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11-13-2018 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL November 13, 2018 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledtes of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Recognition and Presentations • Presentation regarding the SCUCISD Annual Essay and Art Contest winners. (B. Dennis /C. Allen /D. Weirtz) • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) - Student Mayors — Dobie Jr. High, 8th Grade Bennett Daniel and Corbett Jr. High, 8th Grade Margaret Zentil - Student Councilmembers — Dobie Jr. High, 7th Grade Abigail Easton and Corbett Jr. High, 7th Grade Joaquin Garcia Employee Recognition • Animal Services: Ginger Dispain, Alysha Harvego, Animal Services Officer • Planning & Community Development: Armando Alcala, Building Inspector • Public Affairs: Public Affairs Events Attendant David Shurtleff • Police Department: Thomas Marquez, Police officer City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by the Acting City Manager (B. James) 11 -13 -2018 Council Agenda • Announcements and recognitions by the Mayor (M. Carpenter) 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 Dearing of `Residents portion of'the agenda, will call on those persons who have signed up to speak in the order they have registered. Workshop • Briefing regarding the outdoor swimming pools. (B. James /L. Shrum) 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 Couneilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of October 23, 2018, the minutes of the special meeting of October 30, 2018 and the minutes of the special meeting of November 8, 2018. (B. Dennis) 2. Ordinance No. 18 -S -35 - Consideration and/or action approving an Ordinance regarding a request for a rezone approximately 1.8 acres of land from Single - Family Residential /Agricultural District (R -A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West of Schaefer Road. Final Reading (B. James /L. Wood/B. Cox) 3. Calling a Special Meeting November 20, 2018 — Consideration and/or action calling a special meeting on Tuesday, November 20, 2018 to canvass the results of the November 6, 2018 General Election. (B. James /B. Dennis) 4. Resolution 18 -R -141 — Consideration and/or action authorizing the renewal of a Multi -year Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS mapping software. (B. James /M. Clauser) 5. Resolution No. 18 -R -1.42 — Consideration and/or action authorizing the Acting City Manager to enter into an agreement with Green Valley Special Utility District for the 11 -13 -2018 City Council Agenda Page - 2 - transfer of Certificate of Convenience and necessity related to the development of the Parklands Subdivision. (D. Wait /J. Hooks) 6. Resolution No. 18 -R -143 — Consideration and /or action approving a Resolution authorizing the Acting City Manager to reject all proposals received for Audio Visual upgrades for the Civic Center ( #18- PS- 32- T -02). (S. Gonzalez /L. Klepper /E. Matlock) 7. Resolution No. 18 -R -144 - Consideration and /or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Blue Cross Blue Shield of Texas For Medical Insurance and UNUM for Dental, Vision, and Long- term Disability. (D. Wait /J. Kurz /J. Gohlke) 8. Appointments and Resignations to the various City Boards, Commissions and Committees — Consideration and /or action approving the appointment of Ms. Lauren Garrott as an Alternate Member to the Planning & Zoning Commission. (B. Dennis /Interview Committee /Council) Discussion and Action Items 9. Resolution No. 18 -R -145 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Babcock Road 165, Ltd. for reimbursement for a roadway extension to Ripps- Kreusler. (B. James/ B. Cox) 1.0. Ordinance No. 18 -S -36— Conduct a public hearing and consideration and /or action approving an Ordinance regarding ZC2018 -004, an amendment of Part III Schertz PH Code of Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory Buildings, Uses and Structures. First Reading (B. James /L. Wood/E. Grobe /K. Long /T. Pinder) Roll Call Vote Confirmation Requests and Announcements • Announcements by the Acting City Manager. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. • 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 1.1. Information available in City Council Packets - NO DISCUSSION TO OCCUR 11 -13 -2018 City Council Agenda Page - 3 - • Monthly update on large projects /CIP. (D. Wait/J. Harshman /T. Buckingham) • Revised 2018 . Master Calendar. (S. Gonzalez) • Separation from Employment Policy update. (D. Wait /J. Kurz) • Schertz SSLGC Refunding results. (B. James /J. Walter/M. McLiney) Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 9th DAY OF NOVEMBER 2018 AT 4:40 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. g1zENDA DENNIS Orenda Dennis, City Secretar 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 , 2018. 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 closed 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. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS 11 -13 -2018 City Council Agenda Page - 4 - Mayor Carpenter Councilmember Scagliola — Place 5 Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz- Seguin Local Government Corporation — Alternate Cibolo Valley Local Government Corporation - Alternate Councilmember Davis— Place 1 Councilmember Gutierrez — Place 2 Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Commissions Main Street Committee - Chair Councilmember Larson — Place 3 Councilmember Edwards — Place 4 Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Investment Advisory Committee Cibolo Valley Local Government Corporation Main Street Committee Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Audit Committee Interview Committee for Boards and Commissions TIRZ II Board 11 -13 -2018 City Council Agenda Page - 5 - CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Subject: City Secretary Minutes Agenda No. 1 The City Council held a Regular City Council meeting on October 23, 2018 and held a specials meeting on October 30, 2018 and November 8, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of October 23, 2018, and the minutes of the special meeting of October 30, 2018 and special meeting of November 8, 2018. ATTACHMENTS Minutes of the regular meeting of October 23, 2018, minutes of the special meeting of October 30, 2018 and November 8, 2018. MINUTES REGULAR MEETING October 23, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 23, 2018, . at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Call to Order — City Council Regular Session Mayor Carpenter called the regular Opening Prayer and Pledtes of AI Texas. (Councilmember Crawford) Councilmember Crawford t the Flags of the United Statf Proclamation • Proclanmation feeogn Douglass/A. Story May or Carpenter rea Month and thanked provided thanks to tl upcoming Candle Li order at 6:00 p the opening 7 ate of Texas. of the United States and State of by the pledges of Allegiance to iolence Awareness Month. (D. Wait/M. Bane/N. y Violence Shelter) presented the proclamation for Domestic Violence Awareness Dr their dedication to the city. Nichole Douglass and Aston Story for the continued support. They invited the Council to their igil on Tuesday, October 30th, 6:00 p.m. at Pickrell Park. • Fire Poster Winners. (Mayor /K. Long) The following were recognized as the Fire Poster Contest Winners: Winners from Kindergarten — 2" a grade 3rd place Jackson. Boney Kinder 1.0 -23 -2018 Minutes Page -1- Rose Garden Elementary 2nd Place Arianna Gaines 1 st Rose Garden Elementary 1st Place Coralie Davis 1st Paschal Elementary Winners from 3rd & 411 Grade 3rd place Hayden Mabbitt 4th Sippel Elementary 2nd Place Deyton Boney 4th Rose Garden Elementary I st place Julian Zuniga 4th ` Schertz Elementary Winners from 5th & 6th Grade Mayor's Choice Deyton Boney Employee Recognition Events and 4th ay LeDoux — Financial Analyst. (J. Walters) Development — Nick. Koplyay — Planner 1 (B. James /L. Wood) �bef(y Harris — Communications Manager. (D. Wait/M. Bane) "z, Public Affairs Events Attendant and David Shurtleff Part >: opzalez /L. Klepper) .eynolds — Utility Billing. (J. Walters /D. Hardin- Trussell) rent supervisors provided a brief bio on each of their new staff d them to Council. Mayor /Council welcomed all the new Schertz team. • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: 1.0 -23 -201.8 Minutes Page - 2 - Monday, October 22nd Early Voting Bean Early voting began Monday, October 22"d and will continue through Friday November 2, 2018. Tuesday, November 6, 2018 . is Election Day. Please see the City's Website at www.schertz.com or contact the City Secretary's office at 210- 619 -1030 for information on election locations, dates, and times Saturday, October 27' Trunk -or -Treat 5:00 pm -8:00 pm Pickrell Park Hosted by the Schertz Fire Rescue, in partnership with Family YMCA. Trunk -or -Treat offers a safe alternatiu a costume contest, hay ride, pumpkin patch photos, spo Tuesday, October 301h Candle Liaht Vigil 6:00 pm Pickrell Park To honor all women that have lost their lives in violence incident. Friday, November 2 "d Movie in the Park Featurin Pickrell Park Tuesday, N the next sehedule'O City Council meeting Tuesd can of Schertz and the Schertz :ional trick or treating with f Texas as a result of a domestic cancelled. Tuesday, November 1.3, 2018 is results of the General Election and hold the • Announcements and recognitions by the Acting City Manager (B. James) No announcements were made. • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were made. Hearing of Residents Mayor Carpenter recognized the following who spoke: • Miss Christine Myers, with Kung Jung Mu Sul who provided Council with information on their upcoming events. 1.0 -23 -201.8 Minutes Page - 3 - • Mr. Glen Outlaw, 3729 Forsyth Park, who provided his comments regarding recycling and things to think about regarding proposals moving forward. • Mr. Richard Kunz, 2960 Red Tip Drive, who came forward expressing his appreciation for the city allowing the use of the large pavilion for the Schertz Police Association (SPA) Fundraiser for Mrs. Brandee Welch who is currently fighting terminal brain cancer. He stated it was a great turn out and a success. Workshop • Discussion and update regarding the Schertz Animal Adoptitili Center. (D. Wait /M. Hansen /M.. Bane) Assistant Police Chief Bane provided a PowerPoint presentation regarding the status of recent changes and proposed plans for more future changes within the Schertz Animal Adoption Center. Consent Agenda Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the special meeting of September 18, 2018, minutes of the regular rriting of September 25, 2018, and the minutes of the Special Session held ;eptember 29, 2018., (B. Dennis) The fall wine was read into record: ORDINANCE NO. 18 -S -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT THE SOUTH EAST CORNER OF THE INTERSECTION OF FM 1518 AND MASKE ROAD, SCHERTZ, GUADALUPE COUNTY, TEXAS 3. Resolution No. 18 -R -114 — Consideration and /or action approving a Resolution authorizing an agreement with the Developer of the Homestead Subdivision project for construction of the Public Improvements Projects. (B. James /K. Woodlee) 1.0 -23 -2018 Minutes Page - 4 - The following was read into record: RESOLUTION NO. 18 -R -114 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE DEVELOPER OF THE HOMESTEAD SUBDIVISION PROJECT FOR CONSTRUCTION OF THE PUBLIC IMPROVEMENTS. 4. Resolution No. 18 -R -134 — Consideration and /or action approving a Resolution authorizing a Public Library Interlocal Agreement with :Civadaj pe County. (B. James /M. Uhlhorn) The following was read into record: R -13 The following . 18 -R -135 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING PURCHASES UP TO $75,000 WITH ANY ONE VENDOR, INCLUDING BAKER & TAYLOR, INC. AND INGRAM LIBRARY SERVICES, INC., AND OTHER MATTERS IN CONNECTION 6. Resolution No. 18 -R -136 — Consideration and /or action approving a Resolution authorizing the extension for one year of the bank depository agreement with Schertz Bank & Trust. (B. James /J. Walters) The following was read into record: RESOLUTION NO. 18 -R -136 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE EXTENSION FOR ONE YEAR OF THE BANK 1.0 -23 -201.8 Minutes Page - 5 - DEPOSITORY AGREEMENT WITH SCHERTZ BANK & TRUST, AND OTHER MATTERS IN CONNECTION THEREWITH 7. Resolution No. 18 -R -133 — Consideration and /or action approving a Resolution authorizing the acquisition of property from the Lower Colorado River Authority necessary for the completion of the Hike and Bike Trails related to the Pedestrian Routes and Bike Lanes project. (B. James /L. Shrum) The following was read into record: RESOLUTION NO. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PROPERTY FROM LOWER COLORADO RIVER AUTHORITY NECESSARY FOR THE COMPLETION OF THE HIKE AND BIKE TRAIL RELATED TO THE PEDESTRIAN ROUTES AND BIKE LANES PROJECT. 8. Resolution No. 18 -R -138 — authorizing and approving ame (B. James /L. Wood) The following was read into record: LUTION and/or action approving a Resolution . fanning and Zoning Commission Bylaws. 8 -R -138 1.0. Resolution No. 18 -R -140 — Consideration and/or action approving a Resolution authorizing the purchase of a brush truck for $150,000, and additional equipment, maintenance, and repairs up to $110,000, for a total not -to- exceed amount of $260,000.00 with Siddons Martin Emergency Group for FY 2018 -2019 (D. Wait /K. Long) The following was read into record: 1.0 -23 -2018 Minutes Page - 6 - RESOLUTION NO. 18 -R -140 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF A BRUSH TRUCK FOR $150,000, AND ADDITIONAL EQUIPMENT, MAINTENANCE, AND REPAIRS UP TO $110,000, FOR A TOTAL NOT -TO- EXCEED AMOUNT OF $260,000.00 WITH SIDDONS MARTIN EMERGENCY GROUP FOR FISCAL YEAR 2018 -2019 11. Resolution No. 18 -R -139 — Consideration and /or action approving a Resolution by the City Council of Schertz authorizing purchases up to $95,000 with any one vendor to include Southern Computer Warehouse, Intech Southwest, PCS Mobile, SHI, Dell and CDW. (B. James /M. Clauser) The following was read into record: RESOLUTION NO.48 -11-1 A RESOLUTION BY THE CITY COUNCIL OF' THE CITY OF SCHERTZ, TEXAS AUTHORIZING PURCHASES UP TO $95;000 WITH ANY ONE VENDOR, INCLUDING SOUTHERN COMPUTER WAREHOUSE, INTECH SOUTHWEST, PCS MOBILE, SHI, DELL AND CDW AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Couti�ilmemb r Gutierrez who moved seconded by Councilmember Edwards to approve consent items 1' 141. , The vote was unanimous with Mayor Pro -Tem -Sca qla, Councilrn tubers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting, for and no one voting no. Motion Passed. Discussion and Action It The following was .uct ,a_.public hearing and consideration and/or action ig a request for a rezone approximately 1.8 acres of itial/Agricultural District (R -A) and General. Business rvices (NS) located northwest of the intersection of FM First Reading (B. James /L. Wood/B. Cox) record: ORDINANCE NO. 18 -S -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.8 ACRES OF LAND FROM SINGLE- FAMILY RESIDENTIAL/ AGRICULTURAL, (R -A) AND GENERAL BUSINESS (GB) TO NEIGHBORHOOD SERVICES DISTRICT (NS). 1.0 -23 -2018 Minutes Page - 7 - Mayor Carpenter recognized Senior Planner Bryce Cox who provided a brief PowerPoint presentation introducing this item. Mr. Cox stated that the Planning and Zoning Commission made a recommendation of denial. However, staff is recommending that Council approve it. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Ms. Ashley Farrimond, Land Attorney, who spoke in favor. • Mr. Ken Greenwald, 205 Westchester Drive, who spoke on denial of this item and explained why, due to leaving one lot vacant next to it. As no one else spoke, Mayor Carpenter closed the Councilmembers provided their comments and addr Mayor Carpenter recognized Councilmem Councilmember Kiser to approve Ordinance unanimous with Mayor Pro -Tem Scagb Larson, Edwards, Kiser and Crawford va Passed. The following was for Council comments. -o staff. Larson who 18 -S -35 first - ouncilmembers for and no one seconded by The vote was no. Motion ion approving a Resolution approving r Services and Funding Agreement by Cibolo Texas, and the Cibolo Creek ?lant Regional Wastewater Facility; :ete this first amendment; and other /T. Kuhn /A. Freedman) The following LUTION NO. 18 -R -137 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO THE SOUTHERN PLANT WASTEWATER SERVICES AND FUNDING AGREEMENT BY AND AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF CIBOLO, TEXAS, AND THE CIBOLO CREEK ` MUNICIPAL AUTHORITY PERTAINING TO THE SOUTHERN PLANT REGIONAL WASTEWATER FACILITY; AUTHORIZING THE MAYOR, AND /OR THE CITY MANAGER TO EXECUTE THIS FIRST AMENDMENT; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Executive Director Dudley Wait who introduced this item providing Council with background information and why they are requesting a first amendment to the agreement. Staff recommended approval. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Crawford to approve Resolution No. 18 -R -137 approving a First 1.0 -23 -201.8 Minutes Page - 8 - Amendment to the Southern Plant Wastewater Services and Funding Agreement pertaining to the Southern Plant Regional Wastewater Facility. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 14. Resolution No. 18 -R -138 - Consideration and/or action approving a Resolution approving a Bond Order to be adopted by the Board of Directors of the Cibolo Creek Municipal Authority authorizing the issuance of obligations designated as "Cibolo Creek Municipal Authority Contract Revenue Bonds, Series 2018 (Southern Wa tcwater Treatment Plant project)"; acknowledging that these obligations will be sold 1b Hilltop Securities Inc., San Antonio, Texas, as the authorized representative of a group-Of underwriters pursuant to the provisions of a purchase contract; approving, ratifying,-reconfirming, and readopting the provisions of a regional wastewater treatment contract; authorizing the Mayor, the Mayor Pro Tem, the City Manager, and the City Secretary-oftheCity of Schrtz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with this transaction; and other matters in connection therewith. (B. James /J. Walters /J. Kuhn /A. teedtnan) The following was read into record: RESOLUTION NO. 18 -R -1 Mayor Carpenter recognized Finance Director James Walters who provided information regarding the proposed bond order and also addressed questions from council. Staff recommended approval. Mayor Carpenter moved seconded by Councilmember Crawford to approve Resolution No. 18 -R -138 approving a bond order to be adopted by the Board of Directors of the Cibolo Creek Municipal. Authority authorizing the issuance of bonds designated as Cibolo Creek Municipal Authority Contract Revenue Bonds, Series 2018 (Southern Wastewater Treatment Plant Project). The vote was unanimous with Mayor Pro -Tem Scagliola, 1.0 -23 -201.8 Minutes Page - 9 - Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 1.5. Ordinance No. 18 -B -36 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General Obligation and Refunding bonds, Series 2018 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and, distribution of an official statement pertaining thereto; authorizing the execution �,of a paying agent /registrar agreement, an official bid form, and an escrow deposit letter,, pomplying with the letter of representations on file with the depository trust company; authorizing the execution of any necessary engagement agreements with the City's Financial Advisors and /or Bond Counsel; and providing an effective date. First and,,Final (B. James/J. Walters /J. Kuhn /A. Freedman) The following was read into record: ORDINANCE NO. AND AN ESCROW DEPOSIT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON FILE `WITH THE DEPOSITORY TRUST COMPANY; AUTIIORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITII THE CITY'S FINANCIAL ADVISORS AND /OR BOND COUNSEL, AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Finance Director James Walters who introduced this item and recognized Mr.' A ,,drew Freedman, Financial Advisor, who provided Council with the low bid of 3.09% results which were received, and lock in the rate. Staff recommended approval. Mayor Carpenter moved seconded by Councilmember Scagliola to adopt Ordinance No. 18 -B -36 authorizing the issuance of City of Schertz, Texas General Obligation and Refunding Bonds, Series 2018. . The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 1.0 -23 -2018 Minutes Page - to - 1.6. Resolution No. 18 -R -132 — Consideration and/or action approving a Resolution in support of the nomination of a member for the Board of Directors of the Guadalupe County Appraisal District. (B. Dennis /Mayor /Council) The following was read into record: RESOLUTION NO. 18 -R -132 A RESOLUTION BY THE CITY COUNCIL OF THE IN SUPPORT OF THE NOMINATION OF A MEN DIRECTORS OF THE GUADALUPE COUNTY z OTHER MATTERS IN CONNECTION THEREWITI Mayor Carpenter stated he had requested that this item Council if they might have someone that they would l further stated that at this time he wished 'Coicil to t nominate, and he would come back to this time again, ]a. 1.7. TCEQ Appeal regarding pert consideration and /or action wh permit to Post Oak Clean Green .n the evening. Post Oak Clem Green Landfill — Discussion and a authorize an appeal of a TCEQ order granting a ll.'' ( A. James) of Scherti continue to nartici ed background information along with Mayor itcipated that TCEQ will deny the request for a ill permit. If that is the case, the next and final ion to District Court in Travis County. Staff & the opposition parties desire to move forward ritinue to participate as well. After discussion the City move forward with this appeal and that City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -15 & Item 17. Workshop • Workshop discussion regarding recycling. (D. Wait /J. Hooks) (Item requested by Councilmember Edwards) Mayor Carpenter recognized Executive Director Dudley Wait who provided a Power Point Presentation regarding this item providing background and other plans moving forward. Mr. Wait addressed questions from Council. Councilmembers also expressed some concerns and would like the city to investigate a composting element as well. 1.0 -23 -2018 Minutes Page - 11 - • Workshop discussion and possible action with regard to the FY 2018 -219 City of Schertz Tax Rate, FY 2018 -201.9 City of Schertz :Budget, Fiscal. Policy and long -term spending and budgeting goals of the City. (Mayor /Council) (Item requested by Mayor Carpenter. Mayor Carpenter stated that he had requested this item be placed on the agenda and asked Council and staff to think about any suggestions of policy changes to save money, ways that could lower the tax rate and look at long term spending budgeting goals. He wants Council and staff to think about this and as we move forward throughout the year, see what we can do, especially show what things we are accomplishing, due to the increase in taxes. • Workshop discussion regarding the cost of Civic Center 'Operations. (S. Gonzalez /L. Klepper) Mayor Carpenter recognized Assistant to the :City Manager Sarah Gonzalez and Public Affairs Director Linda Klepper who provided, a PowerPoint presentation; regarding the proposed operational changes of the Civic Center, "North Center and Community Center. Closed Session Mayor Carpen ter con ven ed in to closed se' ssion 9,.08 P. in. • Yroj • Proj Mayor Carpenter reconvened into regular session at 10:21 p.m. 18a. Take any action based on discussions held in closed session under Agenda Item 18. No action taken. 1.0 -23 -201.8 Minutes Page - 12 - 19a. Take any action based on discussions held in closed session under Agenda Item 19. No action taken. Mayor Carpenter moved back to agenda item 16 16. Resolution No. 18 -R -132 — Consideration and /or action approving a Resolution in support of the nomination of a member for the Board of Directors of the Guadalupe County Appraisal District. (B. Dennis /Mayor /Council) The following was read into record: RESOLUTION NO. 18 -R- City Secretary Brenda Dennis provided the roll call vote for agenda item 16. uests • Requests by. Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. • 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 1.0 -23 -201.8 Minutes Page -13 - V • Recognition of actions by community volunteers Councilmember Gutierrez stated that he attended the `Dunking for Pumpkins' event and also attended the MPO meeting this week. Councilmember Edwards stated that the TML Conference in Fort Worth was a great event and encouraged all those to attend next year, as it will be held in San Antonio. He further stated that the breakout sessions were very informative and encourages those members of Council to participate. Councilmember Crawford stated that he was able Fire Posters and attended the APA Conference lay 20. Information available in City Council Packets - Adiournment As there was no icipate in the judging of the M-lue 'T. Buckingham) Care Advisory Committee Carpenter adjourned the meeting at 1.0:26 p.m. 1.0 -23 -201.8 Minutes Page -14 - Michael R. Carpenter, Mayor MINUTES SPECIAL MEETING October 30, 2018 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 30, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Absent: Councilmember Cedric Edwards Mayor Pro -Tern David Scagliola Staff Present: /it City Secretary Brenda Dennis Human Recourses and Purchasing Director Jessica Kurz Call to Order — Special Session Mayor Carpenter called the special meeting Texas. (Counc Councilmember Davis pi Flags of the United State recognized the following who spoke: El Kiser Dan. Santee by the pledges of Allegiance to the • Mr. Brent Bolter, 2633 Cloverbrook, who had provided the City Secretary with a two -page document that he wanted read during this portion of the meeting. Mayor Carpenter stated there were no guidelines in the rules to allow this; however, Councilmembers have all been provided a copy for their information and if anyone else wants a copy, they can contact the City Secretary office to obtain one. • Ms. Janice Lapham, 5236 Columbia, who spoke about several neighborhood issues and requested some assistance from the city. The issues included vehicles parking across sidewalks, vehicles that never move, trailers /food truck parking, noise violations, barking dogs, a resident hoarder, a stop sign needed at a certain intersection and speedbumps. 1.0 -30 -201.8 Minutes Page -1- • Mr. Ken Greenwald, 205 Westchester Drive, who spoke about complaints in his neighborhood about trash haulers not picking up the recycle items. They are picking it up now; however, they are depositing it in the same truck with the regular trash. • Mr. Dana Eldridge, 2628 Gallant Fox Dr., • Mr. Greg Howell, 2525 Pillory Point, • Mr. Tim Brown, 1109 Drayton, • Ms. Allison Heyward, 2628 Hansel Heights, • Mr. Jeff Womack, 2944 Mineral Springs, The five citizens listed above all requested Council wait city manager so that the newly seated councilmember(s) c hiring decision. • Ms. Michelle Womack, 2944 Mineral. from Mr. Brent Bolter, which recor determine who will be the new city ma Closed Session Mayor Carpenter convened into closed 1. City Council will meet in closed ses Code, Personnel Matters to deli reassignment, duties; discipline, or di Mayor Carpenter recon 1 a. T taken. No roll call vote nests and Ann 32 p.m. the the election to hire a new articipate in this important ;d permission to read the memo wait until after the election to 551.074 of the Texas Government fitment, employment, evaluation, Manauer. 10: 08 p. m. in closed session under Agenda Item 1. 2. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items were requested. Adjournment 1.0 -30 -201.8 Minutes Page - 2 - As there was no further business, Mayor Carpenter adjourned the meeting at 10:09 p.m. Michael R. Carpenter, Mayor G M Brenda Dennis, City Secretary 1.0 -30 -201.8 Minutes Page - 3 - MINUTES SPECIAL MEETING November 8, 2018 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 8, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Bert Crawford Absent: Councilmember Cedric Edwards Mayor Pro -Tem David Scagliola Staff Present: /i City Secretary Brenda Dennis Human Recourses and Purchasing Director Jessica Kurz Call to Order — Special Session Mayor Carpenter called the special meeting Texas. (Counc Councilmember Gutier the Flags of the United reco • Mr. Brent Bolter, newly elected offic of a new City Man; opening 1 of Texas. following who spoke: Kiser Charlie Zech :01 P.M. Mowed by the pledges of Allegiance to loverbrook, who expressed to members of Council that the two seated and be a part of and participate in the process of the hiring • Mr. Dana Eldridge, 2628 Gallant Fox Dr., who complimented the four (4) individuals; Bert Crawford, Allison Heyward, Chelsea Skrobarcek and Tim Brown for running for office of City Council places. Mr. Eldridge also agreed with Mr. Bolter that the two (2) newly elected officials should be a part of the hiring process of the City Manager. He encouraged the Council to wait for a decision tonight. Closed Session Mayor Carpenter convened into closed session at 6 :10 p.m. 11 -8 -2018 Minutes Page - i - I . 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 City Manager. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:43 p.m. Take any action based on discussions held in closed session No action taken. Roll Call Vote Confirmation No roll call vote was necessary. Requests and Announcements Requests by Mayor and agenda. No items were requested. Adjournment As there was no 0 1.1 -8 -201.8 Minutes Page - 2 - Item 1. on a future City Council . the meeting at 9:43 p.m. Michael R. Carpenter, Mayor Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Planning & Community Development Subject: Ordinance No. 18 -S -35— Consideration and/or action on a request to rezone approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R- A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West Schaefer Road. (Final Reading) On September 12, 2018 the case was presented to the Planning & Zoning Commission for recommendation to City Council. Staff is recommending that the City Council view the video for the September 12th meeting. Specifically, this item begins at the 7:32 minute completing at the 34:45 minute on the YouTube video. Toward the end of this CCM staff has provided an overview of the Planning & Zoning Commission meeting, which highlights the public hearing comments, and the Commissioners comments in relation to the zoning case. The applicant is proposing to rezone approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services District (NS). Currently, 1.032 acres of the subject property is zoned General Business (GB). The other 0.672 acres is currently zoned Single- Family Residential / Agricultural (RA). The subject area is generally located North West of the intersection of FM 1518 and West Schaefer Road. The subject property consists of undeveloped land. The public hearing notice was published in the San Antonio Express News on October 3, 2018. Fourteen (1.4) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on August 30, 2018, prior to the Planning & Zoning Commission meeting that took place on September 1.2, 2018. At the time of this report, Staff has received zero (0) responses in favor, twenty -nine (29) response opposed, and zero (0) responses neutral to the request. 3 of the 29 opposition responses are within the 200 feet legal notice buffer area as defined by State Law. These 3 responses equate to 7.0024% of the property within the 200 foot buffer area around the subject property. Per state law this does not qualify as a legal protest, City Council Memorandum Page 2 which requires 20% of the property owners and which would require approval by a super majority of Council. City Council approved this on first reading at their meeting of October 23, 2018. Goal The proposed rezone is for approximately 1.8 acres of land from Single - Family Residential / Agricultural District (R -A) and General Business District (GB) to Neighborhood Services District (NS) located North West of the intersection of FM 1518 and West Schaefer Road Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action. The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan and Schertz Sector Plan designates the subject property as Mixed Use Neighborhood. The objectives for Mixed Use Neighborhood encourages a mix of residential uses as well as limited commercial development to support the daily activities of the area. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive :Plan Specifically, the Mixed Use Neighborhood designation on the Future Land Use Plan allows for limited commercial development. The Neighborhood Services zoning district would allow for the limited commercial uses desired by the Future Land Use Plan and Comprehensive Land Plan. • Impact on Infrastructure: The proposed rezoning should have a minimal impact on the existing water system. Currently there is an 8" waterline within. Schaefer Road and a 12" waterline adjacent to FM 1518. The subject property does not currently have sanitary sewer infrastructure. • Impact on Public Facilities /Services: The proposed rezoning 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 vacant land and right of way, outside of the adjacent vacant / undeveloped land there is a commercial business, and an existing single- family residential home. Across the West Schaefer Road right of way there is an existing single family residential subdivision. The proposed Neighborhood Services zoning is intended to provide suitable areas for the development of certain service and retail uses in proximity to residential neighborhoods. The Neighborhood Services zoning district is designed to be adjacent to single - family residential as a buffer to more intense land uses. City Council Memorandum Page 3 The applicant is requesting to rezone the property from Single - Family Residential / Agricultural District (R -A) and General. Business District (GB) to Neighborhood Services District (NS). The Comprehensive Land Use Plan section which reviews this portion of Schertz was adopted in 2002, however the 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focusing on the northern and southern areas of Schertz examined the area where the subject property is located. The Schertz Sector Plan amendment identifies this property as Mixed Use Neighborhood. The Comprehensive Land Use Plan describes Mixed Use Neighborhood as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow for limited non - residential development. The current zoning on the property is split between Single- Family Residential / Agricultural and General :Business. Approximately 1.032 acres of the proposed 1.704 acre rezone is currently zoned General Business (GB). The proposal to rezone to Neighborhood Services District is more consistent with the Comprehensive Land Use Plan and the adjacent residential than the existing General Business District. Per the Permitted Use Table within the Unified Development Code only 34 land uses are allowed by right in the Neighborhood Services District. This is compared to the next level of intensity commercial, General Business District, which allows 69 land uses by right. Some of the land uses that would be allowed currently on the portion of the property that is zoned General Business that would no longer be allowed if this zone change to Neighborhood Services were approved include Dance Hall / Night Club, Heavy Equipment Sales, Service or Rental, Hotel / Motel, Laundromat, Pawn Shop, and Tavern. The proposed Neighborhood Services District limits the number of land uses permitted by right to account for the bordering residential use that is typically seen adjacent to Neighborhood Services zoned property. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services District would allow for the limited non - residential development that would be more appropriate and compatible with the single- family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business which, roughly the first 200 feet from FM 1518 into the subject property is currently zoned. The proposed zoning of Neighborhood Services District would provide for commercial uses that are appropriate and compatible with the adjacent residential properties and the adjacent commercial business. Additionally, Neighborhood services provides the opportunity for limited service and retail uses to more conveniently accommodate the needs of the nearby residential uses. INIYG • ' • 4" RM PLANNING & ZONING COMMISSION MEETING OVERVIEW At the September 12, 2018 Planning & Zoning Commission meeting, Planning staff gave a presentation including the requested zoning, the adjacent land uses, the goals of the Comprehensive Land Use Plan for this area, the current zoning, the permitted uses within General Business (GB) and Neighborhood Services (NS), and the staff recommendation. City Council Memorandum Page 4 After the staff presentation Ashley Farrimond, land use attorney, with Kaufman Killen, representing the development, indicated that they feel the subject property is appropriate for a Dollar General and that they are happy to down zone the property to Neighborhood Services. Additionally, Ms. Farrimond also indicated that the idea is to capture the nearby residents as customers and to serve as a convenience for the adjacent residential. Additionally, there will be right -of -way dedication and improvements to the corner in order to accommodate the trucks that will be providing goods to the Dollar General on appropriate infrastructure. The following residents spoke at the September 1.2, 2018 . Planning & Zoning Commission Public Hearing: • Jim Dodson - 1.1.71.3 Cypress Barn o Continued development in the area, without increased infrastructure. Infrastructure should be put in place first and then development. Concerned with speed of FM 1518, and safety of children at new elementary school and other residents. Inquired about increase in crime associated with development of a Dollar General. Inquired about what safety measures would be put in place. Additionally, inquired on the hours of operation that will be enforced, including delivery of goods to the store. He also inquired about the actual delivery of goods to the store, and screening of the development, if a masonry wall would be required or if the existing trees could be maintained. • Denise Torres- 11705 Cypress Barn o Concerned with the number of existing Dollar Generals within the City of Schertz and surrounding area. Additionally, concerned with infrastructure, traffic, and the nearby children. Also, the proposed Dollar General is not the type of service that would be most desired by the adjacent neighborhood. Indicated concerns with trash / litter, the type of customer, traffic, and the home values in the neighborhood. Would prefer to see the property used for agricultural purposes. • Ron Stanley- 10725 FM 1518 o Inquired on any regulations that are in place that would not allow a Dollar General to be built next to a school. Concerned about crime, the type of customers that utilize this type of development. Expressed his opposition to the proposed development. Inquired about the masonry wall requirement that would be enforced. After the Public Hearing was concluded the Commissioners, staff, and the applicant had discussions related to the resident's questions. In which staff provided clarification on where a nonresidential development would be required to install a buffer adjacent to residential. Ms. Farrimond provided information on cameras that would be installed, in addition to security lighting. Ms. Farrimond also provided information on hours of operation, deliveries, and land use in proximity to a school. The following is a summary of comments made by each Commissioner in relation to the zone change request: • Commissioner Outlaw: o Mr. Outlaw indicated he was unaware that the request was in relation to the development of a Dollar General. Additionally, that the case before the City Council Memorandum Page 5 Commission is for a zoning change, not to allow or disallow the development of a Dollar General. He also indicated that until the representative and resident comments that he was unaware it was for a Dollar General. He also explained that the Commission is not voting on the project but only voting on the zoning. • Mr. Outlaw also inquired about the number of oppositions received, which staff clarified at that time 21 opposition responses had been received. Mr. Outlaw then inquired on if the number received triggered the percentage of opposition needed for a super majority at City Council. At that time staff provided clarification that it did not, due to that percentage only being from within the 200' buffer area. • Mr. Outlaw discussed the possible uses allowed within the current zoning directly adjacent to the existing residential. Mr. Outlaw went to explain that Neighborhood Services may or may not be the most appropriate but that it is more restrictive than the current zoning. Mr. Outlaw also explained that the Commission makes a recommendation to the City Council on the zoning and that it is ultimately up to them. • Commissioner Greenwald: • Questioned what would be happening with the remainder of the property. ■ In which Ms. Farrimond indicated that at this time their client is only purchasing the 1.8 acres on the corner and she was unaware of what would be taking place on the rest of the property, and as far as she is aware it would remain undeveloped. • Mr. Greenwald provided information on the widening of FM 1518 which is a TXDOT maintained roadway. He also indicated that the existing Dollar General, on Schertz Parkway, he has not witnessed a robbery except for kids stealing from within the store and getting caught. Mr. Greenwald also expressed concerns on the rest of the property remaining empty. • Commissioner Dahle: • Mr. Dahle stated that this is a rezoning case and that the Commission is not voting on the Dollar General itself. Mr. Dahle went on to state that as a resident of the area that he has concerns on the type of buildings Dollar General typically develops. Mr. Dahle indicated that he would hope and expect that a more appealing exterior facade be constructed than the prototypical. Mr. Dahle went on to state that this is a zoning case and not necessarily about the Dollar General, and that it would be discussed with the site plan. • Mr. Dahle stated that down zoning to Neighborhood Services on this corner is probably the most appropriate in order to take away some of the uses that would not be the most ideal for the community in the area. • Commissioner Braud: • Mr. Braud indicated that providing the name of the proposed business (Dollar General) adds confusion and anger to the process. • Mr. Braud also stated that he felt this proposed property was the wrong location for a Dollar General, but that Neighborhood Services was the right zoning for the property, but was unhappy with what the proposed business is. Following the Commissioners' comments Commissioner Greenwald made a motion to provide a recommendation of denial to the City Council for the proposed zone change based on the remainder of the property being excluded from the zone change. Commissioner Braud seconded the motion, indicating the same reasoning as Commissioner Greenwald. The motion for a City Council Memorandum Page 6 recommendation of denial passed 4 -2 with Commissioner Outlaw and Commissioner Dahle voting Nay. RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on September 12, 2018 and offered a recommendation of denial by a 4 -2 vote, Commissioner Dahle and Commissioner Outlaw with the Nay. Staff recommends approval of the proposed rezoning as submitted, based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Neighborhood Services is the most appropriate zoning district for this property. Staff would like to provide a reminder that when considering final action on a zoning change, the following criteria should be considered: 1. whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; 2. whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; 3. whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; 4. whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; 5. whether there have been environmental and /or economical changes which warrant the requested change; 6. whether there is an error in the original zoning of the property for which a change is requested; 7. whether all of the applicant's back taxed owed to the City have been paid in full (no application will receive final approval until all back taxed are paid in full); and, 8. whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Staff would also like to provide a reminder that when reviewing this zoning case, it is truly a decision on if Neighborhood Services is the most appropriate zoning for the subject property, not if the applicant indicated business is the most appropriate. ATTACHMENT Ordinance No. 18 -S -35 200' Notification Map Aerial Map Exhibit Citizen Responses ORDINANCE NO. 18 -S -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.8 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL/ AGRICULTURAL, (R -A) AND GENERAL BUSINESS (GB) TO NEIGHBORHOOD SERVICES DISTRICT (NS). WHEREAS, an application to rezone approximately 1.8 acres of land located northwest of the intersection of FM 1518 and West Schaefer 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 12, 2018, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to deny the requested rezoning; and WHEREAS, on October 23, 2018 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 23rd day of October, 2018. PASSED, APPROVED AND ADOPTED on final reading the 13th day of November, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" I - 1 0 . u, I; FWWM GerroveiralMalpaz Survey, Abstract No. 464 All tha 1, certain lot tract, or parcel of land, be part of the, Genovera Malpaz Survey, Abstract No. 464, at County, Texas, being part of that certain called 4.768 act a tract dew bed Ina deed fro, M, Robert L McWan and Johnnie M. McMillian toAntorfla A. Ramirez on June 7, 1991, recorded in Volume 5088, Page 1698 of the Official Public Records of War County, Texas (OPRBCT), being more corop Wely t1mribed as follows, to-wit. COMMENCING at a %" iron rod (found) for the South corner- of the above mentioned 4.768 acre tract', h the Northwest right of way of Schaefer Road, THENCE Niorth 59 deg, 52 min, 29 sec. East With the Southeast fine of the 4.768 acre tract, The Northwest right of way of Shaefer Read, a distance of 174.61 tt., to a W Won rod Ilse) for cor nor and the place of BEGINNING; THENCE North 30 deg. 08 min. 57 wc. West a dish ref f 219064 ft. to a W Iron rvd (sate for corner; 'k P1411 AP W. CORNETT, Registered Professional Land Surveyor No, 5515, dal hereby certify tbatftabove field not were prepared from, aft actual sure ey made o theground under y c racfion and supervision, GIVEN UNDER MY HAND AND SEAL, this the 29P day of AWst, 2D1& . VIII C? use d u3 I I N FI I V- M-LT N"-)I- I 'G-la-LIN Y Exhibit B "The Property" -------------- o, kg w rg -------------- V si W a) LL Z�H 3 � cu (6 'C O :3 O m "' _T U N N U U) JUL O LO N N Ln m N N O (6 M Cy tt fig' C m o L) L �i90 �d rf� WW O t6 sip a Wpm � O oo WWI i OQ? "§ ss a TWO 2 LL :2 WW X"'y, WW 2 < W WWI U 2 m !(y9�• '' 11 i� Ti W ,a;gj'ke Z � 11�13,gpFtli U U _ yQRESS��sg� cn �n w M 5 `/ )^J v/ ypNi piV t� oo �yQREaS egg° pp_d p�. T— LO :s, U LL �h � LL � Q r h Co,p s3� pe& «o �g � T ^z E p 4 � � �o e H4 I 1 fYF ii s z � s2i i R cr ?R- Emily Grobe From Teresa Sent Tuesday, September ZL2O1D7:49PK4 To: Enoi|yGrube Subject: ZC2018-005 Good evening MsEmily, My name is Teresa Smith and I'm a resident of willow grove estates. I live at 11708 Cypress Barn in Schertz. We are oppose to having the Dollar general store constructed beside our neighborhood. Thank you. Sent from my iPhone Emily Grobe From: Lauren Lee _ Sent: Wednesday, September 12,2O187:5SPK4 To: Enik/Grnbe Subject: Re-zoning Good evening, K4y husband and | were unable to meet the re-zoning meeting this evening, but | wanted to, again, express my opposition for this. We are very much in opposition to a Dollar General being put in on 1518 for a number of reasons. Please let me know if there is anything else that I can do to express my concerns. Thank you! Aauren and Kurt Lee From: DebomM]eavom Sent Wednesday, September12,2OI88:2BPM To: Enni|yGrobe Subject: NO THE ZONING MEETING FOR DOLLAR GENERAL is TONIGHT atl4OOSchertz Pkwy, Bldg 4@6p.nn.. Emily Grobe at 210-619-1784 or email her at egrobe@schertz.com to oppose or support the request for ZC2018-005 | STRONGLY OPPOSE! -Deborah ]eavons 1O441 Shadowy Dusk Schertz TX. 78154 Emily Grobe Fromm oa|C Sent: Wednesday, September 1l2Ql86:24PKi To: Enni|yGoobe Subject: Request ZC2018-005 Follow UpFlag: Follow up Rag Status: Completed [Ns. Gmbe, This email istn oppose the request for ZC2O18-UO5./ vote "NO". Respectfully, Reyno|doCannet Willow Grove resident From: TawnymPenland Sent Wednesday, September 1Z2Ol8 6iI1 pK4 To: Emi|yGnobe Subject: Dollar General Follow QpFlag: Follow up Flag Status: Ragged As a resident of Schertz who currently resides in the community of Willow Grove I am writing to tell you I am adamantly opposed to the idea of rezoning to allow a Dollar General to be built. They do not offer the kind of services that'would positively impact my property values. In fact, I feel it would negatively impact my home value. Goocie Dollar General and you will find 5 within S.3 miles. VVedo not need this. Thank-mu, Tawnya Penland Patrick Penland 11640 Cypress Barn Sent from my iPhone Emily Grobe From: chana sumler Sent: Wednesday, September 12, 2018 8:51 PM To: Emily Grobe Cc: Theodis Sumler Subject: ZC2018-005 OPPOSED! No! Nada! Nein! Sent ftom Yahoo Mail on Android From: Amy Egnew Sent: Thursday, September l3,2O1820:48AM To: Enni/yGpnbe Subject: ZoningZ[20I8-OUS OPPOSED OF THE ZONING FOR DOLLAR GENERAL request for ZC2O18'DO5 Amy Egnew 1031O Owl Woods Schertz TX 78154 E il ro a, e From: Sophie Roma} Sent: Thursday, September 13, 2018 1:46 PM To: Emily Grobe Subject: Fwd: OPPOSE DOLLAR GENERAL Good afternoon, Yesterday I sent the email below about the rezoning and noticed it bounced back. Forwarding my message to you, please let me know if there's anything or anyone else we should be reaching out to on this matter. Who would we contact on the council? Thanks! ---------- Forwarded message --- - - - - -- From: Sophie Romay Date: Wed, Sep 12, 2018 at 6:18 PM Subject: OPPOSE DOLLAR GENERAL To: <Egrobe shertz.com> To whom it may concern: I am a homeowner in Schertz at the Willow Grove subdivision (11436 Holly Forest) and am writing to oppose the building of a Dollar General. Not only would this DECREASE my property value the nearby surrounding area is saturated with Dollar Generals and adding another would be redundant. Please let me know how I can further assist in opposing the building. Best, Dr. Sophie Romay, PhD Personnel Research Psychologist Strategic Research & Assessment HQ Air Force Personnel Center =y Grobe From: Glenn Romanc Sent: Wednesday, September 12, 2018 5:04 PIVI To: Emily Grobe Subject: RE: Oppose proposal for Dollar General - ZC2018-005 Miss Grobe, My wife and I oppose ZC2018-005. Glenn & Wilhilmina Romano 11616 Arbor Park Lane Scheitz, Texas 78154 From: Thomas Chambers Sent: Wednesday, September 12, 2018 4:55 PM To: Emily Grobe Subject: ZC2018 -005 Oppose/No for a rezone on 1518 near Willow Grove subdivision re: ZC2018 -005 10220 Aurora Sky Schertz TX 78154 Tom Chambers Emily Grobe From: UdshaShelvir Sent Wednesday, September 12,20183:15PK4 To: EndlyGmbe Subject: Z[2018-O0S Hi Ms. Grobe, I live in Willow Grove estates and I was informed that if I'm unable to attend the zoning meeting tonight I could send you my response by email. My husband and I oppose this zoning request. Thank you, Litisha and Leroy Shelvin Emily Grobe From: Ma/kHuddlesbon Sent: Wednesday, September l2,20184:37PK8 To: Emi|yGnobe Subject: Dollar General I vote NO on the proposed Dollar General on 1518. Thank you MerkHuddleston Sent from my iPhone [M •b- From: Holly Keener Sent: Wednesday, September 12, 2018 4:25 PM To: Emily Grobe Subject: Zoning for Dollar General We would like to express our opposition for the Rezoning that would allow Dollar General to be built at Schafer Rd and 1518. We live in the Willow Grove subdivision. We feel there are enough dollar stores in the immediate area. We do not believe a Dollar General fits in with the higher end homes in our subdivision. Please do not allow Dollar General to build by our neighborhood. Thank you, Brian and Holly Keener 10234 Shadowy Dusk morning Emily Grobe From: Marcus and Mandy Armstrong Sent: Wednesday, September 12,2D1O3:4lPK4 To: EnnUyGnmbe Subject: Still aNC) FOR DOLLAR GENERAL Husband and I still vote NO to ZC2018-005 on the zoning or building of a Dollar General next to our subdivision (Willow Grove) on 1518. W\ Amanda and Marcus Armstrong WILLOW GROVE HOMEOWNERS From: EV Sent Wednesday, September 12,20l8334PK4 Yo: Enni|y6nobe Subject: Willow grove Good afternoon, My name is Ellycia Price and I am still unable to make the meeting tonight for the zoning of the dollar general. I would like to express that my answer is a no for building the dollar general. My address is 10415 monicas creek schertz tx 78154. Thanks again. Emily Grobe From: Todd Hackett Sent: Wednesday, September 12, 2018 3:35 PIVI To: Emily Grobe Subject: Dollar Genera I-ZC2018-005-Recommend "NO" Ms. Grobe, My name is Todd Hackett and I live at 10423 Monicas Creek, Schertz in the Willow Grove subdivision. I learned today through our HOA community FB page that the General Dollar-build proposal on Schafer Rd is still on the table. I was informed in a previous communication through the HOA that this initiative had been terminated. Is there in fact a meeting tonight at 6:00 PM to discuss this issue? If so, this is the first I'm hearing of it ... not sure what the proper communication should have been though. I have another commitment tonight so I can't attend. Had I known earlier I would be there in person to recommend a "no" on this proposal. This is zoned residential for reason, and if built, would diminish the appearance and perhaps even the value of the surrounding residential properties to include Willow Grove. Respectfully, Todd C. Hackett, Colonel, United States Air Force (retired) Regardless From: Sweet, Melinda Sent VVednesday, September 12, 2018 3I7 PM To: Emi|y6vobe Subject: OPPOSE ZC2018-005 |aong3theMz resident and would like to state nny opposition to the request for zoning for Z[2Dl8-OU5 for a Dollar Store. | am unable to attend tonight. Thank you. From Turner, Phyllis k Sent Wednesday, September 12,20I8311PK4 To: EmilyGmbe Subject: Dollar General Good Afternoon! | OPPOSE the zoning of the Dollar General Store onFM151O. Not sure why they want to stick astore on that corner, Have them to consider other areas besides. Is FM 1518 not considered a nice area like FM 3009? Why not consider close to|H1Oarea. They have a Dollar General un Loop 16U4 near the Miramar Subdivision. Isn't that enough nf Dollar General. | OPPOSE THIS VVHULEHEAKTEDUq||!! LEAVE THE WILLOW GROVE AREA ALONE(!!!! GO SOMEWHERE ELSE AND DO THEIR ZONING. I am considering moving anyways for I am tired of the school taxes and all the other craziness with having a new home built. I moved away from San Antonio thinking I was moving to a quiet, beautiful area. Low and behold, 2 schools across the street from me. NOTHAPPYH!!!!!!UU! Phyllis M.Turner Information Technology Program Service Coordinator 3698 Chambers Pass, Bldg 3G11 Fort Sam Houston, Texas 78154-6315 1 Emily Grobe From: Heather Mastrin Sent: Wednesday, September 12, 2018 3:28 PM To: Emily Grobe Subject: oppose the request for ZC2018-005 Emily Grobe, My family opposes the request for ZC2018-005. Thanks Heather Mastrin Emily Grobe From: Eileen Webster - Sent: Wednesday, September 12, 2018 3:05 PM To: Emily Grobe Cc: aeperez4@gmail.com Subject: Oppose zoning for dollar general-ZC2018-005 Hi Emily, We are unable to make tonight's town hall meeting, but we Oppose the zoning for the dollar general on 1518. We live at the willow grove estates and do not want a dollar general next to our community. Thank you, Eileen and Armando Perez Emily Grobe Fromm Brian and Sonja Sent Tuesday, September l2,2O187:5UAK4 To: Eni|y6mbe Subject: Rezone 1518 and Schaffer-homeowner To: Emily (5robe Re: Rezoning project on 1518 and Schaffer Hello Ms. Gm�� My name is Sonja Peake and |ema homeowner in Willow Grove Estates off 1518. We are unable to make it to the public hearing on September 12 regarding the rezoning request and possible building of Dollar General in the above intersection. We are totally OPPOSED to this idea. Given the newer (high end) housing development and new schools, we feel that Dollar General is NOT the right type of business in this location. There is already a Dollar General close by off 16U4. if possible, please reply to confirm receipt. Thank you! Kind Regards -`SonjaPeoke Emily Grobe From: Brian Peakp Sent: Tuesday September l]L20187:35PK4 To: Endly6mhe Subject: Rezone 1518 and Schaffer-homeowner To: Emily Gmbe Re: Rezoning project on 1518 and Schaffer Hello Ms. Grobe-- My name is Brian Peake and I am a homeowner in Willow Grove Estates off 1518. We are unable to make it to the public hearing on September 12 regarding the rezoning request and possible building of Dollar General in the above intersection. VVe are totally OPPOSED to this idea. Given the newer (high end) housing development and new schools, we feel that Dollar General isNQTthe right type of business in this location. There is already a Dollar General close by off 1604. If possible, please reply tn confirm receipt. Thank you! Kind Regards —BhnnPeake Emily Grobe From: Christophe/TaniUion Sent Tuesday, September ll,20I89i)6AK4 To: EmUv5robe Subject: Requested rezoning of property etintersection of FM 1518 and Schaeffer Rood (Dollar General) Hi Emily, \No spoke a few weeks ago regarding the proposed rezoning of approximately five acres located at the corner of FIVI 1518 and Schaeffer Road to accommodate the construction of a Dollar General. hisnv/ understanding that the proposal was withdrawn, and that e new proposal regarding the same property and the same business will be considered at a meeting of the planning and zoning commission scheduled for this Wednesday (September 12). I want to express my opposition to this proposal. The City VfSchertz already has atleast two "dollar stores" that come to mind, namely, N the Family Dollar onFM0 near the Dairy Queen, and (ii) an existing Dollar General adjacent to the Arlan's on Schertz Parkway. There may bemore that I am not aware of, |am aware that the referenced property will eventually be developed for commercial use. However, with the proposed expansion of FM 1518, it would seem to make more sense to develop the property afterwards. Also, | personally amnot in favor ofa low end "dollar store" et that location. The residences that already exist onFK415l8 have higher property values than others, and a "dollar store" may not be the best choice for that property. These are just ny two cents. Thank you for considering this and for all that you do for the City. Please tell your folks hello from the TaniUionand Hillert families. Chris Tarrillion IMMM Christopher IIooillion Attorney Bomberger Sheehan Fuller & Garza Incorporated The Quarry Heights Building 7372 Broadway, Suite 3O0 San Antonio, Texau 78209 The information in this email may be confidential and/or privileged. This email may be reviewed only by the intended recipient named above. Any review, use or disclosure of the information contained in this email, or Emily Grobe From: Laurie BlakE. Sent: Wednesday, September 12, 2018 2:52 PM To: Emily Grobe Subject: Dollar General Zoning Meeting As a homeowner of Willow Grove - still a no to Dollar General Emily Grobe From: Sent Sunday, September 0I2O18Dll3AM To: Emi|yGnobe, Subject: ZC2018-005 Ms Grobe Patricia and I reside at 11713 Cypress Barn, Schertz and we are opposed to the proposed re-zoning request ZC2818- We have continued to observe the city of Schertz irresponsibly develop along FM 1518 FM1518and Schaefer Road intersection. Since wm have moved into the area the Rose Garden elementary school and the Cmasvine subdivision and the subdivision behind Corbett Junior High School have all been constructed, but the city has not kept up with the naquiado infrastructure improvements. Normally a city builds the requisite infrastructure to support other improvements, but Schertz has decided to do this in reverse. Because of this, what we have now inevery dangerous situation with only 1traffic light, no crosswalks, no left- turn |aoee;aUnfthiuisexaoerbetedbvm56-mi|eanhourepaed|hnit.Thbsis a recipe for disaster. To the observer it appears the city ia more concerned with generating tax revenue than the safety of its citizens. | will keep anelectronic record of this submission of my correspondence with you because when all the accidents start to happen and school children are killed crossing FM 1518; 1 want to be on the record for having reported this dangerous situation to the city in September of2O1O. |n addition to the all the safety concerns listed above the eternal march to develop all parts ofSchedz has destroyed the wildlife in the area. More and more natural habitat is destroyed daily and the pollution levels in Schertz are increasing. Also, by paving every last inch of Schertz you wonder why we are having increased flooding problems. If you continue your relentless development you will realize huge cost associated with your inevitable flooding problem. Hope that the city is looking ahead to this potential problem. Lastly, we moved to Schertz and planned to retire here due to the city's balance of small city and rural areas. Schertz is developing in a uncoordinated fashion and is qlosing its small town appeal. | remember when Vve moved toSchmrtz. it was named one of Money Magazine best small towns; I do not think that's the case anymore. If a business is constructed at the intersection of FM 1518 and Schaefer Road then I request that o stipulation ia put 1n place to restrict the ability for any development to destroy/cut down the several decades old trees that line the parcel. That would be at least one way to minimize the concrete jungle you are proposing by this rezoning initiative. |n summary don't rezone, If you have to rezone, reduce the speed limit ho35 mph, add the requisite safety measures (more lanes, crosswalks, lights), and leave the old growth trees. I want to stress again to improve the infrastructure first then develop the area; you are doing it backwards. Concerned Citizens, Jim and Patricia Dodson 11713 Cypress Barn, Schertz, TX 78154 6 1-11 ft. J �'MufflUffli"I IWA August 30, 2018 Dear Property Owner, Y5TA-WIN "W, Vl' V*_F?TRLWM,' DEVELOPYMNT The Schertz Planning and Zoning Commission will conduct a public hearing on Wednescig, September 12, 2010 at 6:00 p.m. located at the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building A, Schertz, Texas to consider and make recommendation on the following item: ZC2018-005 — A request to rezone approximately 1,8 acres of land from Single-Family Residential I Agricultural District (R-A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West Schaefer Road. The Planning and Zoning Commission would like to hear how you Teel about-this request and invites you to attend the public hearing. This form Is used to cal'cuj'ate ThacInrcenta_0 of landowners that support and oppose the request, You may return the reply form below prior 'LO ih-e iniSt p'jlElc hearing date by mail or personal delivery to Emily Grobe, Planner, 1400 Schertz Parkway, Schert-7, Texas 75, C- _', bl, fax (21 i0 8819-1789, or by e-mail egrobe&chertz.com, If you have any questions please feel free too ca-l" Eim!_,/ G-Tobe, Planner directly at (210) 619-1784, I am: in favor of 0--(--opposed to)/,- COMMENTS: Reply Form neutral to El - - _.___the request for 4C201 B-005 NAME:IL011 SIGNATILI (PLEASE PRINT) STREET ADDRESS: DA TE: 1400 Schertz Parkway 7,r Schertz, Texas 78154 210,619.1000 scheic,com M Emily Grobe From: Christina Brow, Sent: Wednesday, September 12, 2018 2:18 PM To: Emily Grobe; Lynette Subject: opposed to ZC2018-005 Hello Ms. Grobe I will not be at tonight's meeting however I am opposed to request ZC2018-005. Comments: I think Schertz come benefit from having small businesses along FM 78 however a dollar general will reduce the property value (why cant we get a starbucks-please Also there are a number of Dollar Generals already within the local area. Name: Christina Brown Address 11709 Cypress Barn, Scheitz, TX 78154 Date 12 Sept 2018 Emily Grobe From: Walter L. Aller Sent: Wednesday, September 12, 2018 2:41 PM To: Emily Grobe Subject: No ...No Dollar General.., O-Yes.., Did I say Dollar General..CZ2018-005 ... ?????? Walter Allen 10512 Pecan Branch Schertz 1. TX 78154 Emily Gr•be From: Lynette Gotay-Cu, Sent: Wednesday, SeptenlDer 12, 2018 2:40 PM To: Emily Grobe Subject: Dollar General Hello Ms, Grobe I will not be at tonight's meeting however I am opposed to request ZC2018-005. Comments: I think Schertz will benefit from having small businesses along FM 78 however a dollar general will reduce the property value of those living in the Willow Grove community. Trader Joes would be nice though. Thank you, Name: Lynette Gotay-Cui Address 10404 Pecan Branch, Schertz, TX 78154 Date 12 Sept 2018 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: City Secretary Subject: Calling A Special meeting to Canvass Results of the November 6, 2018 election and swearing in ceremony. The official canvassing period for the November 6, 2018 Election is November 9 through November 20, 2018. 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 Genera] election on Tuesday, November 20, 2018. FISCAL IMPACT None RECOMMENDATION Staff recommends Council call a special meeting for Tuesday, November 20, 2018 to canvass the results of the November 6, 2018 General Election and swear in the newly elected officials. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: IT /GIS Subject: Resolution 18 -R -141 — Renewal of Multi -Year Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS mapping software BACKGROUND The City previously entered into a software maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping software in 2013. The current agreement is due to expire in April 2019, and the City desires to renew the maintenance agreement for another three - year term. The cost of a three -year small enterprise license agreement (ELA) for county and municipalities is $35,000 per year, or $105,000 for the contract term. The ELA will provide numerous benefits to the City as multiple departments rely on the ESRI software for their day -to- day operations, such as Public Works, Parks, Engineering as well as supporting our Public Safety CAD /RMS systems. It is also the foundation for the City View Development software and Web mapping applications. FISCAL IMPACT The cost of a three -year small enterprise license agreement (ELA) for county and municipalities is $35,000 per year, or $105,000 for the contract term. Funds are budgeted and available in 101- 853- 532360 Software Maint -Dept. Specific. RECOMMENDATION Staff recommends Council approve Resolution 18 -R -141 to enter into an enterprise license agreement for GIS software maintenance. ATTACHMENT(S) Resolution No. 18 -R -141 Exhibit A: Enterprise License Agreement RESOLUTION NO. 18 -R -141 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A RENEWAL OF A SOFTWARE MAINTENANCE AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR GIS SOFTWARE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz (the "City ") previously entered into a software maintenance agreement with Environmental Systems Research Institute, Inc. for GIS mapping software in 2016, the City desires to renew the maintenance agreement for another three -year term; and WHEREAS, the cost of a three -year small enterprise license agreement for county and municipalities is $35,000 per year, or $105,000 for three years; and WHEREAS, it is of benefit to the City to renew the agreement because it will provide a lower cost per unit for licensed software, there will be substantially reduced administrative and procurement expenses, and software support will allow departments to function more efficiently; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement 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 13th day of November 2018. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 50234811.1 EXHIBIT A 50234811.1 A -�. i October 1, 2018 Mr. Antonio McFalls City of Schertz 1400 Schertz Pkwy Ste 1 Schertz, TX 78154 Dear Antonio, The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three -year agreement that will grant your organization access to Esri® term license software on an unlimited basis including maintenance on all software offered through the EA for the term of the agreement. The EA will be effective on the date executed and will require a fine, three -year commitment. Based on Esn's work with several organizations similar to yours, we know there is significant potential to apply geographic information system (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an enterprise agreement. An EA will provide your organization with numerous benefits including: • A lower cost per unit for licensed software • Substantially reduced administrative and procurement expenses • Maintenance on all Esri software deployed under this agreement • Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: ■ All current departments, employees, and in -house contractors of the organization will be eligible to use the software and services included in the EA. ■ If your organization wishes to acquire and /or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. ■ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. ■ The organization will establish a Tier 1 support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support. 380 New York Street 909 793 2853 esri.com Redlands, California 92373 -8100 USA info @esri.com ■ The organization will provide an annual report of installed Esri software to Esri. ■ Esri software and updates that the organization is licensed to use will be automatically available for downloading. ■ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri's Small Municipal and County Government EA terms and conditions. ■ Licenses are valid for the term of the EA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this EA offer: Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order: "THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY." Have it signed by an authorized representative of the organization. 2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e -mail address. 3. In the purchase order, identify the "Ship to" and 'Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG -EA 380 New York Street Redlands, CA 92373 -8100 e -mail: service @esri.com fax documents to: 909 - 307 -3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Bryn Brum Small Government EA Gesne Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373 -8100 Phone: 909 -793 -2853 Fax: 909-307-3049 DUNS Number: 06- 313 -4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 1010112018 To: 1213012018 Material Qty Description Quotation # 20537767 Date: October 1, 2018 Customer # 279580 Contract # City of Schertz GIS Dept 1400 Schertz Pkwy Ste 1 Schertz, TX 78154 ATTENTION: Antonio McFalls PHONE: (210) 619 -1184 FAX: 210- 659 -3204 Unit Price 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 License Agreement - Year 1 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 License Agreement - Year 2 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 License Agreement - Year 3 Item Total Subtotal: Sales Tax: Estimated Shipping & Handling(2 Day Delivery) : Contract Pricing Adjust: Total: Total 35,000.00 35,000.00 35,000.00 105,000.00 105,000.00 0.00 0.00 0.00 $105,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Bryn Brum Email: bbrumQesri.com Phone: (909) 793 -2853 x8245 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at http: / /www.esri.com / —/ media / Files /Pdfs /legal /pdfs /e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at http: / /www.esri.com / —/ media / Files / Pdfs /legal /pdfs /ma- full/ma- full.pdf apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at http: / /www.esri.com /legla /supplemental- terms - and - conditions apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. The quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase /license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin. If sending remittance, please address to: Esri, P.O. Box 741076, Los Angeles, CA 90074 -1076 BRUMB This offer is limited to the terms and conditions incorporated and attached herein. Esri Use Only: Cust. Name Cust. # _ PO # _ Esri Agreement # SMALL ENTERPRISE AGREEMENT COUNTY AND MUNI IP LIT GOVERNMENT (E214-2) THE SC'ENCE esri � OF WHERE' This Agreement is by and between the organization identified in the Quotation ( "Customer ") and Environmental Systems Research Institute, Inc. ( "Esri "). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table List of Products Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Optional Servers ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer* Two (2) Esri CityEngine Advanced Single Use Licenses 100 Level 1 ArcGIS Online Named Users 100 Level 2 ArcGIS Online Named Users 17,500 ArcGIS Online Service Credits 100 Level 2 ArcGIS Enterprise Named Users 3 Insights for ArcGIS for use with ArcGIS Enterprise OTHER BENEFITS Number of Esri User Conference registrations provided annually 3 Number of Tier 1 Help Desk individuals authorized to call Esri 3 Maximum number of sets of backup media, if requested ** 2 Self -Paced e- Learning Uncapped Five percent (5 %) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package) *Maintenance is not provided for these items * *Additional sets of backup media may be purchased for a fee Page 1 of 6 January 26, 2018 Customer may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ( "Ordering Document "). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Customer's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ( "Effective Date "). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Customer) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): CUSTOMER T CT INFORMATION Telephone: Fax: E -mail: Page 2 of 6 January 26, 2018 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy ", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization (s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at httpa /www.esri.com fle afisoftware-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A —List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. 2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A —List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third -party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND ExPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government - owned entities, either party may terminate this Agreement before any subsequent year if Page 3 of 6 January 26, 2018 Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow -on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow -on agreement will be the day after the expiration date of this Agreement. a. Tier 1 Support . Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. Page 4 of 6 January 26, 2018 . At a minimum, Tier 1 Support will include those activities that assist the user in PICT PDA "i'ES resolving how -to and operational questions as well as questions on installation and 401 Future Updates. Esri reserves the right to troubleshooting procedures. update the list of Products in Table A —List of Products by providing written notice to 4. The Tier 1 Help Desk will be the initial point Customer. Customer may continue to use all of contact for all questions and reporting of a Products that have been Deployed, but support Case. The Tier 1 Help Desk will obtain a full and upgrades for deleted items may not be description of each reported Case and the available. As new Products are incorporated into system configuration from the user. This the standard program, they will be offered to may include obtaining any customizations, Customer via written notice for incorporation into code samples, or data involved in the Case. the Products schedule at no additional charge. Customer's use of new or updated Products 5. If the Tier 1 Help Desk cannot resolve the requires Customer to adhere to applicable Case, an authorized Tier 1 Help Desk additional or revised terms and conditions in the individual may contact Tier 2 Support. The Master Agreement. Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make 4.2 Product Life Cycle. During the Term of solutions to problems available to Agreement, some Products may be retired or Customer's organization. may no longer be available to Deploy in the identified quantities. Maintenance will be subject 6. Tier 1 Help Desk individuals are the only to the individual Product Life Cycle Support individuals authorized to contact Tier 2 Status and Product Life Cycle Support Policy, Support. Customer may change the Tier 1 which can be found at nhtltMD:L////support.esri.com/en Help Desk individuals by written notice to /content/ roductlifec Iles. Updates for Products Esri. in the mature and retired phases may not be available. Customer may continue to use b. Tier 2 Support Products already Deployed, but Customer will w Tier 2 Support will log the calls received not be able to Deploy retired Products. from Tier 1 Help Desk. 2. Tier 2 Support will review all information 5.0—MAINTENANCE collected by and received from the Tier 1 Help Desk including preliminary documented The Fee includes standard maintenance benefits troubleshooting provided by the Tier 1 Help during the Term of Agreement as specified in the Desk when Tier 2 Support is required. most current applicable Esri Maintenance and Support Program document (found at 3. Tier 2 Support may request that Tier 1 Help http : / /www.esri.com /legal). At Esri's sole discretion, Desk individuals provide verification of Esri may make patches, hot fixes, or updates information, additional information, or available for download. No Software other than the answers to additional questions to defined Products will receive Maintenance. supplement any preliminary information Customer may acquire maintenance for other gathering or troubleshooting performed by Software outside this Agreement. Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. Page 4 of 6 January 26, 2018 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICRY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8..1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download, operate, or allow access to the Products. If this is a multi -year Agreement, Esri may invoice the Fee before the annual anniversary date for each year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95- 2775 -732. c. If requested, Esri will ship backup media to the ship -to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 5.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi -year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due 9.0—MERGERS, AcQuISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change "). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 91 If an Ownership Change results in transfer or sale of a portion of Customer's organization, that portion of Customer's organization will transfer the Products to Customer or uninstall, remove, and destroy all copies of the Products. Page 5 of 6 January 26, 2018 943 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change. Page 6 of 6 January 26, 2018 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Public Works Subject: Resolution No. 18 -R -142 — A Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an Agreement with Green Valley Special Utility District for the transfer of Certificate of Convenience and Necessity related to the development of the Parklands Subdivision. BACKGROUND The majority of the Parklands Subdivision is currently within the City of Schertz. The Parklands developer has added an additional smaller unit to the development. This addition has submitted an application for zoning and annexation to the City of Schertz. A large portion of the Parklands subdivision including the additional smaller unit is within Green Valley Special Utility Districts (GVSUD) Certificate of Convenience of Necessity for water and wastewater service. GVSUD currently does not have adequate infrastructure to serve this development. The developer negotiated with GVSUD for the release of CCN and requested that the City of Schertz serve the development. The City of Schertz has adequate capacity and desires to serve our residents within this subdivision. The City has the infrastructure and capacity to provide water and wastewater service to the Parklands Subdivision, so we requested GVSUD to enter into an agreement to release this portion of their CCN to the City of Schertz's CCN. The transfer of CCN requires a formal public hearing and approval by the Public Utility Commission, all of which takes time. The Parklands Subdivision developer is working with City staff to submit the required CCN transfer documents to the Texas Public Utility Commission for approval. All three parties have reached consensus on the agreement to allow this to occur and that agreement is attached. SUMMARY OF RECOMMENDED ACTION City staff recommends that City Council approve Resolution 18 -R -142 authorizing the Acting City Manager to enter into an agreement to transfer CCN with GVSUD in relation to the Parklands subdivision. FISCAL IMPACT This will have no current fiscal impact. Being able to serve the Parklands subdivision and future City Residents will result in future increased water sales. RECOMMENDATION Staff recommends Council approval of Resolution 18 -R -142. ATTACHMENTS Resolution 18 -R -1.42 GVSUD CCN Transfer Agreement RESOLUTION NO. 18 -R -142 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE TRANSFER OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF THE PARKLANDS SUBDIVISION WHEREAS, the Developer of the Parklands Subdivision has requested the transfer of CCN territory between the City of Schertz and Green Valley Special Utility District (GVSUD); and WHEREAS, this transfer will provide authority to the City of Schertz to serve the Parklands Subdivision and its residents with water and wastewater services; and WHEREAS, the City and GVSUD desire to enter into this agreement pursuant to Section 13.248 of the Texas Water Code that allows an agreed upon transfer of CCN territory; and WHEREAS, the City Council has determined that it is in the best interest of the City to transfer this CCN territory between the City and GVSUD for the provision of water and wastewater services to the Parklands subdivision; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with GVSUD for the transfer of GVSUD CCN for the provision of water and wastewater services to the Parklands Subdivision. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of November, 2018. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis 50506221.1 - 2 - RETAIL WATER AND SEWER CERTIFICATE OF CONVENIENCE AND NECESSITY SERVICE AREA TRANSFER AGREEMENT BETWEEN CITY OF SCHERTZ AND GREEN VALLEY SPECIAL UTILITY DISTRICT This Texas Water Code § 13.248 — Retail Water and Sewer Certificate of Convenience and Necessity Service Area Transfer Agreement between the City of Schertz and Green Valley Special Utility District (the "Agreement ") is entered into this _ day of , 2018, by and between the CITY OF SCHERTZ, a Texas home rule municipality (hereinafter "Schertz "), and GREEN VALLEY SPECIAL UTILITY DISTRICT, a special utility district, created pursuant to Chapter 65 of the Texas Water Code (hereinafter "Green Valley ") (Schertz and Green Valley, collectively, hereinafter referred to as "Parties" or in the singular as "Party "), with respect to the boundary lines of the Certificates of Convenience and Necessity (hereinafter "CCN's ") held by each for the provision of water and sewer services to users pursuant to the Texas Water Code. WHEREAS, Schertz is the holder of water CCN # 10645, for the provision of retail water service to certain areas in and about Bexar, Comal, and Guadalupe County, in the state of Texas,: the boundaries of which are more fully described in Exhibit "A" attached hereto ;„ WHEREAS, Schertz is the holder of sewer CCN #20271, for the provision of retail sewer service to certain areas in and about Bexar, Comal, and Guadalupe County, in the state of Texas, the boundaries of which are more fully described in Exhibit `B" attached hereto; WHEREAS, Green Valley is the holder of water CCN i certain areas in and about Bexar; Comal, and Guadalupe fully described in Exhibit "C" attached hereto; WHEREAS, Green Valley is the holder of sewer CCN #`. certain areas in and about Bexar, Comal, and Guadalupe fully described in Exhibit "D" attached hereto; for the provision of retail water service to Texas. the boundaries of which are more , for the provision of retail sewer services to ty, Texas, the boundaries of which are more WHEREAS, The parties agree to the modification of Green Valley's Water CCN #10646 and Sewer CCN #20943 boundaries to exclude the Green Valley's CCN areas described below as Water Parcel and Sewer Parcel and transferred and encompassed within Schertz Water CCN #10645, and Schertz Sewer CCN #20271. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Schertz and Green Valley hereby agree as follows: 1. Schertz is the owner and holder of water CCN #10645, the boundaries of which are more fully described in Exhibit "A" attached hereto. 2. Green Valley is the owner and holder of water CCN #10646, the boundaries of which are more fully described in Exhibit "C" attached hereto. 3. There currently exists an 60.78 -acre parcel of property (herein after the "Water Parcel ") northwest of the intersection of Green Valley Road and Engel Road in Guadalupe County, located within the boundaries of CCN #10646 and adjacent to the boundaries of CCN #10645, such boundaries more fully described in Exhibit "E" attached hereto. Page 1 of 8 4. Schertz is the owner and holder of sewer CCN #20271, the boundaries of which are more fully described in Exhibit `B" attached hereto. 5. Green Valley is the owner and holder of sewer CCN #20943, the boundaries of which are more fully described in Exhibit "D" attached hereto. 6. In addition to the 60.78 -acre Water Parcel, there currently exists a 113.89 -acre undeveloped parcel of property (hereinafter, the "Sewer Parcel ") northeast of the intersection of Eckhardt Road and Frobese Road in Guadalupe County, commonly known as the Parklands Subdivision, located within the boundaries of CCN #20943 and adjacent to the boundaries of #20271 such boundaries more fully described in Exhibit "F" attached hereto. 7. The Sewer Parcel is within Green Valley Sewer 8. The Water Parcel is within Green Valley CCN 9. In accordance with Texas Water Code Section 1 the Public Utilities Commission ( "PUC ") and the Development ( "USDA "), Green Valley hereby a, CCN #10646 and CCN #20943 to exclude the are be transferred from Green Valley's CCN #106461 and area contained within the Sewer Parcel, such #20943 to be encompassed with the Schertz responsibility of obtaining PUC and USDA appri bear the responsibility of obtaining PUC and U authorize the Parklands Subdivision Property C obtaining PUC approval of this Agreement; anc evidenced by the signature below. 10. As soon as practical developer shall be r PVC's approval of th The affected develop supporting electronic 11. In accordance with tl by PUC, Schertz her #10645 and CCN #2 3.248, but at all times subject to the approval by United States Department of Agriculture, Rural fees to the modification of the boundaries of its a contained within the Water Parcel, such area to o be encompassed with the Schertz CCN #10645, area to be transferred from Green Valley's CCN CCN #20271.Schertz shall bear no costs or wal of this Agreement, while Green Valley shall SDA approval. Schertz and Green Valley shall 1wner ( "affected developer ") to bear the cost of the affected developer has agreed to do so as eceipt''of confirmation of the releases from USDA, the affected for preparing and filing the appropriate application to obtain the )perty transfer from the Green Valley's CCN to the Schertz' CCN. Iso be responsible for the preparation of the hard copy maps with for the CCN property transfer that satisfies the PUC rules. Kas`Water Code Section 13.248, but at all times subject to the approval grees to the expansion and modification of the boundaries of its CCN to include the area contained with the Water Parcel and Sewer Parcel, such area to be transferred from Green Valley's CCN #10646 and CCN #20943 to now be encompassed within the Schertz water and sewer CCNs. 12. Green Valley and Schertz agree that no compensation shall be due and owing between Schertz and Green Valley in conjunction with such transfer. 13. Schertz agrees that, upon approval of the revisions to its CCN boundaries by the PUC to include the Water Parcel and Sewer Parcel within the boundaries of CCN #10645 and CCN #20271, Green Valley shall have no further obligation to provide retail water service to these properties, and that Schertz shall be solely responsible for the provision of retail water service to the owners and Page 2 of 8 occupants of the Water Parcel and Sewer Parcel under such terms and conditions as are allowed under its CCN and any applicable governmental statutes and regulations. C!I �i►1 X1.7\ � �:Z�PLf.�1Lf.� GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. ALL ACTS REQUIRED OR PERMITTED TO BE PERFORMED HEREUNDER ARE PERFORMABLE IN GUADALUPE COUNTY, TEXAS, AND IT IS AGREED THAT ANY CIVIL ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION SITTING IN GUADALUPE COUNTY, TEXAS. IT IS AGREED THAT ANY ADMINISTRATIVE LAW ACTION BROUGHT TO ENFORCE OR CONSTRUE THE TERMS OR PROVISIONS HEREOF OR TO ENJOIN OR REQUIRE THE PERFORMANCE OF ANY ACT IN CONNECTION HEREWITH, SHALL BE BROUGHT AT THE PUC OR ITS SUCCESSOR AGENCY. THIS AGREEMENT IS SUBJECT TO AND WILL BE INTERPRETED IN ACCORDANCE WITH THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF TEXAS, THE TEXAS WATER CODE, AND ORDER RULES, AND REGULATIONS OF GOVERNMENTAL BODIES AND OFFICERS HAVING JURISDICTION. Any notice to be given hereunder by any party to the other parties shall be in writing and may be effected by certified mail, return - receipt requested, facsimile or personal service. Notice to Schertz shall be addressed to The City of Schertz, 1400 Schertz Parkway Schertz, Texas 78154, Attn: Citv Manager Notice to Green Valley shall be addressed to: Green Valley Special Utility District, P.O. Box 99 Marion, TX 78124, Attn: General Manager Each party may change the address for notice to it by giving notice of such change at the last address designated in accordance with this paragraph. CONSTRUCTION AND SEVERABILITY If any clause or provision of this Agreement is held invalid, illegal or unenforceable under present or future federal, state or local laws, then and in that event it is the intent of Parties hereto that such invalidity, illegality or unenforceability shall not affect any other clause or provision hereof and that the remainder of this Agreement shall be construed as if such invalid, illegal or unenforceable clause or provision was never contained herein. It is also the intent of Parties hereto that in lieu of each clause or provision of this Agreement that is invalid, illegal, or unenforceable, there be added as a part of this Agreement a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, Page 3 of 8 legal, valid and enforceable. UNINTENDED OMISSION If any punctuation, word, clause, sentence or provision necessary to give meaning, validity or effect to any other word, clause, sentence or provision appearing in this Agreement shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provision shall be supplied by inference. AMENDMENT This Agreement may not be amended or terminated except by the consent of all parties and an instrument signed by all parties to this Agreement and subject to any PUC approval This Agreement has been jointly negotiated by a Party because that Party may have primarily This Agreement reflects the entire agreement matter hereof and supersedes all prior and contempor, in connection herewith. This Agreement may be :execute original instrument, but all of the may be executed in any number which when so executed and del will constitute one and the same that also must deliver a Valley and will not be construed against lity for the drafting of this Agreement. s hereto pertaining to the subject and understandings of the parties d in multiple counterparts. Each of the counterparts will be deemed an counterparts will constitute one and the same instrument. This Agreement of counterparts and by different Parties in separate counterparts, each of vered, will be deemed an original, and all of which, when taken together, nstrument. Delivery of an executed counterpart of a signature page to this ill be as effective as delivery of a manually executed counterpart of this delivering an executed counterpart of this Agreement by electronic mail zuted counterpart of this Agreement. All captions used herein are only for the convenience of reference and will not be construed to have any effect or meaning as to the Agreement between Parties hereto. NON - WAIVER No course of dealing on the part of Schertz or Green Valley nor any failure or delay by Schertz or Green Valley in exercising any right, power, or privilege under this Agreement will operate as a waiver of any right, power or privilege owing under this Agreement. LEGAL AUTHORITY The person executing this Agreement on behalf of Schertz and Green Valley, represent, warrant, assure and Page 4 of 8 guarantee that they have full legal authority to (i) execute this Agreement on behalf of Schertz and/or Green Valley, respectively, and (ii) to bind Schertz and/or Green Valley to all of the terms, conditions, provisions, and obligations herein contained. U►IIJ_ Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement will be heard and determined in Guadalupe County, Texas. Texas. City of Schertz By: Name: Title: Page 5 of 8 2018, at State of Texas § ti County of Guadalupe § This instrument was acknowledged before me on this day of , 2018 by , with a title of for the City of Schertz, Texas municipal Corporation, on behalf of said corporation. Date: State of Texas § State of T expires: GREEN VALLEY: Green Valley Special Utility District By: Name: Title: Page 6 of 8 Z County of Guadalupe § This instrument was acknowledged , with a title of District on behalf of said District. Date: By: Name: Title: State of Texas § before me on this day of , 2018 by for the Green Valley Special Utility Notary Public, State Page 7 of 8 expires: County of Bexar This instrument was acknowledged before me on this day of , 2018 by , with a title of for the Parklands Subdivision Property Owner on behalf of said Owner. Date: otary Public, State of Texas Page 8 of 8 expires: W n ci Lq Ln -� LU uj 4 A .a4 Ix i re �A Si t, i { 1 1 jd co LO �$ ON d" A,. CD Iry co tLN* CL F 4 paps oo oor 01 CD CD `/ f +:"r W co ati ef cu ell OAR me An jojQ6 111A p e { ," i ;aF,F t°�x t✓=°r n lrl2 �,, F"{ ;, ..e',"'T F tt '',�? ✓ j„.`��,�'�" ors,," '`F'""` yt'` r ,F'� ' �'? a eF {t .." • 7 :FIt' V fir'" Y43,,s r p �J ✓ ,? e m ti atF w ,e �trrrk aas + a .F � P d r„vH .,X � u. co t , s Yf $ F•'" Y"F' FN e I l' :? • „F` F r eFF} /uF r�t^.lfA �{ tr ¢W r �` eta �, z r" � F,? u y"F. g. � i'if". .s :{. {� rz`v d F i d, a Map ��ffF 1 CR cq Z COO . 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SEWER CC TRANSFER EA GOar y f g"', xt77`i£tSts lY2s r #��i [Zg'u' }i "p"n', ,A rrt7r}�=-trs�i }, ,. � •" r ".r�„'as ��� � ��} �£ {rf��ff�£t��� �{���Jlr��t,.� �fr� �iS 1, �13,y» ��Li u� z {�ISr? t�U� Y'^ ,'h "• '" � �, " � � """.,r � �?�{ �1iY� ?�., RS ��lf� � �S �����` `� i� t n� b�� ��� � ���' Yr�' � "j� }� � � t } }{ � Y��¢��T t p tz f M1,11 r g Asa � s � }�tr� ., }s r4 r b VALLEY VA PROPOSED GREEN 113.89 CCN TRANSFER e i EXHIBIT j UTILITY SCALE t' a 0♦DO' CrrY OF SCHERTZ DATE 23 Agy, . 2010 DETAILED ENGINEERING PROJECT NO- 8002ff DESIGNED Y. RD OVERALL AREA TRANSFERRED GVSU —° DRAWN BY PD SEWER CCN TO CITY OF SCHERTZ SEWER C LEGEND ROADS COUNTY LINE PROP.: WATER CCN 3 TRANSFER AREA p,�. 'GO +0 4, l ll r �i�( § s9�$ i�Ztiilt` �t{ nl�{ �7l�ty {'4�tt�7 ?s?�IS� +kIs3iltss� t�;tfit,�s {I ���i�z� is tv�� {irr24t�r1��{ �1 #i�tr s;��}}ftj��t'stiz PROPOSED GREEN VALLEY SUD ± 60.78 AC. CCN TRANSFER UTILITY �r SCALE 1" ® ®oa° iaal°E:i CITY OF SCHERTZ 23 JOY, 2070 DETAILED ENGINEERING PROJECT 800247 GROUPPLLC DESIGNED Y: PD OVERALL TRANSFERRED AREA FROM V LJ DRAvvN Y R - WATER CCN TO CITY CH T ATE CC x am erg«» �sP�nxxa GEI] Y: to F FINDER L.r Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Public Affairs Subject: Resolution No. 18 -R -143 Authorizing the Acting City Manager to reject all proposals received for Audio Visual Upgrades for Civic Center ( #18- PA- 32- T -02). (S. Gonzalez /L. Klepper /E. Matlock) BACKGROUND In an effort to remain transparent for City Council when rejecting all responses and not awarding a formal procurement, staff is seeking authorization from City Council to formally reject all proposals received for the Audio Visual Upgrades for Civic Center RFP. The goal of the Audio Visual Upgrades is to provide a suitable audio visual system for the customers of the facility, both internal and external. The Public Affairs Department recommended completing this project and sought proposals from vendors to design, install and provide ongoing maintenance services for an Audio Visual system for the main Civic Center facility (to include the Bluebonnet Hall and the Ballroom). The RFP was advertised from August 13th to August 30th. A Pre - Submittal Conference was held on August 16th to allow contractors interested in bidding to ask questions of the project team. One contractor attended the Pre- Submittal Conference. On August 30th when proposals were due, only three contractors submitted proposals. The procurement process used for this project was a competitive sealed proposal where proposals are scored on a variety of criteria including proposer's qualifications, abilities, and reputation; quality of proposed services; and responsiveness of proposal, in addition to price. A selection committee consisting of City staff evaluated the received proposals on the non -price based elements. The Purchasing Department completed the evaluation by incorporating the price into the scoring. After the evaluation was complete and a top respondent was identified, City staff from Purchasing, Public Affairs, and IT met to regroup and discuss options as all three proposals were significantly higher than the project budget. Concurrently, while this review was going on, budget discussions with City Council were occurring. Council expressed the desire for staff to review current programs to not only evaluate operations for efficiency improvements and cost savings but to perform an analysis as to the value the programs bring to the community versus the amount the City subsidizes to keep the programs. At the October 23rd City Council meeting, the cost of the Civic Center operations was the first in a series of programs staff brought forward for discussion. In the workshop item, staff acknowledged the need to close the gap on the subsidized amount and provided multiple recommendations to do so including turning two of the facilities into a self - service model, utilizing the approved cleaning contract as needed, not filling a current vacancy, and providing additional revenue streams by way of room rate increases and adding ancillary products. Additionally, staff provided Council a brief overview on the results of the Audio Visual Upgrades RFP and noted that because the amounts received from all three proposals were significantly over budget, staff does not recommend making the investment at this time. Staff would like to use this coming year to focus on operations of the facility and work to implement the recommendations to close the gap on the subsidized amount. Staff mentioned this item would come to Council on November 13th to formally reject the proposals. That being said, staff also stated that while they do not anticipate improvements to the audio visual system generating any additional revenue, an investment into the facility needs to be made and the current system needs to be upgraded. Staff plans to go back out for bid toward the end of this FY, with a better understanding of what the price will be and will bring forward a recommendation at that time for Council approval. 2018 Audio Visual Upgrades for Civic Center Project Budget Account Description I Total 314- 101 - 581750: Civic Center Improvements 1 $ 50,000.00 2018 Audio Visual Upgrades Cost Proposals Received SUMMARY OF RECOMMENDED ACTION Approve the rejection of all proposals received for the Audio Visual Upgrades for the Civic Center. FISCAL IMPACT This Resolution will allow the Acting City Manager to reject all proposals received for the Audio Visual. Upgrades for the Civic Center in favor of re- advertising the project at a later date in order for City staff to focus on facility operations and work to close the gap on the subsidized amount for the Civic Center facilities before making a substantial investment of audio visual upgrades. Staff recommends Council approval of Resolution 18 -R -143 ATTACHMENTS Resolution 18 -R -1.43 Year 1 Year 2 Year 3 Shipping Contract VENDOR Equipment Installation Maint Maint Maint Total Walker Engineering Inc $177,280.00 $60,684.00 $3,003.00 $3,964.00 $5,045.00 $249,976.00 Visual Systems Group Inc $133,065.00 $45,025.00 $4,680.66 $4,680.66 $4,680.68 $2,661.30 $194,793.30 Custom Systems Design Inc $160,737.77 1 $30,400.00 $0.00 1 $5,000.00 1 $7,000.00 $203,137.77 SUMMARY OF RECOMMENDED ACTION Approve the rejection of all proposals received for the Audio Visual Upgrades for the Civic Center. FISCAL IMPACT This Resolution will allow the Acting City Manager to reject all proposals received for the Audio Visual. Upgrades for the Civic Center in favor of re- advertising the project at a later date in order for City staff to focus on facility operations and work to close the gap on the subsidized amount for the Civic Center facilities before making a substantial investment of audio visual upgrades. Staff recommends Council approval of Resolution 18 -R -143 ATTACHMENTS Resolution 18 -R -1.43 RESOLUTION NO. 18 -R -143 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED FOR AUDIO VISUAL UPGRADES FOR CIVIC CENTER ( #18- PA- 32- T -02). WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City reject all received proposals for Audio Visual Upgrades for Civic Center; and WHEREAS, City staff has reviewed the submitted proposals and determined that the proposals received are significantly above the available budgeted amount; and WHEREAS, the City Council has determined that it is in the best interest of the City to reject all received proposals for the Audio Visual Upgrades for Civic Center in favor of re- advertising the project at a later date in order for City staff to focus on facility operations and work to close the gap on the subsidized amount for the Civic Center facilities before making a substantial investment of audio visual upgrades. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS .........:..... Section 1. The City Council hereby authorizes the Acting City Manager to reject all proposals received for the Audio Visual Upgrades for Civic Center. 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. 015 Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of November, 2018. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter FEW Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Human Resources Subject: Resolution No. 18-R-144 — Consideration and/or action approving a resolution authorizing the City Manager to enter into an agreement with Blue Cross Blue Shield of Texas for Medical insurance and UNUM for dental, vision, and long-term disability. The City released a Request for Proposals (RFP) for these services. The RFP stipulated that the proposals submitted were required to match the current plan coverages (co-pays, coinsurance, deductibles etc.). Eighteen proposals were received for medical, dental, vision, disability and other ancillary products. Proposals were reviewed and scored based on cost alone as the proposals were to be for identical services. By partnering with Blue Cross Blue Shield of Texas, the City can: 1. Receive a $404,892 reduction from last year's premium costs. It should be noted that the City has budgeted $240,000 in anticipation of a potential 10% increase in premium costs. 2. Offer a more comprehensive pharmaceutical listing, and 3. Utilize $50,000 provided directly from BCBS for wellness initiatives. By partnering with UNUM, the City can: 1. Realize a lower increase in dental and vision costs than our current provider. 2. Lock in premium rates for a period of three years for dental and four years for vision, The City pays the entire medical insurance cost for employees and a portion of the cost for employees' families, children and spouses. The attached Exhibit A indicates the monthly premium amounts the City and employees paid under each coverage plan and how much would be paid based on how staff is proposing to allocate the premium savings as outlined in the Fiscal Impact Section. FISCAL IMPACT The total premium cost for FY 17 -18 for medical, dental and vision coverage was $2,864,791. Of that, $2,274,841 was paid by the City and $589,851 was paid by the employees. Of the $392,621 in premium savings, Staff recommends that we utilize $195,980 to lowm dependent care costs. Staff estimates that this change would place us at about the 75 1h percenti of our benchmark cities with regard o- Staff recommends that the additional 10 %, or $240,000, that was budgeted for a possible rate increase be utilized by Council for other projects or to offset the need to increase the effective tax . rate next fiscal year. RECOMMENDATION Consideration and/or action approving a resolution authorizing the Acting City Manager to enter into an agreement with Blue Cross Blue Shield of Texas for Medical insurance and UNUM for dental, vision and long -term disability insurance. Adjust the City and Employee premium costs as shown on Exhibit A. ATTACHMENTS Resolution 18 -R -144 Exhibit A — monthly current and proposed premium costs Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Human Resources Subject: Resolution No. 18-R-144 — Consideration and/or action approving a resolution authorizing the City Manager to enter into an agreement with Blue Cross Blue Shield of Texas for Medical insurance and UNUM for dental, vision, and long-term disability. The City released a Request for Proposals (RFP) for these services, and multiple proposals were received for medical, dental, vision, disability and other ancillary products. Proposals were reviewed and scored based on cost alone as the proposals submitted were required to match the current plan coverages (co-pays, coinsurance, deductibles etc.) After evaluation and review of all proposals, staff recommends contracting with Blue Cross BI Shield of Texas for Medical insurance. The coverage on the medical plans are identical to o U1 current plans with the exception of a lower urgent care co-pay cost. Staff also recommen contractina_� with UNUM for dental,, vision'. and lonp-tenn disabilitp instead of our currmtl�A Ameritas. Dental and vision plan coverage will also remain unchanged. By partnering with UNUM, the City can: 1. Lock in premium rates for a period of three years for dental and four years for vision, 2. Realize savings from premium increases proposed by our current carrier. CITY BENEFIT Our employees and prospective applicants have been vocal in relation to our current benefit co n ire eej igiiatiji • �j J ri NV their e 6W6 n 4 iielwW6146iiii 1i h1i K1 I 1�� 6 1 garmas n I rygmam a 1#1 nubiml E� 1&= I Mr. mom I I E4 Ini FISCAL IMPACT The total premium cost for FY 17-18 was $2,699,281. By moving to Blue Cross Blue Shield • Texas the total premium cost for FY 18-19 will be $2,294,390. With moving dental and vision carriers to UNUM, the City will incur a 10% increase for dental coverage and a 1.9% reduction for vision coverage, for a total cost of $12,572.00, which will be absorbed in the medical premium Emu= RECOMMENDATION Consideration and/or action approving a resolution authorizing the Acting City Manager to enter into an agreement with Blue Cross Blue Shield of Texas for Medical insurance and LINUM for dental, vision and long-term disability insurance. ATTACHMENTS Resolution 18-R-144 RESOLUTION NO. 18 -R -144 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BLUE CROSS BLUE SHIELD TEXAS FOR MEDICAL INSURANCE AND UNUM FOR DENTAL, VISION, AND LONG -TERM DISABILITY AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City solicited proposals from insurance carriers for medical, dental, vision and disability plans; and WHEREAS, after evaluating all proposals for cost and level of benefit provided as compared to the current employee benefits, City staff and the City's insurance broker recommend entering into an agreement with Blue Cross Blue Shield of Texas and Unum to provide the best medical, dental, vision and disability plans at the best value; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Blue Cross Blue Shield of Texas and Unum for medical, dental, vision and disability insurance plans pursuant to the recommendation made by Human Resources Staff. THAT: Section 1. The City Council hereby authorizes the Acting City Manager to enter into an agreement with Blue Cross Blue Shield Texas for medical insurance and Unum for dental, vision, and long -term disability. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this :Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of November, 2018 ATTEST: Brenda Dennis, City Secretary CITY OF SCHERTZ, TEXAS Michael Carpenter, Mayor M 2019 Rates Medical P 139 $ 67.14< 139 $593434; $551.88 $482,07' $522,17 $567.78 2 $1"238.28 z SIJOU6 S1,180.87 ' $1.05454 1,11,2 $1,408,44 2 $1,127.147 24 $1,003.938 $1, 4. 2 $958.01 51,016.95, $1,073;24 7" $1,612,71 7 $1,435,29 51,537 ®94 51,370 SL455.14 SL848A8 , 172 172 57 $610.93 S7 $54172, $594.50 $51'3 23 $562:79 $519,7,60 $1.333.90 , 51,137,15 $1,272M 51x133.82 51,204,20 $1,482;98 6 1,21410 6 $1,080.53 $1,157,81 51,031992, 1 6.9 $1,129.94 $1,737.24 9 $1,546.11 $1,656.70 $1,476.65 $1,568.34 $1,946..46 $I $I 41 $441.72 41 5437.62 S478.48 S41T96 $430M 5466.44 3; $1,9173062 3 $955.50 S1,02185 5412.58 $421.53 11.46,: 1 ,$977 >1*4 1 SSIK68 $31.854 IS930,1611 $833377 $875.78 $1,398.25 14 $1,244.41 51,333.43 $1,1 51' 51,200-18 $1,459 94 3 3 $2,6N,281 306 $2.402,308 $2,605,381 $2,294,390 $2,446,559 $2,727,314 - $296,973 —5, — $404;892 - $252,722 $28.,037 ` M all. _ x15;0 -9,4% 1, �" . � iii cattier Ameritas [ Ameritas Ameritas UNUM j Plan Current Renewal Renewal Vision Exam: 221 $6.78 $7.68 $6.78 $6.65 Emp & Spouse 39 By Opthalmologist $10 Up to $45 $10 Up to $45 $10 Up to $45 $10 Up to $35 By Optometrist $10 Up to $45 $10 Up to $45 $10 Up to $45 $10 Up to $35 Materials- Frames (in lieu of contacts): $150 Allowance Up to $70 $150 Allowance Up to $70 $150 Allowance Up to $70 $150 retail allowance Up to $40 Materials - Contact Lenses (in lieu of eyeglass lenses 8, frames): $3,009.24 $3,407.16 $3,009.24 $2,953.33 Elective Up to $150 Up to $120 Up to $150 Up to $120 Up to $150 Up to $120 $150 Al lowance Up to $100 Service Frequency: $35,439.96 Exams Every 12 Months Every 12 Months Every 12 Months Every 12 Months Prescription Lenses Every 12 Months Every 12 Months Every 12 Months Every 12 Months Frames Every 12 Months Every 12 Months Every 12 Months Every 12 Months Contact Lenses Every 12 Months Every 12 Months Every 12 Months Every 12 Months Rate Guarantee 2 rears wlrate can for year 3 1 Year 4 nears Emp Only 221 $6.78 $7.68 $6.78 $6.65 Emp & Spouse 39 $13.54 $15.32 $13.54 $13.30 Emp & Child(ren) 0 $13.54 $15.32 $13.54 $1130 Emp & Family 54 $18.20 $20.60 $18.20 $17.87 314 314 Estimated Monthly Premium $3,009.24 $3,407.16 $3,009.24 $2,953.33 Estimated Annual Premium $36,110.88 $40,885.92 $36,110.88 $35,439.96 Difference "` ' 13.2% 0.0% -1.9% Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Subject: City Secretary Boards, Commissions and Committee Member Appointments With the recent changes to the Planning & Zoning Bylaws, it created an alternate position to the board. Recently we received an application from Ms. Lauren Garrott who demonstrated her interest in serving. This information was sent to the Interview Committee on November 7, 2018 . for approval. IWYG • ' • On RM RECOMMENDATION Staff recommends approving the appointment of Ms. Lauren Garrott to the Alternate Position on the Planning & Zoning Commission. ATTACHMENT Volunteer Application Ms. Lauren Garrott (Council only) Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Planning & Community Development Subject: Resolution No. 18 -R -145 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Babcock Road 1.65, Ltd. for reimbursement for a roadway extension to Ripps- Kreusler. BACKGROUND Babcock Road 1.65, Ltd., developer of the 18124 IH -35 site (Faskin Oi1/Santikos), approached the City and has proposed to the City to purchase the right -of -way and construct the extension of Ripps Kreusler from the intersection of Baptist Health Drive east to the city limit in exchange for reimbursement of the roadway improvement costs. The remaining portion of this road located in Cibolo, from the Schertz city limit to Wiederstein Road is currently being constructed by the developer. The estimated cost of the roadway improvements are $395,867.00. Ripps Kreusler is identified on the City's Master Thoroughfare Plan as a commercial collector road, and is a roadway that is eligible for development using roadway impact fees. This roadway section falls within Service Area 2, which includes central Schertz and extends north to the city limit line adjacent to Garden Ridge, extends west to the city limit line adjacent to Selma and extends west to approximately Wiederstein Road. The proposed agreement is to reimburse the developer for the roadway improvements not to exceed $395,867.00 after completion and acceptance of the road extension. The reimbursement would be paid back over time from roadway impact fees collected in Service Area 2 at a rate of 30% of the fees collected each year until the total amount is reached. Goal The developer is requesting to be reimbursed for constructing the roadway extension of Ripps Kreusler from the intersection of Baptist Health Drive east to the city limit. 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. Ripps Kreusler is identified on the City's Master City Council Memorandum Page 2 Thoroughfare Plan as a commercial collector and is designed as a highway backage road to provide for two way traffic on a commercial roadway that is parallel to I -35. This extension will assist in promoting additional commercial development as well as provide alternative travel routes for residents and travelers. Summary of Recommended Action This proposal is a unique opportunity for the City to have a needed roadway segment constructed and be able to pay for the roadway through future roadway impact fees. If approved the developer would construct the entire section of Ripps Kreusler through the City of Schertz and City of Cibolo, creating a new roadway connection between FM 3009 and Wiederstein Road. This roadway extension will also open up additional development opportunities for new commercial development in Schertz adjacent to the roadway extension. The relatively low commitment of 30% of the fees collected in Service Area 2 will still allow the City to save the remaining 70% of the fees collected and use them towards other roadway projects in that Service Area. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of Resolution No. 18 -R -1.45. ATTACHMENT Resolution No. 18 -R -145 RESOLUTION NO. 18 -R -145 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH BABCOCK ROAD 165, LTD., TOTALING NO MORE THAN $395,867.00 FOR REIMBURSEMENT OF ROADWAY IMPROVEMENTS FOR THE EXTENSION OF RIPPS KREUSLER AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Babcock Road 165, Ltd., a Texas limited partnership ( "Developer ") has contracted to purchase approximately 1.395 acres of real property in the City of Schertz, Texas situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et al by warranty deed recorded in Volume 2969, Page 150, Guadalupe County Official Public Records; in all, said 1.395 acre tract being more particularly described as set forth Exhibit "A" (the "Property "); and WHEREAS, Developer intends to develop the Property as a public roadway. The public improvements are more particularly described in specifications related to the construction of the public improvements prepared by Coursen- Koehler Engineering and Associates (hereafter collectively called "the Specifications ") attached hereto as Exhibit "B "; and WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution, and Section 380.001 of the Texas Local Government Code ( "Section 380 "), the City may establish and provide for the administration of a program for making loans and grants of public money to promote state or local economic development and to stimulate business and commercial activity in the City; and WHEREAS, City's Contribution shall be reimbursed to the Developer from the Roadway Impact Fees collected by the City for Service Area 2 as identified in its Capital Improvement Plan ( "SA 2 Impact Fees "). City shall reimburse Developer an amount equal to Thirty (30) percent of all SA 2 Impact Fees collected on an annual basis until the Developer has been reimbursed in full for an amount equal to the City's Contribution; and WHEREAS, Developer has agreed, in exchange and as consideration for funding by the City, to satisfy and comply with certain terms and conditions, including the construction of the Public Improvements (as more fully defined in Exhibit B); and WHEREAS, the City and Developer hereby agree, based on the cost itemization attached as Exhibit "C" hereto, that the cost of the Public Improvements, is estimated to be Three Hundred Ninety Five Thousand Eight Hundred and Sixty Seven United States Dollars ($395,867.00) (the "Estimated Total Improvement Cost "); and WHEREAS, the City and Developer agree that the provisions of this Agreement substantially advance a legitimate interest of the City by providing public infrastructure, expanding the tax base of the City, increasing employment and promoting economic development. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with Babcock Road 165, Ltd. not to exceed $395,867 for reimbursement of roadway improvements for the extension of Ripps Kreusler in a form generally as attached hereto as Exhibit D. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 13th day of November, 2018 . ATTEST: CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor M Brenda Dennis, City Secretary (CITY SEAL) -3- Westwood STATE OF TEXAS COUNTY OF GUADALUPE 1.438 ACRE TRACT 62,655 SQ. FT Exhibit A PROJ. NO. 13433.00 OCTOBER 10, 2018 FIELD NOTE DESCRIPTION of a 1.438 acre tract of land within the corporate limits of the city of Schertz and situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et al by warranty deed recorded in Volume 2969, Page 150, Guadalupe County Official Public Records; in all, said 1.438 acre tract being more -particularly described as follows: BEGINNING at a %" iron rod found on the southeast line of Lot 6, Block 1 as shown by plat of Medical Office Building Subdivision recorded in Volume 6, Page 779, Guadalupe County Plat Records coincident with the common north corner of Ripps — Kreusler Road (an 80 foot right -of -way) as described in warranty deed recorded in Volume 1942, Page 624, said Official Public Records and a north corner of said remaining portion of a 150.231 acre tract, for the west corner and POINT OF BEGINNING of the herein described tract of land; THENCE, along the northwest line of said remaining portion of a 150.231 acre tract, North 59° 37' 35" East, 586.21 feet to a %" iron rod found at the common east corner of Lot 8, Block 1 as shown by plat of Schertz — Fairfield Inn recorded in Volume 7, Page 368, said Plat Records and the south corner of a 35.841 acre tract of land conveyed unto Babcock Road 165, LTD by warranty deed recorded in Document No. 2018004043, said Official Public Records for an angle point of the herein described tract of land; THENCE, along the common southwest line of said 35.841 acre tract and the northwest line of said remaining portion of a 150.231 acre tract, North 59° 27' 06" East, 292.00 feet to a %" iron rod set with an orange plastic cap stamped "WESTWOOD" for the north corner of the herein described tract of land; THENCE, across said remaining portion of a 150.231 acre tract of land the following courses: South 31° 49' 06" West, 34.77 feet to a %2" iron rod set with an orange plastic cap stamped "WESTWOOD" at the beginning of a curve to the right, Along the arc of said curve with length of 271.79 feet a radius of 559.94 feet, a delta of 27° 48' 39 ", and a chord bearing and distance of South 45° 43' 20" West, 269.13 feet to a %" iron rod set with an orange plastic cap stamped "WESTWOOD ", and South 59° 37' 35" West, 586.21 feet to a %" iron rod found at the common east corner of said Ripps — Kreusler Road and a reentrant corner of said remaining portion of a 150.231 acre tract of land for the south corner of the herein described tract of land; THENCE, North 30° 22' 25" West, 80.00 feet to the POINT OF BEGINNING. Containing in all, 62,655 square feet of land or 1.438 acres, more or less. Bearings based on Texas State Coordinate System (NAD 1983) for the South Central Zone, 4204. This field note description is based upon the same field work compiled to create the Category 1A, Condition II Land Title Survey for Project No. 13433.00 of the same date and prepared by Westwood Professional Services, Inc. 1718 Dry Creek Way, Suite 110 . San Antonio, Texas 78259 Main 210.265.8300 . westw000Fs oom TBPE Firm No. F -11756 . TBPLS Firm No. 10194064 Gabriel, RPLS exas No 6530 .- -�v 49. GUARD RA NW Ni- LOT 6, BLK I aaaa MEDICAL OFFICE BUILDING SUBDIVISION (VOL 6 PG 779, PR) t '05 azfl9Y Lea (�7 NOD 01a ot de l4 Q!Oedoote k EDWIN WILLIAM RIPPS, JR REMAINING PORTION OF 150.231 ACRES 00 (VOL 2969, PG 150, OPR) 0 Line Table 01111- 4, JOB NO-- I3433.00 CA 7EGORY IA, C N # LAND 7TTLE SURVEY OF Weftwood FW DATE: - 10-10-2018 A t438 ACRE TRACT SITUA TED IN THE JOHN SALADIN SURVEY NO. 404 ABSTRA CT 20 AND OUT OF THE REMAINING POR77ON OF Phone (210) 265-6300 1718 Dry Creek Way, Suite 110 FW.- M TO 150 231 A CRES CONVEYED UNTO EDKIN RIPM JR, ET AL Toll Free (888) 937-5150 San Antonio, TX 78259 ORA WN: JLP (VOL. MR, PG 150, OPR) westwoodps.com JRG CITY OF SChER7Z, GUADALUPE COUNTX TEXAS Westwood Professional Services, Inc. CHECKED: TSPE Firm Na. F -11756 • Ti Firm No 10194064 0 COPYRIGHT WESTWOOD PROFESSIONAL SERVICES, 2018 F';le: N: \0013433.00\Survvy\Oata\DWG\I3433L1S REV - RIPPS 1.438 AC.dwg EXIST' DEWY ±220' APRON a ►1 REMAINDER OF 150.231 ACRES EDWIN WILLIAM RIPPS. ET AL VOL 2969 PG, 150, OR RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ w i.( W = -i z NO V D in u- W PORN I a. w o- H � 9 U PROJECT DESCRIPTION W 3 J Q y P o 35 RIPPS- KREUSLER IS IDENTIFIED IN THE CITY OF SCHERTZ MASTER THOROUGHFARE PLAN AS A COMMERCIAL COLLECTOR WITH A 70 -FOOT ROW. THE = C7 3: o 0 CORRIDOR PROPOSED RIPPS - KRUESLER EXTENSION REPRESENTS APPROXIMATELY 815 LINEAR FEET OF COMMERCIAL COLLECTOR ROADWAY IMPROVEMENTS. THE ROW O .W o m o LOO WILL BE 80 -FEET VERSUS THE MINIMUM 70 -FEET. THE EXISTING RIPPS - KRUESLER SECTION IS +/ -60 -FEET OF PAVEMENT CONSISTING OF FOUR TRAVEL W 6 e LANES, TWO IN EACH DIRECTION, AND A CENTER TURN LANE. APPROXIMATELY 220 LINEAR FEET OF THE EXTENSION WILL BE NEEDED TO TRANSITION Q [J] T ¢ o E o Q '° N SITE FROM THE CURRENT 60 -FOOT PAVEMENT SECTION DOWN TO THE COMMERCIAL COLLECTOR STANDARD 42 -FOOT PAVEMENT SECTION. THE STANDARD a BAPTIST SECTION CONSISTS OF ONE TRAVEL LANE IN EACH DIRECTION AND A CENTER TURN LANE. THE 5 -FOOT WIDE SIDEWALK ON THE NORTH SIDE OF THE re; m m o a HEALTH DR w EXTENSION WILL BE CONTINUED TO THE CITY AND PROJECT LIMITS. NO EXTENSION OF UTILITIES ARE PROPOSED WITH THIS CONSTRUCTION. _W Z RIPPS- E S-2 3 KREUSLER 3009 W z goo c � goo 50 �LL LOCATION MAP W o z h E (NOT TO SCA!_F) z U w SCAI 1 " 100' E9 .F: C3 U w fp Q 35841 ACRES t= 0,= LOT 6, ELF 1 OUT OF TNAT CERTAIN LOT 2, BLK 1 0- _i MEDICAL OFFICE LOT 8, BLK 1 35.906 ACRE TRACT RANDOLPH BROOKS co BUILDING SCHFRTZ- FAIR"IELD INN W 'D � CONVEYED UNTO FEDERAL CREDIT UNION Z SUBDIVISION V01..._ 7 PG, 3683 PR RLDL PROPFRTIES VOL, 1212 P& 779, P.R. VOL, 5 PG, 779, P,R, VOL. 1258 PC, 3'45, OR PROP X14' WIDE 5' SSW CENTER TURN LANE �.- CoNRETE RIPPS - KREUSLER o - .. o .. CURB � r & GLITTER 80' ROW +I 0 _ > o 0 EXIST' DEWY ±220' APRON a ►1 REMAINDER OF 150.231 ACRES EDWIN WILLIAM RIPPS. ET AL VOL 2969 PG, 150, OR RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ RIPPS- KREUSLER EXTENSION ±815 L.F. CITY OF SCHERTZ w i.( W = -i z NO V D in u- W O a. w o- H � U JOB NO.: 13119.00 DATE: NOV 08, 2018 DRAWN: ODE REVISED EXH. 3 Exhibit C PROJECTED DEVELOPMENT COST ESTIMATE WKO Ripps- Kruesler Improvements Ripps Tract PREPARED BY: .. SCHERTZ ESTIMATES September 21, 2018 Revised: November 1, 2018 2nd Revision: November 6, 2018 NOTES: 1. THIS IS AN ESTIMATE ONLY. CONSTRUCTION PLANS HAVE NOT BEEN COMPLETED. 2. NO INFLATION FACTOR HAS BEEN INCLUDED IN THE COSTS. 3. PROFESSIONAL FEES ARE AN ESTIMATE ONLY. A FORMAL PROPOSAL HAS NOT BEEN PREPARED AND THIS ESTIMATE SHOULD NOT BE REPRESENTED AS SUCH. 4. ESTIMATE DOES NOT INCLUDE UTILITY EXTENSIONS OR IMPROVEMENTS. C:\ Users\ GECOURSEN WppData \Local\Temp\Bluebeam Software95017869.xlsx DEVELOPMENT COST ESTIMATE SUMMARY SHEET Ripps- Kruesler Improvements Ripps- Kruesler Improvements November 6, 2018 Job No. R0013433.00 SITEWORK & EROSION CONTROL $ 27,500.00 STREET IMPROVEMENTS $ 242,792.00 DRAINAGE IMPROVEMENTS $ 69,575.00 IMPROVEMENTS SUB -TOTAL $ 339,867.00 Estimated Professional Services Fees DESIGN, PREPARE, AND PROCESS CIVIL DOCUMENTS $ 23,000.00 STORM WATER MANAGEMENT PLAN $ 4,000.00 STORM WATER POLLUTION PREVENTION PLAN $ 1,500.00 CONSTRUCTION ADMINISTRATION $ 2,500.00 PREPARE & PROCESS PLANS OF RECORD $ 1,750.00 ESTABLISH CONTROL POINTS & LIMITS OF CONSTRUCTION $ 1,250.00 PRELIMINARY 1 FINAL STREET & DRAIN STAKING $ 5,000.00 PROFESSIONAL SERVICES SUB -TOTAL $ 39,000.00 SUB -TOTAL CONTINGENCY TOTAL C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.x1sx $ 378,867.00 $ 17,000.00 By Developer $ 395,867.00 DEVELOPMENT COST ESTIMATE Ripps- Kruesler Improvements Schertz SITEWORK & EROSION CONTROL ITEM DESCRIPTION UNIT EST /QTY $ /UNIT AMOUNT 1 MOBILIZATION LS 1 $0.00 $0.00 2 PREPARE ROW /EASEMENTS AC 1.5 $2,500.00 $3,750.00 3 CONSTRUCTION ENTRANCE EA 1 $1,750.00 $1,750.00 4 SILT FENCE LF 900 $2.50 $2,250.00 5 ROCK BERM LF 50 $45.00 $2,250.00 6 WASHOUT PIT EA 1 $750.00 $750.00 7 REMOVE & REPLACE FENCE LF 900 $12.50 $11,250.00 8 FINAL STABILIZATION OF DISTURBED AREAS LS 1 $5,500.00 $5,500.00 C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.xlsx TOTAL COST $27,500.00 STREET IMPROVEMENTS ITEM DESCRIPTION UNIT EST /QTY $ /UNIT AMOUNT 1 SAWCUT & TIE TO EXISTING ROAD LS 1 $6,000.00 $6,000.00 2 EXCAVATION CY 2,250 $5.00 $11,250.00 3 EMBANKMENT CY 750 $3.50 $2,625.00 4 TREATED SUBGRADE SY 4,490 $4.00 $17,960.00 5 FLEXIBLE BASE (12" COMPACTED DEPTH) SY 4,170 $13.00 $54,210.00 6 PRIME COAT GAL 834 $4.00 $3,336.00 7 TACK COAT GAL 417 $3.00 $1,251.00 8 HMAC TYPE D (2.0" COMPACTED THICKNESS) SY 4,170 $10.00 $41,700.00 9 HMAC TYPE C (2.0" COMPACTED THICKNESS) SY 4,170 $11.00 $45,870.00 10 MACHINE LAID CONCRETE CURB & GUTTER LF 1,610 $16.50 $26,565.00 11 5' CONCRETE SIDEWALK - ONE SIDE SY 405 $55.00 $22,275.00 12 PAVEMENT MARKINGS LS 1 $6,000.00 $6,000.00 13 CONSTRUCTION & MATERIAL TESTING LS 1 $3,750.00 $3,750.00 TOTAL COST $242,792.00 DRAINAGE IMPROVEMENTS ITEM DESCRIPTION UNIT ESTIQTY $ /UNIT AMOUNT 1 24" STORM PIPE LF 45 $85.00 $3,825.00 2 36" STORM PIPE LF 250 $125.00 $31,250.00 3 10' CURB INLET EA 2 $13,500.00 $27,000.00 4 OUTFALL END TREATMENT EA 1 $7,500.00 $7,500.00 TOTAL COST $69,575.00 C:\ Users \GECOURSENWppData \Local \Temp\Bluebeam Software95017869.xlsx CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT THIS AGREEMENT ( "Agreement ") by and between Babcock Road 165, Ltd., a Texas limited partnership ( "Developer ") and the CITY OF SCHERTZ, TEXAS ( "City "), a home rule municipal corporation (City and Developer collectively referred to as the "Parties" and sometimes individually as a "Party "), is entered into upon the "Effective Date," as more clearly defined herein. WHEREAS, Developer has contracted to purchase approximately 1.438 acres of real property in the City of Schertz, Texas situated in the John Saladin Survey No. 404, Abstract 299, Guadalupe County, Texas and out of that remaining portion of a 150.231 acre tract of land conveyed unto Edwin Ripps, Jr., et a1 by warranty deed recorded in Volume 2969, Page 1.50, Guadalupe County Official Public Records; in all, said 1.438 acre tract being more particularly described as set forth Exhibit "A" (the "Property "); and WHEREAS, Developer intends to develop the Property as a roadway (the "Project," as defined below). The public improvements are more particularly described in specifications related to the construction of the public improvements prepared by Coursen- Koehler Engineering and Associates (hereafter collectively called "the Specifications ") attached hereto as Exhibit "B "; and WHEREAS, in accordance with Article III, Section 52 -a of the Texas Constitution, and Section 380.001 of the Texas Local Government Code ( "Section 380 "), the City may establish and provide for the administration of a program for making loans and grants of public money to promote state or local economic development and to stimulate business and commercial activity in the City; and WHEREAS, City's Contribution shall be reimbursed to the Developer from the Roadway Impact Fees collected by the City for Service Area 2 as identified in its Capital Improvement Plan ( "SA 2 Impact Fees "). City shall reimburse Developer an amount equal to Thirty (30) percent of all SA 2 Impact Fees collected on an annual basis until the Developer has been reimbursed in full for an amount equal to the City's Contribution; and WHEREAS, the City Council of the City of Schertz, Texas, has adopted Resolution No. 18-R-145 on November 13, 2018 (the "Resolution "), authorizing the City Manager to enter into this Agreement; and WHEREAS, Developer has agreed, in exchange and as consideration for funding by the City, to satisfy and comply with certain terms and conditions, including the construction of the Public Improvements (as more fully defined below); and WHEREAS, the Parties hereby agree, based on the cost itemization attached as Exhibit "C" hereto, that the cost of the Public Improvements, including appropriate road, water, wastewater, and drainage impact fees, is estimated to be Three Hundred Ninety Five Thousand 1 age Schertz 380 4835 - 7078 -5146, v. 1 Eight Hundred and Sixty Seven United States Dollars ($395,867.00) (the "Estimated Total Improvement Cost "); and WHEREAS, the City and Developer agree that the provisions of this Agreement substantially advance a legitimate interest of the City by providing public infrastructure, expanding the tax base of the City, increasing employment and promoting economic development. NOW, THEREFORE, for and in consideration of the promises and the mutual . agreements set forth herein, the Parties hereby agree as follows: ARTICLE I RECITALS 1. Recitals. The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE II AUTHORITY AND TERM 1. Authority. The City's execution of this Agreement is authorized by Chapter 380 of the Texas Local Government Code and constitutes a valid and binding obligation of the City. The City acknowledges that Developer is acting in reliance upon the City's performance of its obligations under this Agreement in making the decision to commit substantial resources and money to the establishment of the Project, hereinafter established. 2. Term. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, or until the Maximum Grant Amount has been reached, or by Section Article IV L(b), unless terminated sooner or extended by mutual agreement of the Parties in the manner provided for herein. ARTICLE III DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. "Actual Total Improvement Costs" means the actual cost of the Public Improvements, as determined by the Construction Progress Reports, including appropriate road, water, wastewater, and drainage impact fees, as itemized in Exhibit "C ". 2111age Schertz 380 4835 - 7078 -5146, v. 1 "Bankruptcy" or "Insolvency" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of receiver for any party of such Party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Effective Date" shall mean the date Developer closes on the purchase of the Property, which must occur on or before December 7, 2018, . however, this date may be extended thirty (30) days if agreed to in writing by the Parties. "Expiration Date" shall mean the earlier of: 1. The City's reimbursement of the Maximum Grant Amount to Developer; or 2. Ten (1.0) years from the Effective Date of this Agreement, however, the Agreement will automatically renew for two (2) additional five (5) year periods if Developer has not yet received the Maximum Grant Amount; or 3. The date of termination, provided for under Article VIII of this Agreement. "Estimated Total Improvement Cost" means the estimated cost of the Public Improvements, including appropriate road, water, wastewater, and drainage impact fees, in the amount of Three Hundred Ninety Five Thousand Eight Hundred and Sixty Seven United States Dollars ($395,867.00) as reflected on Exhibit "C ". "Force Majeure: shall mean any contingency or cause beyond the reasonable control of a party, including, without limitation, acts of God or the public enemy, war riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Fiscal Year" shall mean October 1 st of any given calendar year through September 30th of any given following calendar year. Gender: The gender of the wording throughout this Agreement shall always be interpreted to mean either sex, and where the context requires, the plural of any word shall include the singular. "Grant(s)" shall mean an amount equal to Thirty (30) percent of all Roadway Impact Fees collected by the City for Service Area 2 as identified its Capital Improvement Plan ( "SA 2 Impact Fees ") those funds to be reimbursed to the Developer. "Grant Period" shall mean a full calendar year beginning January 1 and ending December 31, except that the first Grant Period shall be from the City Acceptance Date of the Public Improvements through December 31 of the same year. 31Page Schertz 380 4835 - 7078 -5146, v. 1 "Hard Costs" shall mean the actual, substantiated costs of construction, labor, and materials incurred by Developer for Public Improvements. "Maximum Grant Amount" shall mean an amount not to exceed Three Hundred Ninety Five Thousand Eight Hundred and Sixty Seven United States Dollars ($395,867.00). "Project" shall mean the complete development of the Public Improvements Project that shall comply, in substantial shape and form, with the Project Improvements Site Plan, attached hereto as Exhibit "B ". "Property" shall mean the real property described in Exhibit "A ", upon which the majority of the Project, authorized by this Agreement, shall be constructed. "Public Improvements" shall collectively mean the improvements constructed by the Developer for the purpose of improving Ripps Kreusler and adjacent areas, including, but not limited to, drainage, utilities, traffic signals, and sidewalks as more particularly described in the Project Improvements Site Plan, attached hereto as Exhibit "B ". "Soft Costs" shall mean architectural, engineering, and legal fees incurred by Developer for Public Improvements. "State of Texas" shall mean the Office of the Texas Comptroller, or its successor. ARTICLE IV ECONOMIC DEVELOPMENT GRANTS 1. Grants a. City's Contribution In consideration of the obligations incurred by the Developer pursuant to this Agreement, the City agrees to participate in the funding of the actual construction costs of the public improvements listed in Exhibit "C" said amount to be no more than $395,867.00 ( "City Contribution "). Actual costs are to be verified by submission of receipts and invoices. The contingency amount listed in Exhibit "C" may only be used upon written agreement by the City. b. Reimbursement of Citv's Contribution City's Contribution shall be reimbursed to the Developer from the Roadway Impact Fees collected by the City for Service Area 2 as identified its Capital Improvement Plan ( "SA 2 Impact Fees "). City shall reimburse Developer an amount equal to Thirty (30) percent of all SA 2 Impact Fees collected on an annual basis until the Developer has been reimbursed in full for an amount equal to the City's Contribution. The reimbursement to the Developer will be paid 41P;age Schertz 380 4835 - 7078 -5146, v. 1 to the Developer by January 31 for the preceding year. (i.e. The reimbursement of any SA Impact Fees collected by the City in 2018 would be paid to the Developer by January 31, 2019.) C. Current Revenue. The Grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the City. Such funds shall be further limited to SA 2 Impact Fees for the applicable Grant Period consummated at the Project. Under no circumstances shall City's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. The Grant shall be paid solely from appropriations from funds of the City as may be legally set aside for such purpose consistent with Article III, Section 52(a) of the Texas Constitution. Further, City shall not be obligated to pay any commercial bank lender or similar institution for any loan or credit agreement made by Developer. None of the City's obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. ARTICLE V CONDITIONS TO ECONOMIC DEVELOPMENT GRANTS The obligation of the City to pay GRANTS shall be conditioned upon Developer's continued compliance with and satisfaction of each of the conditions set forth in this Agreement. 1. Developer shall have fully completed all of the Public Improvements in substantial accordance with the Project Improvement Site Plan as set forth in Exhibit "B ". 2. Payment Requirement. Developer shall, as a condition precedent to the payment of any GRANT, provide the City with a Payment Request in suitable form for the applicable GRANT period. 3. Construction Progress Reports. Beginning [ ], Developer shall deliver to City the following reports: (a) Certified invoices of actual Hard and Soft Costs incurred by Developer to complete the Public Improvements described in Article V.1, including a proposed completion date. 4. Recapture. In the event of default, the City shall, after providing Developer notice and an opportunity to cure, have the right to recapture all GRANTS provided to Developer. The recapture of any GRANTS from Developer shall be in like manner and subject to the same penalties as provided by Article X(17) hereof. 5. Guidelines for Submission. The City Manager shall develop guidelines setting forth the specific details and procedural requirements for the timely submission of Payment Requests and the disbursement of grants pursuant to this Agreement. Such guidelines shall be implemented by written order signed by the City Manager. 6. Additional Request for Improvements. The City may request Developer to undertake construction of improvements in addition to the Public Improvements set out in 5111age Schertz 380 4835 - 7078 -5146, v. 1 Exhibit B. In such event, Developer shall institute necessary change orders, with its contractors, to facilitate the requested construction, provided: (a) The request is limited to improvements to public facilities such as streets, sidewalks, drainage, water or sewer facilities; and (b) The City agrees to pay Developer for all actual costs expended for the additional . work within 30 days of receipt of invoice; and (c) The scope of work and terms of payment shall be more fully set out in an Addendum to this Agreement, that shall be executed by City and Developer (contemporaneously with the City's submittal and Developer's acceptance of the request); and (d) The Addendum, reference immediately above complies with the requirements of Texas Local Government Code Section 212.072, including but not limited to: i. Except in the case of oversizing, the cumulative costs of improvements authorized by the Addendum or Addendums does not exceed thirty percent (30 %) of the total Public Infrastructure Costs; or ii. If the City request oversizing of an improvement, which is authorized by this Agreement as a Public Improvement, the cumulative costs of improvements authorized by the Addendum or Addendums does not exceed one - hundred percent (100 %) of the cost to oversize the Public Infrastructure." ARTICLE VI COVENANTS AND DUTIES 1. Developer's Covenants and Duties. Developer makes the covenants and warranties to the City and agrees to timely and fully perform the obligations and duties contained in Article V of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the Developer. (a) Developer is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas and the United States of America during any term of this Agreement. (b) The execution of this Agreement has been duly authorized by Developer's authorized agent, and the individual signing this Agreement is empowered to execute such Agreement and bind the entity. Said authorization, signing, and binding effect is not in contravention of any law, rule, regulation, or of the provisions of Developer's by -laws, or of any agreement or instrument to which Developer is a party to or by which it may be bound. (c) Developer is not a party to any bankruptcy proceedings currently pending or contemplated, and Developer has not been informed of any potential involuntary bankruptcy proceedings. (d) To its current, actual knowledge, Developer has acquired and maintained all necessary rights, licenses, permits, and authority to carry on its business in the 6 1 P a g e Schertz 380 4835 - 7078 -5146, v. 1 City and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Developer shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Developer agrees to complete, or cause to be completed, the Public Improvements described herein at its sole cost and expense. Developer also agrees to obtain or cause to be obtained, all necessary permits and approvals from City and /or all other governmental agencies having jurisdiction over the construction of Public Improvements to the Property. (g) To the extent not already attached to this Agreement as Exhibit `B," Developer agrees to prepare, or cause to be prepared, plans and specifications for the Public Improvements prior to starting any construction. (h) Developer agrees to supervise the construction of the Project and cause the construction to be performed substantially in accordance with the Public Improvements approved by the City in accordance with federal, state and local laws and ordinances and this Agreement. (i) Developer shall be responsible for paying, or causing to be paid, to City and all other governmental agencies the cost of all applicable permit fees and licenses required for construction of the Project. Developer agrees to develop the Project in accordance with the ordinances, rules, and regulations of the City in effect on the date the Project was designated, unless specified otherwise in this Agreement. Developer, in its sole discretion, may choose to comply with any or all City rules promulgated after the Effective Date of this Agreement. (j) Developer agrees to commence and complete the Project in substantial accordance with the Project Improvements Site Plan. (k) Developer shall, at its own cost and expense, maintain or cause to be maintained, the Public Improvements and all the other public improvements identified within Exhibit "B" until acceptance by the City, as evidenced by written acceptance by the City Manager, and for one year thereafter. After the expiration of one (1) year after such acceptance, maintenance of all Public Improvements, except streets and roads, public utilities, medians, traffic signals, and sidewalks, shall be the responsibility of Developer, and the City will assume responsibility for all publicly- dedicated streets and roads. Developer, its agents, employees, and contractors will not interfere with reasonable use of all the Public Improvements by the general public, except for drainage retention improvements. Developer shall dedicate streets and roads to the City at no additional cost or expense to City within sixty (60) days after completion and acceptance of the Public Improvements. (1) Developer shall cooperate with City in providing all necessary information to assist City in complying with this Agreement. (m) The cost of the Public Improvements and all other improvement expenses associated with the Project shall be funded through the use of Developer's own capital or through credit secured solely by the Developer. The Developer may use 71Page Schertz 380 4835 - 7078 -5146, v. 1 any or part of the Property as collateral for the construction loan or loans as required for the financing of the Project; however, no property with a lien still attached may be offered to the City for dedication. In the event property is dedicated to the City with a lien attached; and Developer does not cure such lien within the period prescribed in section 3 of this Article, Developer shall be in breach of this Agreement. (n) In accordance with Texas Government Code section 2264.051. Developer certifies that it, and all branches, divisions or departments of Developer do not and will not knowingly employ an undocumented worker, as that term is defined in the section. (o) Developer shall submit written annual reports, starting no later than thirty (30) days following the end of the fiscal year in which the Project was created, and thereafter through the duration of the Project, on its construction progress and construction expenses to City. (p) Developer shall diligently work to complete successfully any and all required Public Improvements that are not completed before the Project terminates. Such completion shall be at no additional cost to the City. (q) Developer shall pay, or cause to be paid, monthly rates and charges for all utilities (such as water, electricity, and sewer services) used by Developer in regard to the development of the Project, the Property for all areas owned by Developer during construction of the Project, and for so long as Developer owns those areas. (r) Developer Bears Risk of Reimbursement. Developer represents that it understands that any contributions made by Developer in anticipation of reimbursement from Grant Funds shall not be, nor shall be construed to be, financial obligations of the City. Developer shall bear all risks associated with reimbursement. 2. City's Covenants and Duties. (a) Grant Payment. The City is obligated to pay Developer an amount not to exceed the Maximum Grant Amount from sources contemplated by this Agreement over a period not to exceed the Expiration Date, subject to Developer's timely and full satisfaction of all applicable duties and terms within this Agreement, as reasonably determined by the City Council of the City of Schertz, Texas. Further, City's obligations to pay Developer shall cease upon the earlier of. (1) payment in full of the Maximum Grant Amount; (2) reaching the Agreement's Expiration Date; or (3) Default by Developer. 3. Substantial Compliance and Default. Failure by either Party to timely and substantially comply with any performance requirement, duty, or covenant shall be considered an act of Default if uncured within sixty (60) days of receiving written notice from the other Party. Failure of Developer to timely and substantially cure a default will give the City the right to terminate this Agreement, as reasonably determined by the City Council of the City of Schertz, Texas. 8 1 P a g e Schertz 380 4835 - 7078 -5146, v. 1 ARTICLE VII DEVELOPMENT STANDARDS 1. Plan. As stated previously, the Project shall be developed in substantial accordance with the Project Improvements Site Plan, attached hereto as Exhibit "B ". Developer may submit an updated Project Improvements Site Plan after the Effective Date of this Agreement, provided however, that the amended Project Improvements Site Plan is approved by the City. ARTICLE VIII TERMINATION 1. Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a) The written agreement of the Parties; (b) Upon ten (10) days written notice from Developer to City, if by December 7, 2018, Developer has not taken fee simple title to the Property by that date, however, this date may be extended thirty (30) days if agreed to in writing by the Parties; (c) The Agreement's Expiration. Date; (d) In accordance with Section Article IV L(b); (e) Default by Developer; or (f) The Payment of the Maximum Grant Amount. 2. Termination by Maximum Grant Amount. If the Agreement is terminated by reaching the Maximum Grant Amount, the City is required to issue a letter to the Developer stating that the Maximum Grant Amount has been reached. 3. Termination by Failure to Perform. If the Developer does not complete the public improvements and they are not accepted by the City within 18 months of the execution of this agreement subject to any delay caused by a Force Majeure event, the agreement shall be considered terminated and no Grant funds will be paid. Additional time may be granted only upon written approval by the City Manager. 4. Extension Beyond Term and Reimbursement. Notwithstanding any other provision of this Agreement to the contrary, the Expiration Date of this Agreement will be extended until Developer has received the Maximum Grant Amount, provided that such extension shall continue no more than five years beyond the Expiration Date provided in this Agreement. ARTICLE IX DISPUTE RESOLUTION 1. Mediation. If a dispute arises out of or relates to this Agreement or the breach thereof, the Parties shall first in good faith seek to resolve the dispute through negotiation 9111age Schertz 380 4835 - 7078 -5146, v. 1 between the upper management of each respective Party. If such dispute cannot be settled through negotiation, the Parties agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, San Antonio, Texas, before resorting to arbitration, litigation, or some other dispute resolution procedure; provided that a Party may not invoke mediation unless it has provided the other Party with written notice of the dispute and has attempted in good faith to resolve such dispute through negotiation. Notwithstanding the foregoing, any Party may seek immediate equitable relief, without attempting to settle a dispute through mediation, in any case where such Party is entitled to equitable relief by law, the terms of the Agreement, or otherwise. All costs of negotiation, mediation, and arbitration collectively known as alternate dispute resolution ( "ADR ") shall be assessed equally between the City and Developer with each party bearing their own costs for attorneys' fees, experts, and other costs of ADR and any ensuing litigation. 2. During the term of this Agreement, if Developer files and / or pursues an adversarial proceeding against the City regarding this Agreement without first engaging in good faith mediation of the dispute, then, at the City's option, all access to the Grants provided for hereunder may be deposited with a mutually acceptable escrow agent that will deposit such finds in an interest bearing account until the resolution of such adversarial proceeding. 3. Under no circumstances will the Grant funds received under this Agreement be used, either directly or indirectly, to pay costs or attorney fees incurred in any adversarial proceeding regarding this Agreement against City. ARTICLE X MISCELLANEOUS 1. Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the City, Developer, and their respective successors and assigns. The City Manager shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the City Council of the City of Schertz, Texas, on behalf of the City related thereto. Notwithstanding any other provision of this Agreement to the contrary, performance of either Party under this Agreement is specifically contingent on Developer obtaining fee simple title to the Property on or before December 7, 2018, however, this date may be extended thirty (30) days if agreed to in writing by the Parties. In the event Developer has not taken fee simple title to the Property by such date, or such date as amended as described above, Developer may, in its sole absolute discretion, upon ten (10) days written notice to City, terminate this Agreement, whereupon the Parties shall have no further obligation to one another under this Agreement. 2. Mutual Assistance. City and Developer will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3. Representations and Warranties. City represents and warrants to Developer that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. 101Page Schertz 380 4835 - 7078 -5146, v. 1 Developer represents and warrants to the City that it has the requisite authority to enter into this Agreement. 4. Assignment. Developer shall have the right to assign all of its rights, duties, and obligations under this Agreement to a duly qualified third party with prior written approval of the City Council of the City of Schertz, Texas. Any assignment provided for herein shall not serve to enlarge or diminish the obligations and requirements of this Agreement, nor shall they relieve Developer of any liability to the City including any required indemnity in the event that any Assignee hereof shall at any time be in default of the terms of this Agreement. The City may demand and receive adequate assurance of performance including the deposit or provision of financial security by any proposed Assignee prior to its approval of an assignment. 5. Independent Contractors. (a) It is expressly understood and agreed by all Parties hereto that in performing their services hereunder, Developer at no time will be acting as an agent of the City and that all consultants or contractors engaged by Developer respectively will be independent contractors of Developer; and nothing contained in this Agreement is intended by the Parties to create a partnership or joint venture between the Parties and any implication to the contrary is hereby expressly disavowed The Parties hereto understand and agree that City will not be liable for any claims that may be asserted by any third party occurring in connection with services performed by Developer respectively under this Agreement, unless any such claims are due to the fault of the City. (b) By entering into this Agreement, the Parties do not waive, and shall not be deemed to have waived, any rights, immunities, or defenses either may have, including the defense of parties, and nothing contained herein shall ever be construed as a waiver of sovereign or official immunity by the City with such rights being expressly reserved to the fullest extent authorized by law and to the same extent which existed prior to the execution hereof. (c) No employee of City, or any councilmember or agent of City, shall be personally responsible for any liability arising under or growing out of this Agreement. 6. Notice. Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, facsimile with receipt confirmation, or by depositing the same in the United States Mail, postage prepaid and certified with return receipt requested, addressed to the Party at the address set forth below: If intended for City: City of Schertz 1400 Schertz Pkwy Schertz, Texas 78154 Attn: City Manager 11 I P;age Schertz 380 4835 - 7078 -5146, v. 1 With a copy to: Denton, Navarro, Rocha, Bernal & Zech, PC Attention: T. Daniel Santee 2517 North Main Avenue San Antonio, TX 78212 If to the Developer: Babcock Road 165, Ltd. 6101 Holiday Hill Road Midland, Texas 79707 Attn: Charles F. Hedges, Jr. With a copy to: Barton Benson Jones PLLC Attention: Buck Benson 745 E. Mulberry Suite 550 San Antonio, TX 78212 Either Party may designate a different address at any time upon written notice to the other Party. 7. Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 3 7. 10 8. Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement shall be in Guadalupe County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 9. Amendment. This Agreement may be amended by mutual written agreement of the Parties, as approved by the City Council of the City of Schertz, Texas. 10. Legal Construction. In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions of this Agreement, and it is the intention of the Parties to this Agreement that, in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. 11. Interpretation. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. 121Pag Schertz 380 4835 - 7078 -5146, v. 1 12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the Parties that, in any manner, relates to the subject matter of this Agreement, except as provided for in any Exhibits attached hereto or duly approved amendments to this Agreement, as approved by the City Council of the City of Schertz, Texas. 13. Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. 14. Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 15. Exhibits. Any Exhibits attached hereto are incorporated by reference for all purposes. 16. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 17. Employment of Undocumented Workers. During the term of this Agreement, Developer agrees to not knowingly employ any undocumented workers, and, if convicted of a violation under 8 U.S.C. Section 1324a(l), Developer shall be in Default and repay the amount of the Grants and any other funds received by Developer from the City as of the date of such violation within one hundred twenty (120) days after the date Developer is notified by the City of such violation, plus interest at the rate of six percent (6.00 %) compounded annually from the date of the violation until paid in full. Developer is not liable for an unknown violation of this Section by a subsidiary, affiliate, or franchisee of Developer or by a person with whom Developer contracts provided however that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Developer enters into with any subsidiary, assignee, affiliate, or franchisee for which Grants provided herein will be used. 18. Indemnification. DEVELOPER AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY THE "CITY ") HARMLESS FROM AND AGAINST ANY AND ALL REASONABLE LIABILITIES, DAMAGES, CLAIMS, LAWSUITS, JUSTMENTS, ATTORNEY FEES, COSTS, EXPENSES AND ANY CAUSE OF ACTION THAT DIRECTLY RELATES TO ANY OF THE FOLLOWING: ANY ACT OR OMISSION OR BREACH OR NON - PERFORMANCE BY DEVELOPER UNDER THIS AGREEMENT EXCEPT THAT THE IMDEMNITY PROVIDED HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE ACTION OR OMISSIONS OF THE CITY. THE PROVISIONS OF THIS SECTION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. 13 age Schertz 380 4835 - 7078 -5146, v. 1 19. Additional Instruments. City and Developer agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 20. Future permits. Developer acknowledges that the inclusion of the Project Improvements Site Plan and Public Improvements Cost Itemization, as Exhibits "B" and "C" herein, in no way infers the City's approval of any aspect of the proposed Project; but, rather, such exhibits represent certain requirements for Developer's eligibility to receive Grant payments under this Agreement. All aspects of the Project must comply with applicable provisions of the City's Code of Ordinances, Unified Development Code, and other codes as may have been adopted by the City, in order to obtain necessary approvals of officers or staff of the city under the review processes set out in such codes. 21. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire. Developer represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code, Conflicts of Interest Questionnaire and Chapter 2252 of the Texas Government Code, Form 1295 Certificate of interested Parties online filing with the Texas Ethics Commission. 22. Boycott Israel requirement. Pursuant to State law, the Developer recognizes that City may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it; (i) does not boycott Israel; and (ii) will not boycott Israel during the term of the contract (Texas Government Code, Chapter 2270.002). As such, the Developer hereby verifies that it does not boycott Israel, and agrees that, during the term of this Agreement, will not boycott Israel as that term is defined in the Texas Government Code, Section 808.001, as amended. Further, the Developer hereby certifies that it is not a company identified under Texas Government Code, Section 2252.152 as a company engaged in business with Iran, Sudan, or Foreign Terrorist Organization. Executed on this day of 2018. . CITY OF SCHERTZ, TEXAS ATTEST: 141P,age Schertz 380 4835 - 7078 -5146, v. 1 City Secretary APPROVED ONLY AS TO FORM: City Attorney Babcock Road 1.65, Ltd., a Texas limited partnership BY: Fasken Management, LLC, a Texas limited liability company, Its General Partner mm Charles F. Hedges, Jr., Senior Vice :President 151Page Schertz 380 4835 - 7078 -5146, v. 1 EXHIBITS Exhibit "A" Legal Description of the Property Exhibit "B" Project Improvements Site Plan Exhibit "C" Public Improvements Cost Itemization 16 1 P a g e Schertz 380 4835-7078-5146, v. 1 Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Fire Department, Planning & Community Development Ordinance No. 18 -S -36 - Conduct a Public Hearing and consideration and/or action approving an Ordinance regarding ZC2018 -004, an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 8, Special Uses and General Regulations, Subsection 21.8.2. Accessory Buildings, Uses and Structures. (First Reading) BACKGROUND The current UDC, Article 8, Section 21.8.2.C. & D. Accessory Buildings, Uses and Structures, states that accessory structures shall be set back three feet (3') from common property lines and shall be located no closer than ten feet (1.0') from the main building. This code requirement pre- dates the adoption of the City's first UDC in 1996. On June 25, 2018 the Board of Adjustment (BOA) heard four cases, submitted by residents, within the Fairways of Scenic Hills that had installed sheds, which are considered accessory structures, in violation of the three feet (3') common property line setback and ten feet (10') building separation requirements in the Unified Development Code (UDC). The Board of Adjustment denied all four requests. This prompted a review of the setback requirements of the UDC, which included the September 11, 2018 joint session of the City Council and the Planning and Zoning Commission to discuss the matter. Keeping the goals of minimizing the risk to neighbors when a property owner has a fire, providing room to operate fire suppression /rescue equipment and access all sides of a structure during a fire, and lowering the likelihood that fire will spread to other structures on the property, the Fire Department began researching other communities' standards and exploring options. In trying to achieve these three priorities and balance other issues such as a property owner's desires, compliance with the UDC and minimizing the need for inspections and enforcement, staff believes the option being proposed appropriately balances all of these issues. Staff is recommending that accessory buildings and structures be setback a minimum of 3' from the property line, except that they must be 5' from the property line when in the side yard adjacent to the primary structure. This ensures there is adequate room to operate and access all sides of the structure in the event of a fire or other emergency. Although it increases the potential risk of fire spread between structures on the same property, it still maintains a reasonable separation to protect a property owner's neighbor from fire spread due to decisions made by a property owner. The requirement for 10' of separation from the primary structure is being eliminated. The attached graphic illustrates where sheds are allowed. This will allow significantly greater flexibility for where residents may locate their sheds on their property. Making these changes involves amending the UDC as follows: • Elimination of the existing UDC Article 8 Section 21.8.2 subsection D which states: No accessory building, use or structure may be closer than ten feet (1.0') to the main building. • Addition of new UDC Article 8, Section 21.8.2 subsection D which would read as follows: Accessory buildings, uses or structures shall be set back three feet (3') from common property lines unless the structure is placed in a side yard. If placed in a side yard, accessory building, uses or structures shall be set back five feet (5') from the side common property line for access during emergencies. No accessory structure may be located within an easement. • Elimination of the existing UDC Article 8 Section 21.8.2 subsection. I which states: The minimum separation between a main structure and detached accessory building, use or structure other than a carport shall be ten feet. • Addition of a new UDC Article 8, Section 21.8.2 subsection N which would read as follows: Accessory buildings, uses, and structures shall conform to applicable provisions of the Building Code and Fire Code. At the October 10, 2018 Planning & Zoning Commission meeting, staff made the recommendation to the Commission that the item be recommended for approval. Planning & Zoning Commission recommended that City Council approve the new UDC and Code of Ordinances with a 5 -1 vote. ATTACHMENT Ordinance No. 1.8 -5 -36 w Fror a Gree Mo�,&, ved in JS ORDINANCE NO. 18 -S -36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART 1I1, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 8 SPECIAL USES AND GENERAL REGULATIONS, SECTION 21.8.2. ACCESSORY BUILDINGS, USES AND STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on October 1.0, 2018 . the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on November 13, 2018 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended by replacing the existing language found in Sec.21.8.2 (entitled "Accessory Buildings, Uses and Structures ") with the language set forth in Exhibit "A ", attached hereto and incorporated herein for all purposes. 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. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. 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. Approved on first reading the 13th day of November, 2018. PASSED, APPROVED AND ADOPTED on final reading the 27th day of November, 2018. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 8 Section 21.8.2 Accessory Buildings, Uses and Structures A. No accessory building, use or structure shall be permitted without a primary use or structure. B. Accessory buildings uses, and structures as permitted herein shall comply with the maximum impervious coverage restrictions contained in zoning regulations, and the number of accessory uses /structures on lots of less than % acre is limited to a maximum of three (3). C. Accessory buildings, uses or structures shall be set back three feet (3') from common property lines unless the structure is placed in a side yard. If placed in a side yard accessory buildings or structures shall be set back five feet (5') from the side common property line for access during emergencies. No accessory structure may be located within an easement. D. No detached accessory building, use or structure shall be allowed in the front yard. E. Attached accessory buildings, uses or structures shall comply with the front, side and rear setbacks and height restrictions established for the primary structure and/or this section. F. The wall height of the accessory building, use or structure shall be limited to not more than eight feet (8') and total accessory building, use or structure height shall not exceed fifteen feet (15'). This is only applicable to platted subdivisions with a specific lot size e.g. eighty feet (80') by one hundred feet (100') and is not intended to be applicable for one -owner multiple acre residence. In this instance, a variance is not required and the total accessory building, use or structure height cannot exceed thirty-five feet (35'). G. The minimum separation between the main building and an in- ground or above - ground pool, spa, hot tub, playhouse, sauna or gazebo which does not exceed one story in height may be less than ten feet (10') if the accessory building, use or structure is contiguous with or an integral part of the main building, and/or the accessory building, use or structure is engineered by a professional engineer to ensure the integrity of the existing (main building) foundation. 1. Such plans indicating the design for any such structure shall be submitted to the Building Inspector for review in connection with the issuance of a building permit; and 2. Setback distances for in- ground or aboveground pools, spas, hot tubs and saunas shall be measured to the outside edge of the beam (structural edge) of the pool, spa, etc. H. Detached equipment and appliances in commercial and manufacturing districts shall be located immediately adjacent to the principal building. I. Detached accessory buildings, uses or structures in commercial and manufacturing districts shall be constructed of the same exterior materials as required in Article 9, Site Design Standards, and shall not be located in a manner that decreases the minimum number of parking spaces required. J. Accessory buildings, uses or structures located in commercial and manufacturing districts shall be located at the rear of the principal building and property and shall not occupy designated parking spaces. K. Automatic teller machine (ATM) drive -thru structures are not authorized unless the associated bank occupies a space on the same property and has a valid Certificate of Occupancy. L. Accessory buildings, uses, and structures shall conform to applicable provisions of city adopted codes to include residential building code, commercial building code, and fire code. Informational only 11 -A 0111 M4 Lei I L'U4I I a U 10ILTA [o7 71►`I 111101 City Council Meeting: November 13 2018 Department: City Manager Subject: Update on major projects in progress Background This is the monthly update on large capital projects that are in progress or in the planning process. This update is being provided so Council will be up to date on the progress of these large projects. If Council desires this information to be presented in a different way or desires more information on any project or on projects not on this list, please reach out to staff and that information will be provided if possible. Parks and Recreation: 1. Community Playscape Restroom: The Playscape restroom pad is complete and the building delivery is scheduled for December 21, 2018. The project is expected to be complete by mid - January depending on weather. Drainage Projects: 1. East Dietz Creek Desilting: Due to the significant rains that continued throughout October, progress on the project continues to be limited. C -3 Environmental continues to cut final grades on the Dietz Road end of the project. Trucking operations to remove export material have not occurred to this point in the project due to the rainfall making the channel impassable to wheeled vehicles. 2. Drainage Maintenance Projects (Concrete Rip -Rap Projects): Since the September 4th City Council meeting when Council approved the rejection of the two bids received for the project, the Engineering and Public Works Departments have continued to work with the design engineer to identify the best strategy to re- advertise the project in a way to encourage more favorable responses. 3. Cameron River Drainage Box: Industrial Construction was selected to complete the project and began work on October 1st. The new headwalls and elevated sidewalk were poured in October. The bollards and handrail will be installed in the first few weeks of November and the project will be complete. Facilities Protects: Recreation Center /YMCA Restrooms: Construction is proceeding well and project competition is scheduled for the end of this month. Plumbing, Electric and Air Conditioning are at 95 %. Ceramic Tile, Paint and Counter Tops are also very near complete at 95 %. Toilet partitions, Accessories, and Final inspections will be happening in the next 2 weeks. Ceiling tile and carpet will be done right before the pre -punch review and walk thru before turnover to the YMCA. 2. Fire Station 3: The Site is cleared and grubbed. The building pad has been excavated to nine feet and select fill is being placed, weather permitting. Temporary electric and a construction office will be placed on site soon. The design team is working on a plan to detain storm water runoff on site. The electric service and utility service plans are finalized. Ground breaking is scheduled for November 15, 2018. Current substantial completion date is August 2019. Enineerin Protects: 2018 Street Preservation and Maintenance /Rehabilitation Project: LAN is making final changes to the 100% plans for the Randolph Avenue chip seal; the Northcliffe mill and overlay; the Greenfield Village Subdivision chip seal; and the Curtiss Ave chip seal. Based on City Staff review comments, LAN has begun work on the 100% reconstruction plans for Randolph Avenue and Tri- County Parkway. City Staff has reviewed the 70% plans for the Lindberg reconstruction. The project team met with TxDOT on November Pt to discuss how the Tri- County Parkway and Lindberg projects coordinate with their right - of -way. It is anticipated that the project will go out to bid in the fall of 2018. 2. Corbett Elevated Water Storage Tank: The preliminary plat for the tank site has been approved. The final plat and site plan are scheduled to be approved in November. City Staff continues working with the final two property owners along Schaefer Road to obtain waterline easements in order to relocate the existing waterline in Schaefer Road. The Request for Proposal (RFP) for the project was advertised on October 9th and will close on November 30th. City Staff expects to award the project in January with a notice to proceed to follow. 3. Woman Hollering Creek Wastewater Interceptor Main and Lift Station: CobbFendley continues to work on making the final plan revisions. City Staff and CobbFendley continue to negotiate with property owners to acquire necessary easements for the project. Four easements have been signed and recorded for the project. CobbFendley is working to complete the City's platting and site plan process for the lift station site. It is anticipated that bidding for the project will take place in the fall or winter of 2018. 4. Pedestrian Routes and Bike Lanes Project: Ford Engineering continues to work on the 90% design documents, including implementing several value engineering options. Partial environmental clearances for the project were given by TxDOT in September. City Council approved the purchase of property from LCRA for the hike and bike trail. TxDOT currently has the project scheduled to let in April of 2019. . 5. FM 1103 Bridge Project: No change from October report: Construction continues with the successful demolition of the old bridge structure. As new bridge structural elements are added, lane closures will continue as necessary. TxDOT and its contractors keep City Staff informed of detours and closures so that the City can assist in disseminating the information to the public in a timely fashion. The currently anticipated completion date is June 2019. 6. FM 1103 Improvement Project: No change from October report: Utility relocations are underway (including electric, communications, gas, water, and wastewater). Schertz Public Works is working to acquire easements necessary to relocate some water and wastewater lines that conflict with the planned roadway and drainage improvements. The $2 million contribution to the project committed by the City of Schertz has been paid in full to TxDOT. The target let date for a construction contract is October 2019. . 7. FM 1518 Improvement Project: TxDOT has begun the process of acquiring property needed for the expansion project. Parcels are being appraised at this time to determine initial offers. Approximately 1.40 parcels are affected by right of way needs, including 850 square feet of land owned by the City of Schertz (across the front of the existing Sedona Lift Station). TxDOT is also continuing to work on a value - engineering phase of the project. Construction is currently expected to begin in 2022. As projects are completed, they will be removed from the document moving forward. Again, please advise if we can provide more, different or better information in this report. 0111 MOL11"LlusI ady 1 DIU [o7 710 QUUV City Council Meeting: November 13, 2018 Department: Subject: Information Only 11 B City Manager's Office Revised 2018 Master Calendar Each year staff drafts a Master Calendar that serves as a planning tool for the upcoming year. Council approved the 2018 . Master Calendar at the November 14, 2017 Council meeting. Since the approval, the following changes have been made to the Master Calendar: • Correction of Special Session City Council Meeting from Monday, November 19 to Tuesday, November 20 • Approve a Resolution which canvasses the returns and declares the results of the November 6, 2018 . General Election • Administer the Oath of Office to newly elected officer(s) • Correction of December 18 Council Meeting — removal of meeting from calendar. This is not a regularly scheduled meeting date. ATTACHMENTS Revised 2018 Master Calendar City of Schertz Master Calendar 2018 2 Texas Independence Day 3 Wilenchik Walk for Life 11 Daylight Savings Begins 12 -16 SCUCISD Spring Break 17 St. Patrick's Day 17 Concert in the Park 20 Employee Remembrance Day 20 Spring Begins 25 Palm Sunday 30 Mar. - 7 Apr. Passover 30 Good Friday MARCH M T' W T F S '<2 t{ i�, 2 : 3:: i1 � 7�+ 4 :+ 8,�.i`. 6 7 ..8 g 10 11 12 93 1) ', P &Z Comm JANUARY FEBRUARY ) {W S M T W T F S S M T W T F S 8 Trail Rider Lunch 1 New Years Day (office closed)y}( 17 I;, 6��, 23 2 3 14 Valentines Day 15 MILK Holiday (office closed) 7 ' 3 «° s' 11 1z 13 4 6 s 9 10 14 Ash Wednesday 14 15 16 tr, 18 19 20 11 12 13 ) a 15 ! 16 17 16 Chinese New Year (Year of the Dog) 21 i 22 i' 2a 2s 27 18 1 20 ) „�1�i {3t 23 24 19 Presidents Day Holiday (office closed) 28 29 30 31 25 2, ' 2 24 Selma - Schertz 5K Run 2 Texas Independence Day 3 Wilenchik Walk for Life 11 Daylight Savings Begins 12 -16 SCUCISD Spring Break 17 St. Patrick's Day 17 Concert in the Park 20 Employee Remembrance Day 20 Spring Begins 25 Palm Sunday 30 Mar. - 7 Apr. Passover 30 Good Friday MARCH M T' W T F S '<2 t{ i�, 2 : 3:: i1 � 7�+ 4 :+ 8,�.i`. 6 7 ..8 g 10 11 12 93 1) ', 1 Easter 8 Movin on Main 19 Community Volunteer Fair 21 Community Shred Day 21 Movie in the Park 19 -29 Fiesta Weeks 25 Administrative Professionals' Day MAY JUNE 3 Schertz Sweetheart Coronation S -MT W T F S 'f S M T W T F S !' 9 Movie in the Park 5 Concert in the Park 1 2 1M 4 5 1 2 14 Flag Day 13 Mother's Day 6 �z �t' 8 10 11 12 3, 5 6 8 9 17 Father's Day 15 May - 14 June Ramadan 13 14 15 its t 17 18 19 10 11 12 14 15 16 21 Summer Begins 19 Armed Forces Day 20 2'{(.','. 2z „1£� # #i; 25 26 17 18 19` 21 22 23 28 Memorial Day Holiday (office closed) 27 2 30 31 2a 2,�1 ) ` w6'rt�� 2s 30 4 Independence Day (office closed) 21 Movie in the Park 3 Labor Day Holiday (office closed) 9 -11 Rosh Hashanah 11 Patriot Day 15 SchertzQ 18 -19 Yom Kippur 19 -23 Comal County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCCISD Holidays aro in red S M s T W T F Ss' 1 ,tz,i: 3 4, 5 8 ' _,' 7 PfJX 9 10 11 12 13 14 15 16 17 18 19 20 21 t�ttt`kr,r 24 25 26 27 28 29 30 ( 31 NOVEMBER�� S: M T, W ..........T F S 2 3 4 ;r- 6 8 9 10 11 12 13 1� �� ' 1 ,,, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Council Meeting Council on the Go Meeting/Retreat/Special City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz,com for updated information * ** Revised 11.13.18 4 Movie in the Park 2 Texas National Night Out 8 Columbus Day Holiday (office closed) 9 -12 Annual TML Conf. - Ft. Worth 11 -14 Guadalupe County Fair 16 Boss's Day 27 Trunk or Treat 31 Halloween 1 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 21 Winter Begins 25 Christmas Day (office closed Dec. 24 & 25) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve (office closed) P &Z Comm ) {W Trans Safety Adv Comm Library Adv Bd =`t 15 I6 17 18' 19 20 23 24 CVLGC 1 Easter 8 Movin on Main 19 Community Volunteer Fair 21 Community Shred Day 21 Movie in the Park 19 -29 Fiesta Weeks 25 Administrative Professionals' Day MAY JUNE 3 Schertz Sweetheart Coronation S -MT W T F S 'f S M T W T F S !' 9 Movie in the Park 5 Concert in the Park 1 2 1M 4 5 1 2 14 Flag Day 13 Mother's Day 6 �z �t' 8 10 11 12 3, 5 6 8 9 17 Father's Day 15 May - 14 June Ramadan 13 14 15 its t 17 18 19 10 11 12 14 15 16 21 Summer Begins 19 Armed Forces Day 20 2'{(.','. 2z „1£� # #i; 25 26 17 18 19` 21 22 23 28 Memorial Day Holiday (office closed) 27 2 30 31 2a 2,�1 ) ` w6'rt�� 2s 30 4 Independence Day (office closed) 21 Movie in the Park 3 Labor Day Holiday (office closed) 9 -11 Rosh Hashanah 11 Patriot Day 15 SchertzQ 18 -19 Yom Kippur 19 -23 Comal County Fair 22 Autumn Begins 2 Hal Baldwin Golf Tournament 2 Movie in the Park 4 Daylight Savings Time Ends 6 Election Day 11 Veterans Day (office closed Nov. 12) 22 Thanksgiving (offices closed Nov. 22 & 23) SCCISD Holidays aro in red S M s T W T F Ss' 1 ,tz,i: 3 4, 5 8 ' _,' 7 PfJX 9 10 11 12 13 14 15 16 17 18 19 20 21 t�ttt`kr,r 24 25 26 27 28 29 30 ( 31 NOVEMBER�� S: M T, W ..........T F S 2 3 4 ;r- 6 8 9 10 11 12 13 1� �� ' 1 ,,, 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Council Meeting Council on the Go Meeting/Retreat/Special City Holidays (office closed) SSLGC Animal Services Advisory Committee ** *Dates are subject to change. Check www.schertz,com for updated information * ** Revised 11.13.18 4 Movie in the Park 2 Texas National Night Out 8 Columbus Day Holiday (office closed) 9 -12 Annual TML Conf. - Ft. Worth 11 -14 Guadalupe County Fair 16 Boss's Day 27 Trunk or Treat 31 Halloween 1 Festival of Angels 2 -10 Hanukkah 8 Movie in the Park 21 Winter Begins 25 Christmas Day (office closed Dec. 24 & 25) 26 Dec. -1 Jan. Kwanzaa 31 New Years Eve (office closed) P &Z Comm ) {W Trans Safety Adv Comm Library Adv Bd =`t Board of Adjustments ) Econ Dev Corp Parks & Recreation Adv Board `• CVLGC Historical Preservation Comm TIRZ Board f Committee of Committees Advisory Board Agenda No. 11C WRITTEN UPDATE City Council Meeting: November 13, 2018 Department: Subject: Human Resources Revision to Employee Separation Policy City Council approved the Employee Separation Policy on July 24, 2018, which allowed the City to specify the use of leave after employees provide notice of their intention to separate from the City. There was some ambiguity in the language regarding the use of sick leave after notice of resignation or retirement, and Staff believes that it did not accurately represent the intent at the time of approval. Under the section titled `Use of Leave After Notice,' it read, "Only compensatory time and vacation may be used to cover employee absences after notice," which does not permit employees to use any sick leave after providing notice. The intention of this section was to prohibit employees from extending the length of their employment by utilizing sick leave, but not to altogether prohibit sick leave after notice. The policy has been revised to read "Only compensatory time and vacation may be used to extend employment." This modification has removed any ambiguity. Redlined revisions are included below for your reference. Ust of Leave Afier Notice Agenda No. 11 D CITY COUNCIL MEMORANDUM City Council Meeting: November 13, 2018 Department: Finance Subject: UPDATE OF REFUNDING RESULTS PERTAINING TO THE SALE OF SCHERTZISEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE REFUNDING BONDS, SERIES 2018 REFUNDING THE CORPORATION'S CONTRACT REVENUE BONDS, SERIES 2010 FOR DEBT SERVICE SAVINGS BACKGROUND: The Council was briefed on a refunding for savings opportunity available to the Corporation on August 7' by its financial advisor, SAMCO Capital. Markets and the Council adopted a Resolution authorizing the sale of Refunding Bonds on September 25, 2018 so long as the refunding met certain thresholds including but not limited to generating 3% debt service savings. Hilltop Securities, the Corporation's lead underwriter, priced the Refunding Bonds on Thursday, November 1, 2018 and the Corporation's designated pricing officer approved the sale at 6:OOPM that evening. FISCAL IMPACT When SAMCO last briefed the City Council on September 25`" it was expected that the refunding would generate gross savings to the City of Schertz of approximately $525,000 based on then - current market conditions. SAMCO is pleased to report that the gross savings exceeded expectation and generated $1,483,545 in savings (or $67,434 per year for 22 years). The City of Schertz, as a 50 -50 partner with the City of Seguin, will receive $712,253 (or $32,375 per year for 22 years) of the savings. RECOMMENDATION This is an informational item only and no recommendation or action is required. ATTACHMENT(S) Summary of Refunding Results . .. r'.t�,,,.,a �,,. �rVt? r 3`. * IRZ F7Z 2020 -2041 2/1/2019 SS(C]HIlL COMMUNITY* SERVICE* OPPORTUNITY 09/30/2021 1 1,389,163 1 1,323,800 6 65,363 3 32,681 09/30/2022 1 1,391,263 1 1,326,825 6 64,438 3 32,219 09/30/2023 1 1,392,363 1 1,328,600 6 63,763 3 31,881 ° 09/30/2024 1 1,387,563 1 1,323,475 6 64,088 3 32,044 P Par Amount of Refunded Bonds $ $ 19,250,000 $ 19,250 09/30/2025 1 1,391,763 1 1,326,850 6 64,913 3 32,456 R Refunding ParAmount $ $ 18,080,000 $ 19,045 09/30/2026 1 1,389,434 1 1,323,600 6 65,834 3 32,917 A Average Coupon of Refunded Bonds; 4 4.88% 4 09/30/2027 1 1,390,113 1 1,323,725 6 66,388 3 33,194 T True Interest Cost of Refunding Bonds 3 3.95% 3 09/30/2028 1 1,389,088 1 1,326,975 6 62,113 3 31,056 G Gross Savings $ $ 1,053,956 $ 1,424 09/30/2029 1 1,391,681 1 1,328,225 6 63,456 3 31,728 � Gross Savings to City of Schertz $ $ 526,978 $ 712 1,391,769 1 1,327,475 6 64,294 3 32,147 " ""09/30/2030 1