11-18-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, NOVEMBER 18, 2008 Regular Session
6:30 p.m. REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. PROCLAMATION • San Antonio 164 Chapter of Service
Corps of Retired Executives “Score” (Dave Palmer to accept) EMPLOYEE INTRODUCTIONS • 311 – new employee Nancy Johnson-Hilla REPORT • Update from Election Administrator on County election
issues. 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 5 minutes. 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 t?o 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. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the
approval of the minutes of the Regular Meeting of November 4, 2008 and Special Meeting of November 12, 2008. 11-18-08 Council Agenda
2. Utility Billing Write-Off – Consideration and/or action regarding approval of the utility billing write-offs. (K. Garcia) 3. Resolution No. 08-R-52 – Consideration and/or action approving
a resolution for a Infrastructure Development Agreement between SCC Development Company, LLC., and the City of Schertz Economic Development Corporation in the amount of $28,600 (J. Jewell)
4. City of Schertz Official Posting Board – Consideration and/or action changing the location of the City Of Schertz Official Posting Board. (B. Dennis) DISCUSSION ONLY 5. Ordinance
No. 08-S-49 -SUP2008-031A-Consideration and/or action upon a request for a Specific Use Permit of 2.82+ acres land being of Lot 6 Block 1 of the Hubertus Retail Subdivision to allow
the use of a Self-Storage Service Facility in the General Business zoning district (GB) located at the southwest intersection of IH35 North and FM-1103. (M. Nichols) (Council asked that
this item be placed on this agenda for discussion only). DISCUSSION AND POSSIBLE ACTION 6. Consideration and or action on questions and possible items to be placed on the next agenda.
(Mayor/City Council) 7. Announcements by City Council Members, Mayor and City Manager: Council Member Scagliola – Schertz Humane Society Cause for Paws Golf Tournament, Monday, November
10, 2008, Ribbon Cutting Wednesday, November 12, 2008 for Sports Occupational & Knee Surgery 6051 FM 3009 #260 Mayor Baldwin – Schertz Humane Society Cause for Paws Golf Tournament,
Monday, November 10, 2008; Northeast Partnership meeting, Thursday, November 13, 2008. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072
Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result
of the Executive Session. ADJOURNMENT 11-18-08 City Council Agenda Page -2 -
CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 13th DAY
OF NOVEMBER, 2008 AT 3:00 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.
Brenda Dennis BRENDA DENNIS, TRMC, CMC 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 _______________, 2008. ____________________________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 619-1030 at least 24
hours in advance of meeting. COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board
for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison
-Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML
Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards
and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions
Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee 11-18-08 City Council Agenda Page -3 -
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2008 Department: Administration Subject: Minutes BACKGROUND On November 4, 2008 a Regular City Council Meeting,
and on November 12, 2008 a Special meeting was held was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION
Staff recommends Council approval of the November 4, and November 12 minutes. ATTACHMENT Minutes 11-4-08 Minutes 11-12-08
City Council Regular Meeting November 4, 2008 285 MINUTES REGULAR MEETING November 4, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November
4, 2008 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem
Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant
City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis Deputy City Secretary Mary Ybarra CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation
followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Francis Rushing, Schertz Chamber
of Commerce President, who announced the following: -Chamber monthly luncheon went well; speaker Marty Wender did a great job. -Thanked Mayor Baldwin and Council Member Scagliola for
attending ribbon cutting for Cut n’ Style. -November 12, 2008 at 1:00 p.m. is ribbon cutting for Dr. Holmes office (Sport Occupational and Knee Surgery) located on FM3009. • Melba Smith,
206 Aero who gave an update on funds ($331.45) raised at the Pumpkin Patch, Pickrell Park. • David Scagliola, 3418 Foxbriar who thanked Assistant City Manager John Bierschwale for being
instrumental in the clean-up and removal of dirt piles (parking area) at the Northcliffe election site. • Patt Haugen, 3421 Cliffside Drive who spoke and provided Council with photos
of sidewalk and street issues along Cliffside Drive. She asked for a status on repairs for sidewalk and street.
City Council Regular Meeting November 4, 2008 286 • Tony Wilenchik, 1040 Ivory Creek, who provided Council with update of School Board meeting regarding redistricting. A committee has
been formed, and at a meeting on November 22, 2008 the committee will discuss the redistricting matter. He asked that anyone with an interest attend the meeting that he and the Mayor
will attend. • Jeff Kahn 206 Cliffside Drive who gave his support for the development (item 6, specific use permit) adjacent his property, he believes the business is suited for the
area. • Jim Fowler, 1057 Boxer Pass who also spoke on voting issues at the Northcliffe election site having to do with Schertz residents not being recognized, because of their address
on driver’s license. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 28, 2008. Mayor Baldwin recognized
Council Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of October 28, 2008. Vote was unanimous. Motion Carried 2. Resolution No. 08-R-49 -Consideration
and/or action on an Interlocal Agreement with Schertz–Cibolo-Universal City ISD relating to sewer line facilities. (M. Spain). (This item was brought back to Council at the request of
City Attorney) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Scagliola who moved,
seconded by Mayor Pro-Tem Wilenchik to approve Resolution No. 08-R-49. Vote was unanimous. Motion Carried 3. Ordinance No. 08-T-50 -Consideration and/or action relating to Reinvestment
Zone Number Two, City of Schertz, Texas authorizing Final Project Plan and Reinvestment Zone Financing Plan for the Zone, including reaffirming certain appointments to the Board of Directors
of the Zone. Final Reading (M. Spain). Mayor Baldwin recognized City Attorney Michael Spain, who reported no changes. Mayor Baldwin recognized Council Member Trayhan who moved, seconded
by Council Member Scagliola to approve Ordinance No. 08-T-50 final reading. Vote was unanimous. Motion Carried 4. Resolution No. 08-R-50 – Consideration and/or action relating to Reinvestment
Zone Number Two, City of Schertz, Texas authorizing an Interlocal Agreement and Development Agreement. (M. Spain.) Mayor Baldwin recognized City Attorney, Michael Spain who introduced
this item explaining specifics and answering questions from Council. Mayor Baldwin recognized
City Council Regular Meeting November 4, 2008 287 Council Member Trayhan who moved, seconded by Mayor Pro-Tem Wilenchik to approve Ordinance No. 08-T-50 final reading. Vote was unanimous.
Motion Carried 5. Ordinance No. 08-M-51 – Consideration and/or action amending Ordinance No. 05-M-02 relating to Chapter 2, Article V, “Administration Transportation Safety Advisory
Commission to include alternate members. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin, who introduced this item answering questions from Council. Mr.
Dublin stated that revised by-laws were submitted late Monday for Council’s review and consideration. City Attorney Michael Spain explained that he would be making minor corrections
to the by-laws and added that the way the ordinance is written revisions or amendments to the by-laws do not need to come before Council for consideration. Mayor Baldwin recognized Council
Member Fowler who moved, seconded by Mayor Pro-Tem Wilenchik to approve Ordinance No. 08-M-51 first reading. Vote was unanimous. Motion Carried 6. Ordinance No. 08-S-49 -SUP2008-031A-Consideration
and/or action upon a request for a Specific Use Permit of 2.82+ acres land being of Lot 6 Block 1 of the Hubertus Retail Subdivision to allow the use of a Self-Storage Service Facility
in the General Business zoning district (GB) located at the southwest intersection of IH35 North and FM-1103. First Reading (M. Nichols) (Council postponed action on this item until
the November 4, 2008 City Council) Mayor Baldwin recognized Karen Mitchell, Mitchell Planning Group who introduced this item stating that all requirements to the site plan have been
met and answered questions from Council. A power point presentation was introduced and after considerable discussion, it was Council consensus to bring this item back for discussion
only at the next Council meeting of November 18, 2008, and consider final reading of the ordinance at the meeting of November 25, 2008. Mayor Baldwin recognized Council Member Trayhan
who moved, seconded by Council Member Carpenter to approve Ordinance No. 08-S-49 first reading. Vote was 3 to 2, with Council Members Scagliola and Mayor Pro-Tem Wilenchik voting no.
Motion Carried 7. Resignations/Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding resignations appointments/reappointments to Boards
and Commission/Committees. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Scagliola to appoint Tim Brown to the Schertz Economic Development
Corporation. Vote was unanimous. Motion Carried City Secretary Brenda Dennis left at 8:00
City Council Regular Meeting November 4, 2008 288 DISCUSSION AND POSSIBLE ACTION 8. Briefing by City Attorney on FEMA NFIP Grandfathering Rates. (M. Spain) Mayor Baldwin recognized City
Attorney Michael Spain, who introduced this item, providing a handout with detail information regarding “grandfather” rules under the United States Code, Code of Federal Regulations,
FEMA Flood Insurance Manual, FEMA “Flood Smart” (NPIP), FEMA “Understanding Flood Map Modernization and FEMA Flow Chart, and answered questions from Council. He stated that the information
might be helpful to residents seeking relief of increased rates and encouraged residents to provide the information to their insurance companies. He added that research will continue,
and if more information is available will provide it at the November 18, 2008 meeting. 9. Consideration and or action on questions and possible items to be placed on the next agenda.
(Mayor/City Council) Mayor Baldwin recognized Council Member Scagliola who requested to place on Council’s next agenda an update from County Election Administrator, Sue Basham regarding
recent election issues. Mayor Baldwin recognized Mayor Pro-Tem Wilenchik who requested to place an item on Council’s future agenda possibly December to discuss scheduling, and costs
related to planning a strategic planning conference next year. 10. Announcements by City Council Members, Mayor and City Manager: Council Member Fowler -TML Conference, Trunk or Treat
Event -Reported on training sessions he attended at TML Conference, October 29-31, 2008. Council Member Scagliola – TML Conference, Trunk or Treat Event -Thanked everyone that volunteered
at the Schertz Booth during the TML Conference. -Trunk or Treat Event went well and everyone was safe. Council Member Trayhan -TML Conference, Trunk or Treat Event -Also thanked everyone
that volunteered at the Schertz Booth during the TML Conference. Mayor Pro-Tem Wilenchik -TML Conference, Trunk or Treat Event -Reported he attended the TML Board of Director’s meeting
during the conference and provided an update. Council member Carpenter -TML Conference, Trunk or Treat Event -None
City Council Regular Meeting November 4, 2008 289 Mayor Baldwin -TML Conference, Trunk or Treat Event -Attended a session at the TML Conference where a very good speaker spoke on the
advantages of a Council Retreat, and is interested acquiring a copy of the CD or DVD. -Mentioned he was very proud of the Schertz Booth and the many inquires and comments on the City
Booth from individuals and other cities attending the conference. He was excited to see that more cities are showcasing their city at the conference. City Manager Don Taylor -Thanked
Council and staff for attending the TML Conference and taking advantage of training sessions offered. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section
551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin adjourned the regular meeting into Executive Session
at 8:12 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8:47 p.m. 11. Take any action deemed necessary as a result of the Executive Session. No action
taken. ADJOURNMENT As there was no further action, Mayor adjourned the meeting at 8:48 p.m. __________________________________ Hal Baldwin, Mayor ATTEST: _____________________________________
Mary Ybarra, Deputy City Secretary
City Council Special Meeting November 12, 2008 290 MINUTES SPECIAL MEETING November 12, 2008 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 12, 2008 at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin
Mayor Pro-Tem Tony Wilenchik Council Member Jim Fowler Council Member John Trayhan Staff Present: Asst. City Mgr. John Bierschwale Asst. City Mgr. David Harris City Secretary Brenda
Dennis City Attorney Michael Spain CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. 1. RESOLUTION NO. 08-R-51-Consideration and/or action on the canvass
of the November 4, 2008 Special Charter Election results. (Mayor Baldwin, Michael Spain and Brenda Dennis). Mayor Baldwin introduced this item and recognized Mayor Pro-Tem Wilenchik
who moved seconded by Council Member Trayhan to approve Resolution No. 08-R-51 canvassing the results of of the Special Charter Election held on November 4, 2008 with the following results:
Early Voting Votes Election Day Votes Total Votes Total Votes YES NO YES NO YES NO Prop. 1 3210 2330 611 476 3821 2802 Prop. 2 4312 1235 841 245 5153 1480 Prop. 3 3603 1864 659 420 4262
2284 Prop. 4 2495 2993 477 600 2972 3593 Prop. 5 4553 952 861 222 5414 1174 Prop. 6 2385 3138 466 621 2851 3759 Prop. 7 2251 3130 466 604 2717 3734 Prop. 8 3854 1556 719 348 4573 1904
Prop. 9 3358 2092 634 445 3992 2537 Prop.10 4615 871 867 211 5482 1082 Prop.11 4157 1264 795 284 4952 1548 Prop.12 4859 625 947 139 5806 764 A total of ballots cast during early voting
were 5608 by personal appearance, or by mail ballots, and 1108 votes were cast on Election Day. Total number of votes cast in this election was 6716.
City Council Special Meeting November 12, 2008 291 Proposition No. 1 Qualifications 4.02 and 8.01 Passed Proposition No. 2 Vacancies, Forfeiture, Filling of Vacancies Passed 4.06(c)(1)
Proposition No. 3 Prohibitions 4.07(a), 12.02(a)(4), and 12.02(a)(5) Passed Proposition No. 4 Meetings and Procedure 4.09(e)(1) and 11.02 Failed Proposition No. 5 Appointment; Qualifications;
Compensation Passed 5.01 Proposition No. 6 Appointment; Qualifications; Compensation Failed (Assistant City Managers) 5.01 Proposition No. 7 Tax Assessor-Collector 6.07(a) Failed Proposition
No. 8 Director of Finance 7.10(b)(11) Passed Proposition No. 9 Determination of Election Results 9.03 Passed Proposition No. 10 Prohibitions 12.02(a)(4) Passed Proposition No. 11 Prohibitions
12.02(a)(6) Passed Proposition No. 12 Liability for Personal Injuries or Death 12.04 Passed ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 6:02 p.m.
__________________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: November 18, 2008 Department: Business Office/Utility Billing Subject: Utility Billing Bad Debt Write-Offs BACKGROUND:
Per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment.
FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write-off $47,392.97 of uncollectible Water, Sewer, Garbage and Drainage Accounts. The amounts
included in this request are for the period of October 1, 2006 through September 30, 2008. All collection efforts have been exhausted. I am forwarding this request for approval; it is
the recommendation of the City Auditor, Fred Timmons, to keep our receivables current. RECOMMENDATION Staff recommends Council approval. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ: That the above stated Utility Billing recommends City Council approve the Write-Off amount of $47,392.97. PASSED AND APPROVED at a regular meeting of the City Council of
the City of Schertz, Texas this 18th day of November, 2008, at which meeting a quorum was present, held in accordance with the provisions of the Texas Government Code, §551.001 et seq.,
as amended. APPROVED Hal Baldwin, Mayor ATTEST: ___________________________________ Brenda Dennis, City Secretary Memo-Resolution.doc
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2008 Department: Economic Development Subject: Resolution No. 08-R-52 -Approval of an Infrastructure Development
Agreement between SCC Development Company, LLC. and the City of Schertz Economic Development Corporation in the amount of $28,600 BACKGROUND The developer for the Walgreen’s property
is requesting a subsidy to offset the cost of TxDOT improvements to service part of the development. There are 5 lots in the development, with Walgreen’s having closed on Lot 5 and Lot
6 (2.82 acres) currently under contract with a buyer. The remaining Lots 2 (.85 acres), 3 (.9776 acres), and 4 (1.212 acres) are to be sold in the future. TxDOT required the developer
to install a left turn lane to service the development. This improvement cost the developer an additional $206,809, which was not figured into the original development budget. A breakdown
of these development costs are outlined below: The EDC Board of Directors voted on June 26, 2008 to pay a portion of the development costs with the intent that a lower cost on the pad
sites will induce further development. DEVELOPMENT AGREEMENT SCC has already made the improvements as outlined in the Infrastructure Development Agreement.
ANALYSIS & DISCUSSION: Based upon calculations, every $10,000 of public support lowers the cost of the three lots by approximately $.08 dollars per square foot. The lower the cost of
the pad sites, the more quickly they will be purchased and developed into revenueproducing entities. Walgreen’s will not share in the increase because they locked their lease rates in
before the full extents of the development costs were known. The developer has said that due to the inferiority of Lot 6 with a lack of Interstate frontage, he cannot pass along additional
costs on this site either. Given these facts, the developer has structured the pricing of Lots 2, 3, and 4 to absorb the unforeseen development costs of the entire 5 lots. Staff is now
aware that a Firestone Tire operation has submitted plans for construction on Lot 2 and a limited service, fast food restaurant is considering Lot 3. Lot 4 was to be reserved for a bank,
but given the current state of the industry, it is difficult to say whether or not this will go forward in the near future. Over a five year period, the Walgreen’s store alone will generate
direct and indirect sales tax dollars of approximately $270,000. FISCAL IMPACT $28,600, paid by the EDC. RECOMMENDATION Approval of Resolution 08-R-52 approving an Infrastructure Development
Agreement between the EDC and SCC. ATTACHMENT Resolution 08-R-52, with the Development Agreement attached
Board Memorandum Page 4 The following EIA shows the impact of the Walgreen’s development exclusively: Analysis for Schertz, TX and Guadalupe, Texas County This output worksheet provides
estimates of the direct, indirect, induced, and total effects of the development on employment, income, and tax receipts. The estimates are based on the data entered in the Data Entry
sheet. No data are to be entered on this sheet. Estimated Effects of Project on Employment, Investment, and Spending Estimated Effects of Project on Tax Receipts Indirect & Indirect
& Direct induced Total Direct induced Total Employment 25 13 38 Property tax receipts Project Investment Total payroll $682,000 $341,000 $1,023,000 Real $5,576 $279 $5,855 Personal $6,341
$317 $6,658 Investment Residential $256 na $256 Real $1,363,440 $68,172 $1,431,612 Distribution of property tax receipts Personal $300,000 $15,000 $315,000 to schools $0 $0 $0 Residential
$62,500 na $62,500 Elsewhere $12,173 $596 $12,768 Sales tax receipts Spending subject to sales sales or franchise tax to county from Sales tax in county from project $1,800,000 Project
spending $0 $0 $0 Franchise tax from project $6,820 Consumer spending $0 $0 $0 Consumers, total: $68,200 to specific city/town from in county $61,380 $30,690 $92,070 Business spending
$36,000 $18,000 $54,000 in city/town $4,297 $2,148 $6,445 Consumer spending $86 $43 $129 to all other cities/towns in county from Business spending $0 $0 $0 Consumer spending $1,142
$571 $1,713 Other ongoing tax receipts in specific city/town na na na elsewhere in county na na na Estimated Total Tax Receipts Estimated Tax Receipts per Direct New Job Indirect & Indirect
& Direct Induced Total Direct Induced Total Total Tax Receipts $49,421 $19,210 $68,630 Tax Receipts per Direct Job $1,976.83 $768.39 $2,745.21 Sales tax receipts in city $36,086 $18,043
$54,129 Sales tax receipts in city $1,443.44 $721.72 $2,165.16 Franchise fees in city from project $20 $0 $20 Franchise fees in city from project $0.82 $0.00 $0.82 Sales taxes in other
cities $1,142 $571 $1,713 Sales taxes in other cities $45.67 $22.83 $68.50 Sales taxes for county $0 $0 $0 Sales taxes for county $0.00 $0.00 $0.00 Property tax receipts in county $12,173
$596 $12,768 Property tax receipts in county $486.90 $23.83 $510.74 Other ongoing taxes in county $0 $0 $0 Other ongoing taxes in county $0.00 $0.00 $0.00 Summary Interpretation of Data
Additional Payroll. The25 new jobs associated with the proposed project are projected to directly result in $0.682 million in additional payroll. Assuming a local economic impact multiplier
of 1.5, each dollar of direct payroll will generate an additional 50 cents of indirect and induced wage income locally, for a total addition to payroll of $1.023 million. Property Tax
Receipts. Assuming that the $1.663 million investment in plant and equipment associated with the project ultimately finds its way onto the property tax rolls, property taxes associated
directly with the project could total $12,172 annually. And assuming a local economic impact multiplier of 1.5, and a constant capital to output ratio, the $1.663 million capital investment
could also result in an additional $0.083 million in indirect and induced investment subject to property taxes. If the 25 new jobs generate demand for1 new housing units with an average
value of $125,000, the proposed project could expand the residential property tax rolls by as much as $0.063 million. Such as impact would be associated with approximately $255 in new
property tax receipts annually. Sales Tax Receipts. Assuming that the volume of consumer purchases subject to sales tax averages 10% of personal income, the additional payroll would
add $1,841 annually to sales tax collections in the county. Miscellaneous project purchases not exempt from sales taxes estimated at $1.8 million, might, given the corresponding multiplier
expenditures, add $54,000 annually to sales tax collections in the county. Total Tax Receipts. The project as outlined could be expected to generate total direct and indirect tax revenue
in the county equal to $68,630. Of this amount, $12,768 would come in the form of higher property tax receipts in the county. An additional $54,128 of city sales taxes would be generated
in Schertz, TX and $1,712 sales tax revenue would be generated in other cities and towns in the county. Total tax revenue generated in the area is estimated at $2,745 per new direct
job.
RESOLUTION NO. 08-R-52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INFRASTRUCTURE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT
CORPORATION AND SCC DEVELOPMENT COMPANY, LLC., AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined
that it is in the best interest of the City to approve an Infrastructure Development Agreement between the City of Schertz Economic Development Corporation and SCC Development Company,
LLC.,
relating to economic development incentives for a new commercial development in the City; now, therefore, 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 approve and deliver an Infrastructure Development Agreement with the parties described therein 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 18th day of November, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary
(CITY SEAL)
EXHIBIT A INFRASTRUCTURE DEVELOPMENT AGREEMENT See attached A-1
Development Agreement Page 1 of 4 September 16, 2008 INFRASTRUCTURE DEVELOPMENT AGREEMENT This INFRASTRUCTURE DEVELOPMENT AGREEMENT (hereinafter the "Agreement") is made as of the last
date set forth below by and between CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (the "EDC"), a Texas non-profit corporation, and SCC DEVELOPMENT COMPANY, LLC ("SCC"), a Texas limited
liability company, as follows: WHEREAS, SCC owns 7.85 acres of land and recently completed public infrastructure improvements in connection with construction on a 14,748 square foot
retail operation in the City of Schertz, Texas; and WHEREAS, the installation of an upgraded fire hydrant line will allow for further development of the properties owned by SCC, increasing
the tax base of the applicable taxing entities and enhancing job opportunities for the area citizens; and WHEREAS, the EDC is a tax supported non-profit corporation under Art. 5190.6,
Texas Revised Civil Statutes, Sec. 4B, whose primary revenue is from sales tax collected within the City of Schertz, and is committed to assist in the retention of existing jobs, the
creation of new jobs and the increase in capital investment in the private sector within the City of Schertz, Texas, and its surrounding trade areas; and WHEREAS, the EDC and SCC acknowledge
that the installation of such public infrastructure improvements in the City of Schertz required a substantial capital investment by SCC and will benefit the entire City of Schertz and
its citizens by allowing for further expansion of the tax base and job opportunities in the City of Schertz and associated taxing entities; and WHEREAS, the EDC desires to assist with
the expansion of the tax base and creation of job opportunities of the City of Schertz by, among other things, providing economic development incentives to SCC in consideration of SCC’s
expansion of the tax base and the creation of such job opportunities in the City of Schertz; and WHEREAS, the EDC, in its negotiations with SCC, offered to pay a portion of certain infrastructure
development costs required for development at the SCC site location; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
it is agreed by the EDC and SCC as follows: 1. SCC has complied: (a) With the City of Schertz’ request to upgrade a fire hydrant line on its property. 2. In consideration of SCC entering
into this Agreement and taking the action set forth in Paragraph 1 above, the EDC agrees to contribute economic development incentives to SCC in the sum of TWENTY EIGHT THOUSAND AND
SIX HUNDRED DOLLARS upon the complete execution of this agreement.
Development Agreement Page 2 of 4 September 16, 2008 3. SCC specifically agrees that the EDC shall only be liable to SCC for the actual amount set forth in Paragraph 2 and shall not
be liable to SCC for any other or consequential damages, direct or indirect, attorney's fees, court costs, or any other amount for any act of default by the EDC under the terms of this
Agreement. It is further specifically agreed that the EDC shall only be required to make the payment set forth in Paragraph 2 solely out of its sales tax revenue currently collected,
allocated and budgeted. 4. SCC represents and warrants as follows: (a) all documentation (invoices, certifications, subdivision drawings, etc.) either previously provided to the EDC
or subsequently provided to the EDC pursuant to the terms of this Agreement are or will be true and correct representations of the matters set forth therein, and; (b) no officer, director
or employee of the EDC or the City of Schertz has been or will be compensated in any manner with respect to directly or indirectly in respect to the negotiation and execution of this
Agreement and the payment to SCC of the economic development incentives as provided herein. 5. (a) SCC certifies that its operation within the City of Schertz does not and will not knowingly
employ an undocumented worker, as defined in Chapter 2264, Subchapter A, Texas Government Code, as amended (the “Act”); (b) Pursuant to the Act, if SCC is convicted of a violation under
8 U.S.C. Section 1324a(f), after receiving the payment described in Paragraph 2, SCC shall promptly give the EDC written notice of such violation and SCC shall repay the amount of the
payment with interest, at a rate of 7.00 % per annum not later than the 120th day after the date SCC notifies the EDC of the violation; 6. No term or provision of this Agreement or act
of the EDC in the performance of this Agreement shall be construed as making the EDC or its officers, directors, agents or employees, the agent, servant, employee or contractor of SCC
or shall create a partnership between the EDC and SCC. 7. SCC shall not make any use of the EDC's name for publicity in connection with SCC business or activities without the prior written
consent of the EDC. The EDC may make known its contributions to SCC in whatever public manner it deems appropriate in its sole discretion. 8. All representations, warranties, or covenants
of the parties, as well as any rights and benefits of the parties, shall survive the execution hereof, and not be merged therein. 9. The EDC agrees to maintain all records and information
provided by SCC confidential unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, or to the provisions of the Texas Public
Information Act [Chapter 552 of the Texas Government Code] as amended. 10. In case any one or more of the provisions, clauses, phrases or words contained in this Agreement shall, for
any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality illegality or unenforceability shall not affect the other provisions hereof, and
this
Development Agreement Page 3 of 4 September 16, 2008 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Each party acknowledges
that both parties have had the opportunity to be represented by counsel, that the terms of this Agreement were negotiated between the parties and that this Agreement will be construed
as having been drafted equally by both parties. 11. This Agreement may NOT be assigned by SCC without the prior written consent of the EDC. 12. This Agreement shall be construed under
and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Guadalupe County, Texas. 13. This Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their respective successors and assigns. 14. In the event of a dispute between the EDC and SCC over issues related to this Agreement,
the parties agree to submit such disputes to mediation by a mutually agreeable mediator prior to the institution of any suit to resolve the dispute or to enforce the terms of this Agreement.
15. Any signatory to this Agreement who is the prevailing party in any legal proceeding against any other signatory brought under or with relation to this Agreement or transaction, shall
be additionally entitled to recover court costs and reasonable attorney's fees from the non-prevailing party, except as specifically otherwise provided herein. 16. This Agreement constitutes
the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 17.
The obligations of the EDC under this Agreement are subject to the approval thereof by the City Council of the City of Schertz in accordance with the requirements of Article 5190.6,
Texas Revised Civil Statutes, and the Articles of Incorporation and Bylaws of the EDC. If the EDC is unable to obtain such approval, this Agreement shall not become effecti
ve. Development Agreement Page 4 of 4 September 16, 2008 EXECUTED the day of , 2008. CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: STEVEN WHITE, PRESIDENT 1400 Schertz Parkway
Schertz, TX 78154 Telephone: (210) 619-1070 Facsimile: (210) 619-1079 EXECUTED the day of , 2008. SCC Development Company, LLC. By: Title:_______________________________________ 301
Congress Ave., Ste. 1550 Austin, TX 78701 Telephone: (512) 329-9947 Facsimile: (512) 329-9948 APPROVAL BY CITY OF SCHERTZ The obligations of the EDC as set forth above were approved
by the City Council of the City of Schertz in accordance with the requirements of law. EXECUTED the day of , 2008. CITY OF SCHERTZ By: Don Taylor, City Manager
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2008 Department: Administration Subject: City of Schertz Official Posting Board BACKGROUND With the recent renovations
being done to old City Hall, building one, it is necessary to move the official posting boards. FISCAL IMPACT None RECOMMENDATION Staff recommends Council consider moving the official
posting boards to the Municipal Complex Council Chambers Building #4.
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 18, 2008 Department: Planning & Zoning Subject: DISCUSSION ONLY: Ordinance No. 08-S-49 Consideration and/or action
upon a request for a Specific Use Permit and associated Site Plan of 2.82+ acres of land being Lot 6, Block 1 of the Hubertus Retail Subdivision to allow the use of a Self-Storage Service
Facility in the General Business District (GB) located at the southwest intersection of IH-35 North and FM-1103. Final Reading BACKGROUND: This Council approved this item at their November
4, 2008 meeting and requested a discussion only item be placed on the November 18, 2008 agenda. Below is a table that clarifies Councils questions regarding the height of the requested
building in relationship to the surrounding developments: Permitted height in GB Zoning 120’ high Arrington main structure 45’-11” ± high Firestone (approved 10-22-08) 34’ high Walgreens
(Approved 8-8-07) 38’-6” high The Economic Development Department is in the process of working out issues with the developer. City Council schedule is as follows: DATE ITEM ACTION Tuesday,
November 4, 2008 Zoning Public Hearing and First Reading of Ordinance. (Approved 3:2) Tuesday, November 18, 2008 Zoning Discussion Only of Ordinance. Tuesday, November 25, 2008 Zoning
Final reading of Ordinance. Attachments: Proposed Ordinance Item 5 SUP2008-031A Arrington Self Storage-[11-18-08].doc
ORDINANCE NO. 08-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY GRANTING A SPECIFIC USE PERMIT
AND ASSOCIATED SITE PLAN FOR 2.820± ACRES OF LAND BEING ALL OF LOT 6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION COMAL COUNTY, SCHERTZ, TEXAS TO ALLOW A SELF STORAGE FACILITY IN THE GENERAL
BUSINESS DISTRICT (GB); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE;PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, Arrington Self Storage of Schertz,
has applied for a Specific Use Permit for approximately 2.820 acres of land described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”)
for a Self Storage Facility. WHEREAS, on October 8, 2008 the Planning and Zoning Commission conducted a public hearing and determined that this request was in the interest of the public
safety health, and welfare and recommended approval of the requested Specific Use Permit with conditions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SCHERTZ HEREBY ORDAINS: SECTION
I “Granting a Specific Use Permit for 2.820± acres of land being all of Lot 6 Block 1, Hubertus Retail Subdivision, Comal County, Schertz, Texas to allow a Self Storage Facility in the
General Business District (GB) more particularly described in the Field Notes and Map, attached hereto as Exhibit “A”-Specific Use Permit and Exhibit “B” -Site Plan”. SECTION II The
Official Zoning Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance No. 96-S-28 shall be changed to reflect the above amendments. SECTION III SUP2008-031A
ORD. # 08-S-49
This Ordinance shall include the following Conditions for the Arrington Self Storage Facility as recommended by the Planning and Zoning Commission and approved by the City Council as
reflected on Exhibit “B”, attached hereto; 1. Provide wrought iron fencing where no building abuts property line. 2. Provide living landscape screen and/or berm in areas that abut outside
perimeter to provide concealment. 3. To restrict hours of operation from 6AM to 10PM 4. No rotating sign will be allowed. Provide a note to site plan that states, “Signage will comply
with current UDC at time of application of a sign building permit.” 5. Provide a note on the site plan that states “an emergency exit will be provided (by property owner) when the future
right-of-way is constructed at the south of the property”. 6. Remove the 13 parking spaces as identified in the “Future Right-of-Way Reservation” and add landscaping in this area. 7.
Any vehicle storage will be restricted to Building E. SECTION IV This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with
the requirements of the City of Schertz and the laws of the State of Texas SECTION V 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. SECTION VI The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION VII SUP2008-031A ORD. # 08-S-49
SUP2008-031A ORD. # 08-S-49 Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor
and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the 4th day
of November, 2008. PASSED, APPROVED AND ADOPTED the ___ day of November, 2008. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________
City Secretary, City of Schertz, Texas (SEAL OF THE CITY)