OWNERS NAME: RIATA LAND LTD PROPERTY ID: 158115 ADDRESS: SUNRIDGE DR. TX VOLUME 2266; PAGE 0684; DEED NUMBER 0601660 26.LAND USE: VACANT LOT (CITY OF CIBOLO) ZONING: RETAIL/OFFICE SUBDIVISION NAME: N/A OWNERS NAME: CARAWAY BARBARA A PROPERTY ID: 69854 ADDRESS: 21841 OLD WIEDERSTEIN RD TX CITY OF CIBOLO VOLUME 1103; PAGE 0648 25.LAND USE: VACANT LOT (CITY OF CIBOLO) ZONING: RETAIL/OFFICE SUBDIVISION NAME: N/A OWNERS NAME: MARBACH DAVID S PROPERTY ID: 69856 ADDRESS: OLD WIEDERSTEIN RD TX CITY OF CIBOLO VOLUME 2342; PAGE 0809; DEED NUMBER 06014696 23.LAND USE: INDUSTRIAL ZONING: MANUFACTURING (LIGHT) (M-1) SUBDIVISION NAME: SIGMA PHASE 1 OWNERS NAME: SIGMA INDUSTRIAL AUTOMATION INC PROPERTY ID: 123224 ADDRESS: 5450 FM 1103 SCHERTZ, TX VOLUME 2244; PAGE 0654; DEED NUMBER 05-24513 22.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154312 ADDRESS: 4901 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 21.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154313 ADDRESS: 4905 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 20.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154314 ADDRESS: 4909 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 19.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154315 ADDRESS: 4913 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 18.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154316 ADDRESS: 4917 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 17.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE U4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154317 ADDRESS: 4921 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 16.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE - UNIT 4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154318 ADDRESS: 4925 BATTLE LAKE SCHERTZ TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 15.LAND USE: SINGLE FAMILY HOUSING ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: FAIRWAY RIDGE - UNIT 4 OWNERS NAME: JMLG HOLDINGS LTD PROPERTY ID: 154319 ADDRESS: 4929 BATTLE LAKE TX VOLUME 4017; PAGE 0177; DEED NUMBER 12-024462 24.LAND USE: INDUSTRIAL ZONING: MANUFACTURING (LIGHT) (M-1) SUBDIVISION NAME: ABS: 138 SUR: RAFAEL GARZA OWNERS NAME: CHINNI GLORIA J ESTATE PROPERTY ID: 63839 ADDRESS: 5440 FM 1103 SCHERTZ, TX VOLUME 627; PAGE 609 13.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA - ALL UNITS OWNERS NAME: BOWN BRIAN ANTHONY & BERTA A PROPERTY ID: 158114 ADDRESS: 2980 SUNRIDGE DR. SCHERTZ, TX VOLUME 2016; PAGE 013147; DEED NUMBER 2016013147 12.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA - ALL UNITS OWNERS NAME: CHESMAR HOMES CT LTD PROPERTY ID: 158113 ADDRESS: TIMBER CREEK DR. SCHERTZ, TX VOLUME 2015; PAGE 026039; DEED NUMBER 2015026039 27.LAND USE: VACANT LOT ZONING: GENERAL BUSINESS SUBDIVISION NAME: N/A OWNERS NAME: ORTH VIVIAN E PROPERTY ID: 64055 ADDRESS: FM 1103 TX VOLUME 1965; PAGE 0087; DEED NUMBER 02732 28.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: LEMLEY DAVID & BARBARA A PROPERTY ID: 151656 ADDRESS: 2972 WINDING TRAIL VOLUME 2014; PAGE 023363; DEED NUMBER 2014023363 29.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: PEREZ JOSE RAMON & MAYRA E PROPERTY ID: 151665 ADDRESS: 2973 PAWTUCKET ROAD VOLUME 2015; PAGE 003013; DEED NUMBER 2015003013 30.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: VELA ALFREDO S & CONNIE ARREGUIN VELA PROPERTY ID: 151702 ADDRESS: 2972 PAWTUCKET ROAD VOLUME 2016; PAGE 001762; DEED NUMBER 2016-001762 31.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA ALL UNITS OWNERS NAME: CHESMAR HOMES CT LTD PROPERTY ID: 158120 ADDRESS: 2973 SUNRIDGE DRIVE VOLUME 2016; PAGE 005853; DEED NUMBER 2016005853 1.LAND USE: SINGLE FAMILY HOME ZONING: SINGLE FAMILY RESIDENTIAL SUBDIVISION NAME: RIATA UNIT 4 OWNERS NAME: NGUYEN CHRISTINA L PROPERTY ID: 151633 ADDRESS: 445 TIMBER CREEK DR. SCHERTZ, TX VOLUME 2014: PAGE 019301; DEED NUMBER 2014019301 200' NOTIFICATION INFORMATION SITE NOTES 1. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 2. NO PART OF THE SITE FALLS WITHIN THE 100-YEAR FLOOD PLAIN, PER FEMA FIRM PANEL 48187C0230F, DATED NOVEMBER 2, 2007 SITE INT E R S T A T E 3 5 OLD W I E D E R S T E I N ROA D F M 1 1 0 3 F A I R L A W N A V E N U E CHE L S E A DRIV E VICINITY MAP SCALE 1" = 2000' ZONING EXHIBIT NORTHWEST CORNER FM 1103 & OLD WIEDERSTEIN ROAD SIGMA SUBDIVISION SURVEY NO. 98 ABSTRACT NO. 138 VOLUME: 1969 PAGE: 269 VOLUME: 1474 PAGE: 960 DEED NUMBER: 03511 DEED VOLUME: 3172DEED PAGE: 535 PREPARED: JULY 19, 2016 DEVELOPER: FIVE STAR DEVELOPMENT 200 OFFICE PARK DRIVE, SUITE 340 BIRMINGHAM, AL 35223 CONTACT: MR. NATE WELCH PH: (205)206-9049 APPLICANT: FORESITE GROUP, INC. 1999 BRYAN STREET, SUITE 890 DALLAS, TX 75201 CONTACT: MR. TRAVIS PRUETT PH: (214)939-7123 SURVEYOR: D.A.MAWYER LAND SURVEYING 132 CADDELL LANE NEW BRAUNFELS, TX 78130 CONTACT: MR. DREW MAWYER, R.P.L.S. PH: (830)632-5092 FIRM REGISTRATION NO. 10191500 SURVEY PREPARED JUNE 2016 0 1" = 100' SCALE IN FEET 10050 100 200 LEGEND EXISTING CONTOURS ACREAGE TO BE REZONED OWNER: DEAN AND KATHI CHINNI 5450 FM 1103 CIBOLO TX. 78108 CONTACT: MS. KATHI CHINNI PH: (210) 659-5000 OWNER: TEXAS SCALES INC. 5450 FM 1103 CIBOLO TX. 78108 CONTACT: MS. KATHI CHINNI PH: (210) 659-5000 Exhibit B "The Property"