The URL can be used to link to this page

03-12-2019 Agenda with backupIMEETINGaGENDAE City ]CouncilE REGULARISESSIONICITYWOUNCILE MarchH2,12019E E HALI BALDWIN BIUNICIPAL>COMPLEXICOUNCILW HAMBERSIE 1400 1SCHERTZIPARKWAY]BUILDINGI44IE I SCHERTZ,II'EXASE8154E E es DoXhefthtthingE DoEhelbestFjouEanE K th 1, K E E Openin2H' rayerEa ndH' led2eslbf[A11ei!ianceRoRheWl aglbfRheSJnited ]StatesltkndIStatelbfE Texas.XCouncilmemberiBrown)E E PresentationE E City>EventslfindRnnouncementsE E • Announcements of upcoming City Events (B. James /S. Gonzalez)E • Announcements and recognitions by the City Manager (M. Browne)E • Announcements and recognitions by the Mayor (M. Carpenter) HearinidbflResidentsE This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a. future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent aundaRtemsE 3 -12 -2019 Council Agenda The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of March 5, 2019. (B. Dennis) 2. OrdinanceE'4o.H9- T -09E- Consideration and/or action approving an Ordinance of the City Council of City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final ReadingE(B. James /J. Walters /M. Clauser) 3. ResolutionENoX19 -R -29 — Consideration and /or action approving a Resolution adopting the Guadalupe County Election System and Software; Express Vote Universal Voting System for Early Voting in person, Early Voting by Mail, Election Day Voting and Provisional Ballots in all future elections held in Guadalupe County. (B. Dennis /L. Hayes) 4. ResolutionENo .E19- R- 20&EConsideration and/or action approving a Resolution authorizing the City Manager to enter into a contract with Datavox for the replacement of the phone system including handsets and training. (B. James /M. Clauser) E DiscussionlAndactionEtemsE 5. OrdinanceENoX19- S -10E— EConduct a public hearing and consideration and/or action approving an Ordinance onflilRequest to rezone approximately 2.5 acres of PH land from Pre - Development District (PRE) and General Business District (GB) to General Business District (GB), located at 6485 IH -35, City of Schertz, Comal County, Texas.lEirst Reading ](B. James /L. Wood/N. Koplyay) E 6. OrdinanceENoX19- S -11E— EConduct a public hearing and consideration and/or PH action approving an Ordinance on a request for a Specific Use Permit to allow an Automobile Repair, Major land use on approximately 2.5 acres of land, located at 6485 I14-35, City of Schertz, Comal County, Texas. FFirst Reading (B. James /L. Wood/N. Koplyay)E E 7. ResolutionENoX19 -R -30 — Consideration and/or action approving a Resolution supporting Senate Bill 2 (S132) and House Bill 2 (H132), companion bills of the 86th Texas Legislature relating to ad valorem taxation. (Item requested by Councilmember Larson) E RollICallWotelConfirmationE E E E E 3 -12 -2019 City Council Agenda Page - 2 - E Closed ]SessionE E 8. City Council will meet in closed session under Section 551.071 of the Texas Government Code, for consultation with the City Attorney, to receive legal advice regarding a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code, to include the following matters: a. Annexation b. Texas Open Meetings Act 9. City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect. • Project E -051 E ReconveneEntol Re2ularlSessionE E 8a. Take any action based on discussions held in closed session under Agenda Item 8. E 9a. Take any action based on discussions held in closed session under Agenda Item 9. E RollICa118VoteIConfirmationE E Rea uestskindRnnouncementsE IN, • Announcements by the 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 3 -12 -2019 City Council Agenda Page - 3 - 10. Information available in City Council Packets - NOWISCUSSIONII'OIDCCURE • City of Schertz Economic Development Corporation AdjournmentlE 2018 Tax Year reimbursement per the Development Agreement with Capital Group Companies, Inc.O M 2018 Tax Year reimbursement per the Development Agreement with Caterpillar, Inc. Schertz 312 LLC Economic Development Performance Agreement Amendment No. 1. CERTIFICATIONE 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 :BUL:LETIN BOARDS ON THIS THE 8th DAY OF MARCH 2019 AT 1.1:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. -R,R..ENTUA D1✓NN15 Brenda Dennis, City Secreta IICERTIFYECHATECHEFATTACHEDINOTICEFANDFAGENDAIDFHTEMSECOI ±BEE CONSIDEREDFBYETHEECITYECOUNCILLWAStREMOVEDFBYFMEF ROMETHEE OFFICIALIBULLETINIBOARDIDNE DAYIDFE ,12019.WITLE:E 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. TheECityECouncilFforRheECityFnfFSchertzFreservesHheBrightEtoFadjournF3ntoEelosedE session] At] AnyEimelduringltheRourselbfUhisllineetingRoIdiscussEnyh3flthehnatters ]EstedE above,] BsHuthorizedlbythegexasK)peniMeetingsact .E ClosedESessionsFAuthorized: FffhisFagenda]FhaslbeenE reviewedFandFapproved] byRheE City' slegaiRounsel] AndKheI3resenceh3flAnyEubjectInEnylClosed ]Sessionl3ortionh3fRheE agendaRonstitutes] AhvrittenllnterpretationlbfiTexasiGovernmentlUodeIChapterl55l1byE legalRounselB; orIlhelgovernmentallbodybndkonstitutesiAnIbpinionibyllhe ]AttorneyllhatE theRtemsldiscussedEhereinEnaylbel[LegallyldiscussedhnEheElosedlportionldfHheRneetingE consideringl&vailablel+ bpinionsl3fbI eourtlbf][t ecordl&ndlhpinionsl &fllheErexastAttorneyE Gen erallknownEollhelbttorney. RThisIorovisionib asibeen ]AddedEoEhisIhgendaIlvithEheE intentEtoEmeetEallEelementsEnecessaryEtoEsatisfyETexasEGovernmentECodeEChapterE 551. 144( c) DndEheRneetingTisEonductedib yblliparticipants ][EnkelianceldnEhislbpinion.E 3 -12 -2019 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS MayorlCarpenter Councilmember lSacal!liolal,R'Iace13E Main Street Committee Interview Committee for Boards and Commissions - Alternate Hal Baldwin Scholarship Committee Schertz - Seguin Local Government Corporation Cibolo Valley Local Government Corporation - AlternateE CouncilmemberIDavis— WlaceR CouncilmemberiGutierrezKIPlaceR Audit Committee Audit Committee Schertz Housing Authority Board Investment Advisory Committee Interview Committee for Boards and Interview Committee for Boards and Commissions Commissions Main Street Committee — Chair TIRZ II Board CouncilmemberR3 arsonKlPlaceBE Councilmember]EdwardsK]PlaceNE Main Street Committee — Vice Chair Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Main Street Committee CouncilmemberffleywardKlPlace>$E CouncilmemberB3rownK]PlaceRE Schertz Animal Services Advisory Commission Audit Committee Investment Advisory Committee Schertz - Seguin Local Government Corporation - Alternate 3 -12 -2019 City Council Agenda Page - 5 - Agenda No. I [a 111001"kus 10051 D1►/ [1]7_101111101 I City Council Meeting: March 12, 2019 Department: Subject: BACKGROUND City Secretary Minutes The City Council held a Regular City Council meeting on March 5, 2019. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of March 5, 2019. ATTACHMENTS Minutes of the regular meeting of March 5, 2019. MINUTES REGULAR MEETING March 5, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 5, 2019, 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 David Scagliola Staff Present: Assistant City Manager Brian James City Secretary Brenda Dennis Mayor Carpenter called the regular Texas. (Mayor Pro -Tem Mayor Pro -Tem the Flags of the Mayor Carpenter ackn( Communications Merit • Presentation of the Shrum Mayor Pro -Tern Allion Heyward Edwards Dr. Mark Br' Daniel Santee cretary Gayle at 6:00 p.m. opening prayer followed by the Pledges of Allegiance to of Texas. of Lance Pohle with Troop 51who is working on a Recreation and Parks Society (Traps) Award. (B. James /L. Director of Parks, Recreation & Community Services L. Shrum gave an overview of her trip to El Paso fcir the Texas Recreation and Parks Society Annual Institute where they were awarded the Maintenance Achievement Award for the trailer stage conversion. Mayor Carpenter presented the award to Jared Montney, Steven Wielgosh, Israel Segura, Robert Dobratz, and Todd King. • Presentation of the Selma/Schertz Salute to Service Members 5K Run/Walk/Roll sponsorship plaque. (Councilmember Gutierrez) 03 -05 -2019 Minutes Page - 1 - Councilmember Gutierrez presented the sponsorship plaque to Mayor Carpenter. Mayor Carpenter noted this was the ninth year for this event. Crouncilmember Edwards arrived at the City Council meeting at 6:10. New Employee Recognition • EMS: Thomas McSherry - Paramedic, Toby Green, Conner Wilkerson, Leslie Baldwin - EMS - Billing Clerk • Fire: Crittenden Kennedy, Erik Surian - Firefighters • Police: Melissa Fleck —Police Records Specialist, Christo -ph6 Reynosa — Police Officer Officer, Michael Barlow — Police Cadet, Gary Medina - Communications Officer • Parks & Recreation: Roy "Todd" King -Park worker, I • Library: DeZion Hartman - PT Circulation Clerk The various city department supervisors provided a brief bio on each of their new staff members and introduced them to Council, solrte isted,wore not present. Mayor /Council welcomed all the new employees to the City of Schertz te'am. City Events and Announcements • Announcements of upcoming City Events Wednesday,; Schertz No The City of Now and Th growth of S public. MOM IIIIJ 3 9 1 E N 11 ve. March 9 -1.1. Service to Schertz Residents call Republic Services at 210- 304 -2787 or Schertz Public Works n:.An Evening of Heritage & History 6:00 pm, Schertz Public Library. z and the Crossvine are proud to announce the completion of Schertz Oral History, a 25- minute documentary chronicling the rich history and from its founding to current day. This event is free and open to the For more information about Schertz Now and Then: An Oral History and the official unveiling event at the Schertz Public Library on Wednesday, March 6th, please visit Schertz.com or follow the City of Schertz on Facebook. 03 -05 -2019 Minutes Page - 2 - Saturday, March 9 Nature Discovery Series - Discover Rocks 10:00 am Crescent Bend Nature Park Tuesday, March 12th City Council Meeting 6:00 pm, Council Chambers. • Announcements and recognitions by the City Manager (M. None at this time. • Announcements and recognitions by the Mayor (M. None at this time. Hearin! of Residents Mayor Carpenter gave an opportunity for residents to be Mayor Carpenter asked or, ten- minute recess from Council for all to partake in his birthday cake at 6:28. Mayor Carpenter reconvened the meeting at • Discus §:ion regarding the Class & Compensation Study. (B. James /J. Kurz) Human Resources & Purchasing Director J. Kurz gave an update on the Class and Compensation °Stay with a plan and recommendations moving forward. Councilmembers discussed doing a total comparison to include compensation and benefits. Management and staff addressed questions from Council. • Discussion and possible action regarding the City Council Code of Ethics. (Requested by Mayor Carpenter.) Mayor Carpenter discussed considering adopting an Ethics Review Board. He referenced Live Oak and San. Antonio, Texas as examples and asked City's Lawyer Mr. Daniel Santee 03 -05 -2019 Minutes Page - 3 - to e -mail copies of their ordinances in reference to Ethics Review Boards for Council's review. Consent Agenda Items Mayor Carpenter read the following consent agenda items: The following was read into A RESOLUTI( TEXAS AUTHI AN INCRE. $95,000.00 I CONNECTION The folio iriv, was 17 9f.YQ 1t/11 [t7 BY THE CITY COUNCIL "OF THE CITY OF SCHERTZ, ZING PURCHASES WITH CDW OF UP TO $130,000.00, FROM THE PREVIOUSLY APPROVED AMOUNT OF ,ATEI3 HARDWARE AND OTHER MATTERS IN onsideration and/or action approving a Resolution Bess of $50,000 with T.F. Harper & Associates, a iwe Vendor and authorizing a purchase of $104,083 Project. (B. James L. Shrum) record: RESOLUTION NO. 19 -R -28 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES IN EXCESS OF $50,000 WITH T.F. HARPER & ASSOCIATES A BUYBOARD PURCHASING COOPERATIVE VENDOR, AND AUTHORIZING A PURCHASE TOTALING $104,083 FOR THE ASHLEY PARK RENOVATION RROJECT Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Gutierrez to approve the consent agenda items l through 3. The vote was 03 -05 -2019 Minutes Page - 4 - unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion passed. Discussion and Action Items 4. Ordinance No. 19 -T -09 — Consideration and /or action approving an Ordinance of the City Council of City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (B. James /J. Walters /M. Clauser) ORDINANCE NO. 19 -T Mayor Carpenter recognized Councilmember, Davis . who moved seconded by Councilmember Edwards to approve Ordinance 194' - X09 first reading. The vote was unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Larson, Edwards, Scaglioia and Brown voting yes and no one voting no. Motion passed. Mayor Carpenter re votes f6r;items 1 - 4. lam" Deputy, City Secretary Gayle Wilkinson who provided the roll call by the City Manager. Thursday, March 7 EVO Entertainment Ribbon Cutting 5:30 -6:00 pm 186581 -35, Schertz After the celebration, enjoy a night out at the movies! Reserve your movie tickets online for the Schertz location as doors will open to the public at 6pm. https://www.evo- entertainment.com/ Reserved seating only. 03 -05 -2019 Minutes Page - 5 - • Requests by Pro -Tem Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Larson proposed an item to discuss passing a Resolution in favor of Property Tax Reform. Councilmember Davis asked for a presentation from staff on the UDC and their interpretation of problem areas and possible future joint meetings with Planning and Zoning and Economic Development. Mayor Carpenter recommended setting exploring /discussing challenge in the UDC. Councilmember Scagliola would like to discuss projects needed. • Announcements by Mayor and C City and community even City Council Committee Continuing education eve Recognition of actions by Recognition of actions by Mayor Pro -T Councilmemb attended and to i Liaison Assi2 overview workshop fete drainage assignments below) flowing events: he attended the following events: se promotions ceremony. fund raiser at Cain's. ony for Sandy Bryant. afk/Run. announced he attended the following events: • Firefighter inhouse promotions ceremony. • Retirement ceremony for Sandy Bryant. • Homes for Pets fundraiser. • The Wilenchik Walk/Run. • City's Spring Cleanup. Councilmember Brown announced he attended the following events: 03 -05 -2019 Minutes page - 6 - • The Wilenchik Walk/Run. Mayor Carpenter thanked Mayor Pro -Tem Heyward for covering the last two City Council meetings in his absence. 5. Information available in City Council Packets - NO DISCUSSION TO OCCUR Update regarding large projects /CIP. (B. James /J. Harshman /K.- Wciodlee) Adiournment As there was no further business, Mayor Carpenter adjourned the,meeting O 7:32 p.m. Carpenter ATTEST: Gayle Wilkinson, Deputy City Secretary 03 -05 -2019 Minutes Page - 7 - Agenda No. 2 CITYEOUNCILBIEMORANDUME City ]CouncilB✓Ieeting:E E E E MarchR2,R019E Department:EE E E E E CityR✓Ianagement/FinanceE I Subject:E OrdinanceF To.H9 -T -09E An ordinance of the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date; Final readingE BACKGROUNDE With Ordinance 18 -T -32 the City Council of the City of Schertz approved the annual budget for FY 2018 -19. Staff is proposing to amend the budget to appropriate excess funds from the Reserve Fund for the Phone System Replacement project. The City has set aside $110,000 for this project to date. Staff had estimated the project to cost $300,000 and it has come in just under that at $285,000. With this Ordinance, staff is proposing to move excess funds, above the 26% to be maintained per policy, to move forward with this project - $1.75,000. The City's current 3Com / Hewlett Packard phone system was last upgraded in 2012. At that time, due to limited resources, only the basic back -end hardware and software was replaced. Existing handsets and other related hardware were left in place. This upgrade was financed through a 5 -year lease /purchase agreement that ensured continued support for a system that was slated by the vendor for product elimination later that year. The lease agreement ended in 2017, as did the vendor's obligation to provide service and support. Replacement parts such as handsets and gateways are no longer available, and the local support team for the system has gone out of business. The new system will replace all backend servers, end user handsets, new headsets and portable phones to better serve our large facilities like the Library, and the Animal Adoption Center. Council approved this on first reading at their meeting of March 5, 2019. SummarylbflRecommendedactionE Approval of Ordinance 19 -T -09 approving the midyear budget adjustment. E I FISCALHMPACTE This ordinance will move $175,000 from the Reserve Fund to this project. Revenues above the projected amounts, primarily from sales tax and permit revenue and lower end of year expenses from vacancies resulted in the Reserve Fund being above the policy mandated requirement of 26 %. RECOMMENDATIONE Approval of Final reading Ordinance No. 19 -T -09 ATTACHMENTE Ordinance No. 1.9 -T -09 E E MAMN !01 16 I ' ANEORDINANCEEBYET HEECITYECOUNCILEOFETHEECITYEOFESCHERTZ ,E TEXASE AUTHORIZINGE ANE ADJUSTMENTS TOE THEE FISCALE YEARE 2018 -19E BUDGET,E REPEALINGEALLE ORDINANCESE ORE PARTSE OFE ORDINANCESE INE CONFLICTBVITHff HISK)RDINANCE ;EANDIPROVIDINGUNIEFFECTIVEIDATEE WHEREAS, pursuant to Ordinance 18 -T -32, the City of Schertz (the "City") adopted the budget for the City for the fiscal year 2018 -2019 (the "Budge ), which provides funding for the City's operations throughout the 2018 -2019 fiscal year; and WHEREAS, the City needs to appropriate $175,000.00 to complete the phone system replacement project; and WHEREAS, the City's Reserve Fund is above the policy mandated 26 %, and WHEREAS, City staff recommends that the City Council of the City adjust the Budget and approve the ordinance; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City to adjust the Budget and approve the appropriation for the phone system replacement project, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall appropriate $1.75,000.00 from the Reserve Fund for the phone system replacement project. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 5th day of March 2019. PASSED, APPROVED and ADOPTED ON SECOND READING, the 12th day of March 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50558021.1 - 2 - Agenda No. 3 IJ Ca I Ik1d; K0UON[ai11-�310 4 04 [o] 711`11111/ 1�1 E E CityEouncilfl✓Ieeting:E E E E E Department:EE E E E E E Subject:E E BACKGROUND Marchfl2,12019E CitylSecretaryE ResolutionE No.E 19 -R -29E —E ResolutionE adopting HheIGuadalupelCountyIElectionE SystemE andE Software;E ExpressE VoteE UniversallVotingi $ystemlforWarlylVotingE inlperson ,lEarlyB7otinglbyBIail,lElectionE Day& oting &ndlProvisionallBallotsflnEillE futureE electionsE heldE inE GuadalupeE County.E In an effort to achieve the ongoing goal of meeting the voting needs of the residents of Guadalupe County, Guadalupe County determined the need to purchase a new electronic voting system. On January 22, 2019 the Guadalupe County Commissioners Court voted unanimously to award the Bid 18 -3659 for the new Electronic Voting System to Election System & Software (ES &S) upon approval of the contract by the Texas Secretary of State. The County adopted this system on February 12, 2019 in Commissioners Court. (Resolution also attached) E The Texas Secretary of State has officially approved the contract between Guadalupe County and ES &S for the purchase of the Express Vote Universal Voting System. The Express Vote Universal Voting System consists of many components; i.e., the ExpressVote Ballot Marking Device, the DS200 precinct digital scanner and tabulator, the DS450 high speed central scanner and tabulator, the ExpressTouch DRE and Electionware election management software. The County has purchased the Express Vote Universal Voting System which is a "hybrid" system. It combines the touch screen voting experience with a paper ballot that prints out once the voter has reviewed the selections on the touch screen. The voter then deposits the paper ballot in a ballot scanner for counting. The ballot is retained in the scanner's ballot box. This paper ballot is what is actually counted and can be utilized later for recount or audit purposes, if necessary. The Texas Election Code (Section 123.001) requires that both the County and any entities that contract with the county for their elections adopt the new voting equipment prior to their first election using the system. The adoption action should include the following information: City Council Memorandum Page 2 1. Name of Vendor 2. Name of Voting System 3. Type of Equipment 4. What part of the election process it will be used for (early voting in person, early voting by mail, election day, and provisional ballots) 5. What elections will it be used for (all elections or just certain elections) Additionally, Guadalupe County is planning to hold a mock election in both the Seguin Elections office and Schertz Election Office this summer so that the voters can try out the new system. E FISCALSMPACT None at this time, but once the November 5, 2019 election is called, cost estimates for both Guadalupe and Bexar County will be submitted. Election costs are budgeted each year. RECOMMENDATION Staff recommends Council approve Resolution No Election System and Software. E ATTACHMENTSE E Resolution No. 19 -R -29 Guadalupe County Resolution 02122019 -6A Secretary of State Preliminary Statement Secretary of State approval letter E E E E E E E E I&E E 19 -R -29 adopting the Guadalupe County E E RESOLUTIONINO.I 9 -R -29E AERESOL UTIONEBYE rHEECITYECOUNCILEOFESCHERTZEADOPTINGETHEE GUADALUPEECOUNTYEELECTIONESYSTEMEANDESOFTWARE ;EEXPRESSE VOTEEUNIVERSALEVOTINGESYSTEMEFOREEARLYEVOTINGEINEPERSON ,E EARLYEVOTINGEBYEMAIL, EELECTIONEDAYEVOTINGFANDEPROVISIONALE BALLOTSE[ NFALLEFUTUREEELECTIONSEEIELDE [NEGUADALUPEECOUNTY,E ANDK)THERI MATTERSBNICONNECTIONUHERE WITHE WHEREAS, in an effort to achieve the ongoing goal of meeting the voting needs of the residents of Guadalupe County, Guadalupe County has determined the purchase of a new electronic voting system is necessary; and WHEREAS, on January 22, 2019 the Guadalupe County Commissioners Court voted unanimously to award the Bid 18 -3659 for the new Electronic Voting System to Election System & Software (ES &S) upon approval of the contract by the Texas Secretary of State; and WHEREAS, the Texas Secretary of State has officially approved the contract between Guadalupe County and ES &S for the purchase of the Express Vote Universal Voting System; and WHEREAS, the Express Vote Universal Voting System consists of many components; i.e., the ExpressVote Ballot Marking Device, the DS200 precinct digital scanner and tabulator, the DS450 high speed central scanner and tabulator, the ExpressTouch DRE and Electionware election management software. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: The City Council hereby authorizes the adoption of the Guadalupe County Election System & Software; Express Vote Universal Voting System for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Ballots in all future elections held in Guadalupe County Section 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 2. 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 3. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 4. 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 5. 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 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of March 2019 CITY OF SCHERTZ, TEXAS Mayor Michael R. Carpenter Brenda Dennis, City Secretary (CITY SEAL) COMMISSIONERS COURT § RESOLUTION NO. § 02122019-. to A- GUADALUPECOUNTY § To adopt the Election System & Software; Express Vote Universal Voting System for Early Voting in Person, Early Voting by Mail, Election Day Voting and Provisional Ballots in all future elections held in Guadalupe County WHEREAS, In an effbrt to achieve the ongoing goal of meeting the voting ute& of the residents of Guadalupe County; we've determined the purchase of a new electronic voting system is necessary; and -ITT' St On January ZZ, 2*19 the Guadalupe County Commissioners Cour-� voted unanimously to award the Bid 18-3659 for the new Electronic Voting System to Election System & Software CES&S) upon approval of the contract by the Texas Secretary of State-, and e Texas Secrefary o as otticially approved7ffFe contract between Guadalupe County and ES&S for the purchase of the Express Vote Universal Voting Systerri and NOW THEREFORE, be it resolved, that it is the intent of the Guadalupe County Commissioners Court to adopt the Express Vote Universal Voting IN72907JUNHILWIMMON1111 PASSED AND APPROVED on the 12th day of FEBRUARY 2019, by a vote of -�Layes and 0 nays. .4jS-e4q I-- Kyle Kutscher County Judge Attest: Teresa Kiel Elections Division P.O. Box 12060 ust n T xas January 24, 2019 Phone' 512-463-5650 Fax: 512-475-2811 TTY: 7-1-1 We are in receipt of a copy of the proposed contract between Guadalupe County and Election Systems & Software ("ES&S which you have submitted to the Secretary • State pursuant to Section 123.035 of the Texas Election Code. Pursuant to state law, this written approval of your voting system contract is required prior to your final execution of the contract, or it will be considered void. If you need additional information, please contact the Elections Division toll-free at 1 -800- 252 - 2216. MMMM Keith in Director 12M Elections Elections Division P.O. Box 12060 Austin, Texas 78711-2060 www.sos.texas.gov www.votetexas.gov Phone: 512-463-5650 Fax: 512-475-2811 Dial 7-1-1 For Relay Services (800) 252-VOTE (8683) k • September 5 and 6, 2018, Election Systems & Software (the "Vendor") presentedEVS 6.0.0.0 ExpressVote, and ExpressTouch for examination and certification. The examination was conducte in Austin, Texas. Pursuant to Sections 122.035(a) and (b) of the Texas Election Code, the Secret of State appointed the following examiners: L Ms, Elaine Kiang, an expert in electronic data communication systems; Tom Watson, an expert in electronic data communication systems; I Mr. Brandon Hurley, an expert in election law and procedure; and 4 Ms. a i Fick, r in election law and procedure. Pursuant to Section 122.035(a) ' the Texas Attorney General appointed the following examiners: 1 . Dr. Jim Sneeringer, an expert in electronic data communication systems John Ellis, Texas Attorney General's Employee. On September 6, 2018, the Vendor demonstrated the system, answered questions presented by the examiners, and test ballots were then processed on each voting device. The results were accumulated and later verified for accuracy by the Secretary of State staff. Each examiner was present at some point during the day. The EVS 6.0.0.0 Voting System (together with ExpressVote and ExpressT6uch) contains a new component and updated versions of some of the components of previous versions of EVS that the Secretary of State certified on December 16, 2016 and July 28, 2017 (which were updated on December 6 and October 26, 2017, respectively). The ExpressT6uch is a new component that has not been previously certified in Texas, EVS 6.0.0.0 (together with ExpressVote and ExpressTouch) has been evaluated at an accredited independent voting system testing laboratory for conformance to the 2005 Voluntary Voting System Guidelines (VV SG). It has received Elections Assistance Commission (AC) EVS6000 on July 2, 2018. The components of EVS 6.0.0.0 (together with the ExpressVote and ExpressTouch) are as follows: Component Version Description Express Touch 1.0.0.0 Accessible electronic vote capture and tabulation device D5200 2.17.0.0 Precinct Scanner and Tabulator D5450 3.1.0.0 Central Scanner and Tabulator DS850 3.1.0.0 Central Scanner and Tabulator HW 1.0 1.5.0.0 Accessible electronic ballot marker -ExPressVote ExpressVote HW 2.1 2.4.0.0 --Accessible electronic ballot arena recict anner Electionware 5.0.0.0 ataase system that allows jurisdictions to code, layout yaper ballots, and burn media. ES&S Event Log Service 1.6.0.0 Background function that monitors the functioning of Windows Event Viewer ExpressVote Previewer 1.5.0.0 Allows user to preview screen and layout and (1.0) audio for Kx pressVote ExpressVote Previewer 2.4.0.0 Allows user to preview screen and layout and audio for ExpressVote -election R M emovable edia Service 1.5.0.0 Supports installation and of and results media The following are the findings, based on written evidence submitted by the Vendor in support of its application for certification, oral evidence presented at the examination, and Texas voting system examiner reports. EVS 6 1 0 * 0.0 (together with ExpressVote and ExpressTouch) meets the standar s or certification prescribed by Section 122 * 001 • the Texas Election Code. Specifically, the EVS 6.0.0. ExpressVote, and ExpressTouch components, among other things. 1. The Vendor orally informed the examiners that ExpressVote HW 2A would not be used in tabulator mode. Thus, the tabulator function of the ExpressVote was not tested during the certification examination, and the ExpressVote cannot be used as a tabulator in Texas. f. E-poll books and the Express Vote XL component were not reviewed for certification, an accordingly, they are not included in the certification in this report. Accordingly, based upon the foregoing, I hereby certify the EVS •.0.0.0, ExpressVote, and ExpressTouch for use in elections in Texas, subject to the above conditions. �qiknod uoderiny ham and SO4of offi64 this 15W day of jqu�iAi* 8. k "W'ft P VINCENT R. HOUSTON INTERIM DEPUTY SECRETARY OF STATE I CityEouncilffleeting:E Department:E Subject:E BACKGROUNDE Agenda No. 4 Marchfl2,2019E InformationFrechnologyIE ResolutionE No.E 19 -R -20 - A Resolution by the Schertz City Council authorizing the City Manager to enter into a contract with Datavox for the replacement of the phone system including handsets and training, and other matters in connection therewith. The City's current 3Com / Hewlett Packard phone system was last upgraded in 2012. At that time, due to limited resources, only the basic back -end hardware and software was replaced. Existing handsets and other related hardware were left in place. This upgrade was financed through a 5 -year lease /purchase agreement that ensured continued support for a system that was slated by the vendor for product elimination later that year. The lease agreement ended in 2017, as did the vendor's obligation to provide service and support. Replacement parts such as handsets and gateways are no longer available, and the local support team for the system has gone out of business. In FY 2017/2018, the IT Dept. was charged with defining the requirements and identifying possible procurement methods for replacing this mission - critical technology. To that end, the IT Project Team brought together a team of subject matter experts from different City departments to represent the various stakeholders that would be affected by this new system. The project team worked closely with the Purchasing Dept. to identify possible vendors that are registered with various buy- boards. For this project he City prefers to use DIR and Buy Board resources to streamline procurement and take advantage of costs savings found in these state -wide contracts given that 5 companies were identified as potential vendors for the new system. These vendors represented the major manufacturers of VOIP (Voice Over IP) phone systems — Cisco, Mitel, Shoretel, Avaya and Teo. The selection process included in -depth demonstrations and Q &A sessions with the vendors, on -site visits, and reviews of areas the existing system failed to meet stakeholders' needs. The team members were tasked with taking this information back to their respective I departments with the assignment of reviewing the options and returning to the group with instructions, questions and concerns for each system reviewed. The team then provided feedback regarding which vendors were perceived to best meet their needs. The City received formal proposals from each vendor and these proposals were reviewed by the project team. Two vendors were eliminated due to high cost, and the remaining two were invited to review their proposals with the project team, answer questions and refine their proposals. During that interval, the team members were tasked with refining their hardware and software needs so that accurate counts would be available to the vendors. The review included various hardware options including types and models of handsets, softphones, hands -free and Bluetooth hardware, server requirements, etc. The FY 2018/2019 budget included funding for replacing the aging phone system at the City of Schertz. At that time, the estimate for replacing the system was placed at approx. $300,000, with an anticipated date for contract approval of January 2019. The new system will replace all backend servers, end user handsets, new headsets and portable phones to better serve our large facilities like the Library, and the Animal Adoption Center. The project team is recommending that the City execute an agreement with DataVox. COMMUNITY ]BENEFITE The new phone system will allow City staff to continue to provide quality customer service to the residents of Schertz as well as provide a stable reliable platform for growth. The new system includes a more sophisticated reporting system to allow staff to gather statistics, discover trends and assist with planning. This agreement also will ensure long -term support for service, parts and upgrades. FISCALUMPACTE The fiscal impact for the new Phone System will not exceed $285,000. •' AT ll i R OW110 IkVA I WIN 11 X 1�• i Staff recommends Council authorize the City Manager to negotiate, execute and deliver the contract with DataVox in an amount not to exceed $285,000 for the procurement, installation and training of a new phone system. ATTACHMENTSE Resolution 19 -R -20 E RESOLUTIONINO.N[ 9 -R -20E AE RESOLUTIONE BYE THEE CITYE COUNCILE OFE THEE E CITYE OFE SCHERTZFAUTHORIZINGEYHEICITYfMANAGERFYOIENTERHNTOFAE CONTRACTEWITHEDATAVOXEFORETHEEREPLACEMENTEOFETHEE PHONEE SYSTEMS INCLUDINGE HANDSETSE ANDE TRAINING,E ANDS OTHERI MATTERSBNCONNECTIONKHEREWITHE WHEREAS, the City solicited proposals from qualified DIR vendors for the replacement of the phone system, handsets and training in connection with; and WHEREAS, after analysis of the responses provided by five (5) vendors, City staff are confident that DataVox can provide the best service at the best value; and WHEREAS, the City Council has determined has recommended that it is in the best interest of the City to contract with DataVox, relating to the replacement of the phone system, including equipment, installation and training; and 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 contract with DataVox in an amount not to exceed $285,000 related to hardware, software, implementation and training of a new phone system. 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 I 2th day of March, 2019. CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50234811.1 E 50234811.1 A -1 Lei' 1 City Council Meeting: March 12, 2019 Department: Subject: BACKGROUND Agenda No. 5 Planning & Community Development Ordinance No. 19 -S -10 — Conduct a public hearing and consideration and /or action approving an Ordinance on a request to rezone approximately 2.5 acres of land from Pre - Development District (PRE) and General Business District (GB) to General Business District (GB), located at 6485 IH -35, City of Schertz, Comal County, Texas. (First Reading) The applicant is proposing to rezone approximately 2.5 acres of land from Pre - Development District (PRE) and General Business District (GB) to General Business District (GB). The subject area is located at 6485 IH -35 N. The subject property consists of an approximately 8,000 square foot building that was previously used as a tire commercial business (Tire and Wheel Connection) from 2012 to 2018. The public hearing notice was published in the San Antonio Express News on February 20, 2019. Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on January 31, 2019, in preparation of the Planning & Zoning Commission meeting that took place on February 13, 2019. At the time of this report, Staff has received two (2) responses in favor of the requested zone change. The following representatives were in attendance at the February 13, 2019 Planning & Zoning Commission Public Hearing: • Caroline McDonald, Brown & Ortiz, P.C., Authorized Agent • Chris Van Herdee, HMT Engineering & Surveying, Project Engineer City Council Memorandum Page 2 Goal The proposed rezone is for approximately 2.5 acres of land from Pre - Development District (PRE) and General Business District (GB) to General Business District (GB) in order to allow the property to be fully utilized as a commercial business. 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, through the Future Land Use Plan and the North Schertz Sector Plan, designates the subject property as Commercial Campus. The Commercial Campus land use area is intended to encourage the development of lower intensity commercial and office uses in the locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. • Comprehensive Plan Goals and Objectives: The proposed rezone is generally in conformance with the goals and objectives of the Comprehensive Plan. The General Business zoning district will allow for the development of non - residential uses which offer a wide variety of retail and service establishments that are generally oriented toward serving the overall needs of the entire community. The proposed rezone supports the commercial uses that the Future Land Use Plan designates as appropriate for land areas identified as Commercial Campus. Therefore, the proposed zone change is compatible with the Comprehensive Plan. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have 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 an automobile sales business, an interstate highway right -of -way, and an approximately 100 acre parcel of land used for agricultural purposes. The proposed General Business zoning district will allow for the development of low- intensity commercial businesses, which is compatible with the current surrounding land uses and zoning districts. The Comprehensive Land Use Plan, along with the North Schertz Sector Plan amendment, identifies this area as a Commercial Campus land use, which is intended to encourage the development of lower intensity commercial and office uses in the locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. The proposed General Business zoning district (GB) would allow the property to better represent this land use by regulating the development to promote the development of non - residential uses which offer a wide variety of retail and service establishments. The General Business zoning district (GB) City Council Memorandum Page 3 is most applicable to the Commercial Campus land use identified in the North Schertz Sector Plan, and therefore the proposed zone change is compatible with the Comprehensive Land Use Plan. Approximately 1.5 acres of the subject property is already zoned General Business District (GB) and approximately 1 acre of the subject property is zoned Pre - Development District (PRE). The applicant is proposing to rezone the entire property to General Business District (GB), which would simplify the property's zoning designation into one zoning district that is compatible with the surrounding land uses and the adjacent major highway. The General Business zoning designation would also match the vast majority of the other properties in Schertz along the IH -35 corridor. FISCAL IMPACT I►�CS"iT-% The Planning and Zoning Commission conducted the public hearing on February 13, 2019 and offered a recommendation of approval by unanimous vote. General Business District (GB) is the most appropriate zoning district for the subject property based on the general compatibility with the Comprehensive Land Use Plan and the surrounding land uses, the subject property's existing split zoning status between PRE and GB, and the property's adjacency to a major interstate highway. Therefore, Staff recommends approval of the requested rezone to General Business District (GB). U Ordinance No. 19 -5 -10 200' Notification Map Aerial. Map Exhibit Citizen Responses ORDINANCEINO.B9 -S -10E E ANIDRDINANCEIBYET HEECITYECOUNCILIDFE THEECITYEDFFSCHERTZ,ETEXASE AMENDINGE H EIDFFICIALFZONINGFMAPI +BYEREZONINGFAPPROXIMATELYF2.5E ACRESIDFELANDEFROMI+ PRE- DEVELOPMENTIDISTRICTI (PRE)FANDMENERALE BUSINESSIDISTRICTI(GB) RTOI GENERALIBUSINESSIDISTRICT KGB),ILOCATEDaTE 6486BH- 35, EITYK )FISCHERTZ,WOMALICOUNTY,lTEXAS.E E WHEREAS, an application to rezone approximately 2.5 acres of land located at 6485 IH -35, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City; and WHEREAS,Ehe 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 E WHEREAS, on February 1.3, 2019, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to approve the requested rezoning; and E WHEREAS, on March 12, 2019, 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.E E BEBTIDRDAINEDIBYHHEICITYICOUNCILK)FKHEICITYIDFECHERTZ ,UEXAS: THAT:E E Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned General Business District (GB). 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 12th day of March, 2019. . PASSED, APPROVED AND ADOPTED on final reading the 26th day of March, 2019. . Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" 5 3#bF a 0A cc �a n. FF p SUMS Exhibit B "The Property" °1lg[H a !DNlNO C)"l ziant4oS-NVWJAHS .. 6 €OZ ASVnNVr ova 9, E IL OZ a4a44i� #.a♦yi cn tea` U- z LL0 " L>, >- 5 LL3 a gg u�r LLi Lu 2 9, E IL i ..: 2 < len igs M I I b 1: rr `rte I 9, E IL z � : :a> ?> w© J° >y.� y� . � V y� lb \ » : ^ 6° � ^ � © Z3�00 H35 N E8,p January 31, 2019 1,11MI, AFf onj I.S. IMMINIM, ------------------------------ ----------------------------------------------------------------- ---------------------------------------------------- Reply Form I am: in favor of 91 opposed to ❑ neutral to El the request for 2C2019-001 COMMENTS: NAME V--A 17 SIG NATURE 4L (PLEAtE PRINT}'( 2 STREET ADDRESS: --U 14c-- CRATE; 'I -- 5 — 1 0( 1400 Schertz Parkway Schertz, Texas 7815 4 1 210.619.1000 schertz corn COMMUNITY SERVICE SCHHERTZ I OPPORTUNITY P1 A NNITS11-2 X, 1-flA4 M I I N1 tTV I'HaIMMM 1-14 H an 1921121i - P E DEVELOPMENT If you have any questions please feel free to call 'Nick Koplyay, Planner directly at (210) 619-1782. HEM Nick Koplyay Planner ---------------------------- — -------------------------------------------------------------------------------------------------- — ---------- Reply Form I am-, in favor of V1 opposed to 0 neutral to 0 the request for ZC2019-001 M I OM1119111 1400 Sch&k P4rkw6y SdWU� Tkar. 78154 4 2%6191000 §cheftoom Agenda No. 6 1LXIIIX'L6IM4II0&VWIJ • 1 E E CityEouncilffleeting:E E E E E Department:EE E E E E E Subject:E E E MarchH2,12019E Planning l &ICommunityH)evelopmentE OrdinanceiNoM 9-S-1 1FEConduct a public hearing and consideration and/or action approving an Ordinance on a request for a Specific Use Permit to allow an Automobile Repair, Major land use on approximately 2.5 acres of land, located at 6485 IH -35, City of Schertz, Comal County, Texas. (First Reading) The applicant is requesting approval of a Specific Use Permit to allow an Automotive Repair, Major land use on approximately 2.5 acres of land, located at 6486 IH -35. The subject property currently has an unoccupied, approximately 8,000 square foot building, which was previously used as a tire commercial business (Tire and Wheel Connection) from 2012 to 2018. . The applicant is proposing to utilize this existing structure in order to operate an automotive repair commercial business. Access to the site is provided through the existing driveway stemming from the IH -35 North frontage road. The subject property is currently zoned General Business District (GB) and Pre - Development District (PRE); however, the applicant currently has an active application to rezone the approximately 2.5 acre subject property to General Business District (GB). The public hearing notice was published in the San Antonio Express News on February 20, 2019. Three (3) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on January 31, 2019, in preparation of the Planning & Zoning Commission meeting that took place on February 13, 2019. At the time of this report, Staff has received two (2) responses in favor of the requested zone change. The following representatives were in attendance at the February 13, 2019 Planning & Zoning Commission Public Hearing: • Caroline McDonald, Brown & Ortiz, P.C., Authorized Agent • Chris Van Herdee, HMT Engineering & Surveying, Project Engineer City Council Memorandum Page 2 GoalE The proposed Specific Use Permit is to allow an Automotive Repair, Major land use on approximately 2.5 acres of land, located at 6486 IH -35. CommunityfenefitE It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. E Summaryl6flRecommendedEXctionE Impact on Existing Adjacent Development: The subject property is currently surrounded by an automobile sales business, an interstate highway right -of -way, and an approximately 100 acre parcel of land used for agricultural /minor residential purposes. The proposed Specific Use Permit to permit an Automotive Repair, Major land use would allow the applicant to legally utilize a land use that it is consistent with the commercial businesses that have operated on the subject property in the past. During the time period from 2012 to 2018, the subject property was utilized as a tire and wheel commercial business (Tire and Wheel Connection); therefore, the applicant's proposed land use of Automotive Repair, Major would not represent a significant change from the commercial businesses that have previously occupied the subject property. Since this proposed land use is not something new to the area, it would not have an adverse effect on the adjacent properties and is consistent for a commercial property along a major interstate highway. The Comprehensive Land Use Plan, through the Future Land Use Plan and the North Schertz Sector Plan, designates the subject property as Commercial Campus. The proposed Automotive Repair Major land use is compatible with the Commercial Campus designation, thus following the intent of the Comprehensive Land Use Plan. Conceptual Site Plan: The applicant is proposing to utilize the existing approximately 8,000 square foot building as an automobile repair commercial business on the approximately 2.5 acre tract of land. The building is currently a legal, non - conforming structure, and according to UDC Sec. 21.7.1 Nonconforming Uses, Lots and Structures Purpose and Intent, legal nonconforming lots, structures, and uses of land can be defined as legally in existence and operating before the UDC was enacted, amended or otherwise made applicable to such lots, structures, or uses, but which do not now conform to the regulations of the district in which they are located. According to the UDC, these nonconforming lots, structures, and uses of land are allowed to continue, as long as they are not enlarged, expanded, or relocated. No exterior modifications are being made to the building; therefore, the building will be allowed to remain a legal, nonconforming structure under existing conditions as long as it is not enlarged, expanded, or relocated. • Architectural Standards: The applicant has no plans for exterior modifications to the building. The building is therefore allowed to exist in its current condition as a legal, nonconforming structure as long as it is not enlarged, expanded, or relocated. • Parking: The parking is being updated to meet all current regulations within Unified Development Code Article 10 Parking Standards. The site will provide forty (40) parking spaces, of which two (2) will be designated as handicapped parking only. City Council Memorandum Page 3 • Screening requirements: The site is not required to meet any screening requirements in addition to what is currently provided. The trash receptacle will be constructed of a masonry material with metal gates that meet the minimum requirements. • Lighting and glare standards: The applicant will be responsible for complying with Section 21.9.1.1 Lighting and Glare standards at the time of building permit. • Landscaping_ The applicant is not adding any pavement and has no plans for any modifications to the existing landscaping; however, the applicant is proposing to replace the existing graveled area on the west side of the building with grass sod, which will greatly decrease the amount of impervious coverage on the site. Since they are required to update the current parking requirements, the applicant will also fully comply with UDC Sec. 21.9.7.1-1 Parking Area Landscaping; seven additional cedar elm trees are proposed to meet the parking area interior landscaping requirements outlined in UDC Sec. 21.9.7.H.1. • Access and circulation: The site currently has access provided through the existing driveway stemming from the IH -35 N frontage. A fire lane of variable width (27 feet — 53 feet) is proposed on the property to allow for emergency vehicle access. Conditions of the Requested Specific Use Permit: The proposed Automotive Repair, Major land use will be subject to provisions of the Unified Development Code (Ordinance 11- S -1.5, as amended). Additionally, the Specific Use Permit will be conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of the SUP ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. E FISCALHMPACTE None RECOMMENDATIONE The Planning and Zoning Commission conducted the public hearing on February 13, 2019 . and offered a recommendation of approval by unanimous vote. The proposed Specific Use Permit to allow an Automotive Repair, Major land use is appropriate for the subject property for the following reasons: it will have no additional adverse impact on the surrounding properties, it will allow the property to legally continue utilizing a land use that has already been in existence on the property for the last seven years, and the proposed land use is compatible with the directly adjacent major interstate highway and the associated commercial businesses in Schertz along the IH -35 corridor. Therefore, Staff recommends approval of the requested Specific Use Permit to allow an Automotive Repair, Major land use with the above outlined conditions. E City Council Memorandum Page 4 E E E ATTACHMENTSE Ordinance No. 19 -5 -11 200' Notification Map Aerial Map Exhibit Citizen Responses ORDINANCEINOX9 -S -11E E ANmRDINANCEIBYEFHEECITYECOUNCILIDFE THEECITYEDFFSCHERTZ,EFEXASE APPROVINGIANIDRDINANCEIDNENIREQUESTWOREIISPECIFICRJSEI PERMITErOE ALLOWa NaUTOMOTIVEIREPAIR, IMAJORR .ANDItJSER)NaPPROXIMATELYH.5E ACRESK)FIL AND, IL OCATEDaT]64858H- 35, ]CITYK)FISCHERTZ,ICOMALICOUNTY,E TEXAS.1E E WHEREAS, an application for Specific Use Permit to allow an Automotive Repair, Major land use at 6485 IH -35, more particularly described in Exhibit A attached hereto and incorporated herein by reference, as Lot 2 of the Shefman- Schuetz Subdivision, (hereinafter, the "Property") has been filed with the City; and WHEREAS,Ethe City's Unified Development Code Section 21.5.1I.E. provides for certain conditions 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 specific use permit (the "Conditions "); and E WHEREAS, on February 13, 2019, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, hereby makes a recommendation of approval of a Specific Use Permit for an Automotive Repair, Major land use; and E WHEREAS, on March 12, 2019, . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Specific Use Permit be approved as provided for herein.E E BEBTIDRDAINEDIBYUHECITYICOUNCILIDFIFHECITYIDFISCHERTZ ,FFEXAS: THAT:E E Section 1. A Specific Use Permit for 6485 IH -35, more particularly described in the attached Exhibit A, is hereby approved to allow an Automotive Repair, Major land use conditioned upon the following occurring: a) A building permit is approved within one year of the adoption of this ordinance; and b) The use begins operation within two years of the issuance of the necessary building permit(s). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 12th day of March, 2019. PASSED, APPROVED AND ADOPTED on final reading the 26th day of March, 2019. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) 1WH Exhibit A "The Property" ,1I91HX9 dns w x t -i zl3ii wa r t dt# 6LOZ AHVnNVr , O. gut c3 ,w, r! •: r2 CL t CV CJ { Lt- w 4� 3: 12 cr �? wi LLJ uj CL CL ,.? [ x , 4� r, a 1 I I i,j a ........ NWM 33S F% ,a asap A Ilk 1 ¢� � $ x ° .. 3 oil 1 asd�` „a � "� ;a ��l r n sv 1a !`' E a': ua� aiE:r: 1 H n" 0' �i I W° {a 't a� a, rug - i u'ax � E � i k miff t p �`� � 5 e j( k Hold M! I 1 Rio Old IM 5 J i r ' a f a� #"v �f r �A jf b e e.. vkflrt arup^yy k +. v Vold ,wNn 3,y,ti• "? ;wy Nf 1r�vJ�H .Y lA� 25300 IH 35 N (78190) I Uw4unmoll January 31, 2019 DEVELOPMENT Nick Koplyay Planner ---------------------------------------------------------------------------- ------------------------------------------------------------------------ Reply Form I am: in favor of IS/ g2p2sed to ❑ neutral to 0 the request for SUP2019-001 K619IMEW DATE: C7 1400 Schertz Parkway Schertz, Texas 78154 210. 619,1000 schertz,com PLA ■ M - - --------- Nick Koplyay Planner --------------------------------------------------------------------------------------------------------------------------------------------------- Reply Form I am: in favor of ft]�/ gppgsedto El neutral to 0 the request for UP2019-001 NtA.i.o AA,;4jVi^J ME M,*i ,N � 1400 Schertz Parkway Schertz, Texas 78154 91 210.619.1000 schertz,con, I CityEouncillMeeting:E Department:E Subject:E BACKGROUNDE E Agenda No. 7 Marchfl2,2019E CityglanagerE ResolutionJNo.fl 9 -R -30E Consideration and /or action approving a Resolution supporting Senate Bill 2 (SB2) and House Bill 2 (HB2), companion bills of the 86th Texas Legislature relating to ad valorem taxation.11E Legislative bills have been introduced into the Texas Senate (SB2) and the House (HB2) in the current session that would lower the property tax rollback tax rate from 8% to 2.5% meaning that the City would only be able to raise the tax rate by a maximum of 2.5% before an election. The election for increases in the tax rate greater than 2.5% would be mandatory and held on the November uniform election date. Additionally, the bills change the term "rollback" tax rate to "voter- approved" tax rate. Resolutionl[No.FMR -30 supports the current legislation and states that the members of the Schertz City Council give their support for Senate Bill 2 (SB2) & House Bill 2 (HB2), companion bills of the 86th Texas Legislature relating to ad valorem taxation. E E E E ATTACHMENTSE Resolution No. 19 -R -30 RESOLUTIONINO.M9 -R -30E AIRESOLUTIONIBYUHEICITY ICOUNCILK)FUHEICITYK)FISCHERTZ,E TEXASISUPPORTINGISENATEIBILLEI(SB2 )»NDRIOUSEIBILL]21(HB2),E COMPANIONIBILLSIDFUHE186THgEXASB ,EGISLATURE IRELATINGE TOE ADE VALOREME TAXATIONE ANDE OTHERE MATTERSE INE CONNECTIONNHERE WITHIE WHEREAS,SB2 & HB2 seek to instill transparency in the local government budgeting process; and, E WHEREAS, S132 & HB2 do not cap local government revenues or budgets; and, WHEREAS, S132 & HB2 provide for a new rollback tax rate equivalent to 1.025 times the previous year's no- new - revenue maintenance and operations rate, for taxing entities other than small taxing entities; and, WHEREAS, S132 & HB2 require, in addition to the standard budgeting process, a ratification election be held by an entity that exceeds the rollback rate; and, WHEREAS, S132 & HB2 require the ratification election to be held on the uniform election date in November; and, WHEREAS, Schertz City Council recognizes that cities are responsible for their own spending decisions; and, WHEREAS, Schertz City Council recognizes that local government governs most effectively when the citizens are engaged and actively involved in the decision - making process; and, WHEREAS, Schertz City Council recognizes the overwhelming, bi- partisan support for meaningful property tax reform; and, WHEREAS, Schertz City Council recognizes that every dollar collected in property taxes is a dollar taken from the hardworking residents of our community; and, WHEREAS, Schertz City Council will commit to carefully guarding taxpayer dollars through our normal budgeting process; and, WHEREAS, Schertz City Council recognizes that the only pathway to sustainable and effective taxpayer relief is reduced spending, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The members of the Schertz City Council give their support for Senate Bill 2 (S132) & House Bill 2 (1-1132), companion bills of the 86th Texas Legislature relating to ad valorem taxation. 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 day of , 2019. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) MEMORANDUM City Council Meeting: Department: Subject: BACKGROUND Informational Item March 12, 2019 Economic Development The Capital Group Inc. 2018 tax reimbursement according to the Development Agreement In August 2010, the City Council approved a Development Agreement among the City of Schertz, Texas, the City of Schertz Economic Development Corporation, and The Capital Group Companies, Inc. ( "Capital Group ") (the "Agreement "). The Agreement established a performance -based tax incentive for the development of a data center facility. In consideration Capital Group would be eligible to receive an annual reimbursement of 75% of the taxable real and personal property of a period of eight years. On January 16, 2018 Capital Group reported its compliance to the Agreement for the 2018 tax year. In accordance to the Agreement Capital Group has: • Constructed a 50,000 square foot data center costing approximately $35 million. • Employed at least 2 full -time employees with an average annual payroll of approximately $1.50,000. This is the final year that Capital Group will receive an annual reimbursement. Capital Group has paid all real and personal property taxes for the 2018 tax year. A copy of the 2018 Property Tax Statements are attached for verification. FISCAL IMPACT Capital Group's 2018 total real and personal property tax value was $19,255,944 (real property $11,800,000 + personal property $7,455,944). According to the Agreement, Capital Group will receive $74,318.32 which is a 75% tax reimbursement for their real and personal property. The methodology for the reimbursement is noted below: • Total tax value * (2018 . Schertz tax rate / 1.00) = total taxes paid * 75% = Capital Group's 2018 tax reimbursement. • $19,255,944 * (0.5146 / 1.00) = $99,091.09 * 75% = $74,318.32 In summary, Capital Group will receive $74,318.32 for the 2018 reimbursement. STAFF RECOMMENDATION Staff has evaluated the Agreement and found that Capital Group is compliant for the 2018 tax year. Staff recommends that the City Council authorize the reimbursement in accordance with the Agreement. ATTACHMENT(S) 2018 Property Tax Statements (R663633 and P327932) REPRINTED TAX RECEIPT Guadalupe County Tax Office Daryl John Tax Assessor /Collector P.O. Box 70 (307 W. Court) Seguin, TX 78155 Receipt Number: SG- 2019 - 1421633 830 379 -2315 Payor: CAPITAL GROUP COMPANIES INC (00199128) Owner: CAPITAL GROUP COMPANIES INC ATTN: ESSH /M -3100 (00199128) 3500 WISEMAN BLVD ATTN: ESSH /M -3100 SAN ANTONIO, TX 78251 3500 WISEMAN BLVD SAN ANTONIO, TX 78251 Quick Ref ID: P327932 Owner: CAPITAL GROUP COMPANIES INC (00199128) - 100% Owner Address: ATTN: ESSH /M -3100 3500 WISEMAN BLVD SAN ANTONIO, TX 78251 Tax Year /Taxing Unit 2018 City Of Schertz Guadalupe County Lateral Roads Sch- cib -uc Isd Property: 1 G3383 -6A09- 00300 -3 -12 Legal Description: FURN FIXT & EQUIP GCO ABT 75% THROUGH 2019 Situs Address: 5700 MID - CITIES PKWY Taxable Tax Rate Base Tax Tax Paid Amount Paid Value 7,455,944 0.514600 38,368.29 38,368.29 38,36829 1,863,986 0.330900 6,167.93 6,167.93 6,167.93 7,455,944 0.051000 3,802.53 3,802.53 3,802.53 7,455,944 1.490000 111,093.57 111,093.57 111,093.57 Total Payment Amount Check (Ref # 0001240238) Tendered Total Tendered Remaining Balance Due, including other fees, as of 3/6/2019 Date Paid: 01/18/2019 Effective Date: 01/18/2019 Station: MEGAN Cashier: 159,432.32 159,432.32 159,432.32 WE Page 1 of 1 FURN FIXT & EQUIP GCO ABT 75% THROUGH 2019 5700 MID - CITIES PKWY P327932 CAPITAL GROUP COMPANIES INC City Of Schertz 0 7,455,944 AB 0 7,455,944 0.5146000 38,368.29 Guadalupe County 0 7,455,944 AB 5,591,958 1,863,986 0.3309000 6,167.93 Lateral Roads 0 7,455,944 AB 0 7,455,944 0.0510000 3,802.53 Sch- cib -uc Isd 0 7,455,944 AB 0 7,455,944 1.4900000 111,093.57 T v To avoid the accrual of penalty and interest your payment must be postmarked on or before January 0 IF YOUR TAX SHOULD BE PAID BY A MORTGAGE COMPANY, PLEASE FORWARD THIS 7,455,944 STATEMENT TO THEIR OFFICE. 100.00 o View property tax information, e- statements and payments at property. do. uadalupe.tx us 00199128 a Credit Cards will incur an additional vendor fee: factured hots e accounts accrue Aprift I t, The person who owned the Business Personal Property (business inventory, equipment, etc.) as of January 1 of the tax year is personally liable for the entire year's amount due, even if the property is sold or the business is closed. ---- ----1, DETACH AND RETURN ORIGNAL COUPON QUICK REF ID/ACCOUNT NUMBER SITU ADDRES Below are taxes plus penalty & _ interest for the month of payment CAPITAL GROUP COMPANIES INC ATTN: ESSH /M -3100 3500 WISEMAN BLVD 9998999 99 9 f 99 SAN ANTONIO TX 78251 P327932 5700 MID - CITIES PKWY ❑ CHANGE OF ADDRESS OR OWNERSHIP CORRECTION ON BACK $159,432.32 REPRINTED TAX RECEIPT Guadalupe County Tax Office Daryl John T8x/\8SeGGO[/COl lector P.O. Box 70/307VV.Court) Seguin, TX78155 Receipt Number: SG'2010-1422842 830 379-2315 Payor CAPITAL GROUP COMPANIES INC Owner: CAPITAL GROUP COMPANIES INC 57OO MID-CITIES PKWY (]0181498) 35OOVV|SEMANBLVD SAN ANTONIO, TX78251 Quick Ref ID: R663033 Property: 1G3383-6AO9-00300-0-00 0vvnec CAPITAL GROUP COMPANIES INC Legal Description: VERDE ENTERPRISE BUSINESS PARK (00161408)-100Y6 UNIT #8A BLOCK 0 LOT 3GC0ABT 75% THROUGH 2U10O.G1SACGCO ABT75% THROUGH 201Q Owner Address: 35OOVY|SEyNANBLVD SituoAddneoo: 57OO MID-CITIES PKWY SAN ANTONIO, TX78251 Taxable Tax Year/Taxing Unit Value Tax Rate Base Tax Tax Paid Amount Paid 2018 City {)f8ohertz 11.800.000 0.514800 80.722.80 60.722.80 80.722.80 Guadalupe County 3,365,387 0.330980 11.138.07 11,136.07 11.138.07 Lateral Roads 11.800.000 0.051000 6.018.00 6.018.00 0.018.00 Soh-oib-uo|ad 11.800.000 1.480000 175.828.00 175.820.00 175.828.00 -[Ot8l Payment Amount 253'696.87 Check Tendered 253.606.87 Total Tendered 253.898.87 Remaining Balance Due, including other fees, 000f3/6/2018 0.00 Date Paid: 01/22/2010 Effective Date: 01/17/2019 Station: Propady1 Page 1 of 1 tortured home ac*;ou ate accrue April 1st, C BH ANr3 tt #rtt rPllht _� �kt9fi r Seguin, TX 78155 _ Feb G! 1, Daryl John . a TAX ASS ESAsLL3 . VERDE ENTERPRISE BUSINESS PARK UNIT #6A BLOCK 9 €fix R663633 LOT 3 GCO ABT 75% THROUGH 2019 6.616 AC GCO ABT 75 %t for return receipt please Include THROUGH June 291, Property ID: R663633 fV '` e a self addressed stamped; envelope CAPITAL GROUP COMPANIES INC 3500 WISEMAN BLVD SAN ANTONIO TX 78251 9999999 99 of 99 r / a CAPITAL GROUP COMPANIES INC 5700 MID - CITIES PKWY PROPERTY T TTfT for 2013 lr ftarr: - 2 I Cat, I City OfSchertz 0 11,800,000 AB 0 11,800,000 0.5146000 60,722.80 Guadalupe County 0 11,800,000 AB 8,434,613 3,365,387 0.3309000 11,136.07 Lateral Roads 0 11,800,000 AB 0 11,800,000 ' '0.0510000 6,018.00 Sch- cib -uc Isd 0 11,800,000 AB 0 11,800,000 1.4900000 175,820.00 Property 1i!�rlaxes Laud HS 0 TOTAL ANNUAL $253,696.$7 Land NHS 553,849 A Mkt 0 To avoid the accrual of perraity and interest your payment must be postmarked Ors or before January 31, At Use 0 IF YOUR TAX SHOULD BE RAID BY A MORTGAGE COMPANY PLEASE FORWARD THIS Imp HS 11,246,15 STATEMENT TO THEIR OFFICE. Imp NHS 100.00 View property tax information, e- statements and payments at. property. co. uadalupe.tx.us Owner % 00161498 Credit Cards will Incur are additional vendor fee: Owner ID tortured home ac*;ou ate accrue April 1st, C BH ANr3 tt #rtt rPllht _� �kt9fi r Seguin, TX 78155 _ Feb G! 1, .. `k .j. ___. .... Mar. Credit Cards Incur an add €clonal vendor fee. Apr 281, Pay online at: property. co. uadalupe tx.us May for return receipt please Include June 291, Property ID: R663633 a self addressed stamped; envelope CAPITAL GROUP COMPANIES INC 3500 WISEMAN BLVD SAN ANTONIO TX 78251 9999999 99 of 99 ❑ CHANGE OF ADDRESS OR OWNERSHIP CORRECTION ON BACK $253,696.87 MEMORANDUM City Council Meeting: Department: Subject: BACKGROUND Informational Item March 12, 2019 Economic Development Caterpillar's 2018 tax reimbursement according to the Development Agreement In October 2010, the City Council approved a Development Agreement among the City of Schertz, Texas, the City of Schertz Economic Development Corporation, and Caterpillar, Inc. ( "Caterpillar ") (the "Agreement "). The Agreement established a performance -based tax incentive for Caterpillar's multi - phased manufacturing facility. In consideration Caterpillar would be eligible to receive an annual reimbursement of 75% of all taxable personal property for a period of eight years for each phase of its project. On February 15, 2019, Caterpillar reported their compliance to the Agreement for the 2018 tax year. In accordance to the Agreement Caterpillar has: • Constructed at least 400,000 square feet in connection with phase 1 and 2 • Employed at least 80 full -time employees with a minimum monthly payroll of $300,000. This is the final year that Caterpillar will receive an annual reimbursement on Phase I of their project. Next year will be the final year that Caterpillar will receive an annual reimbursement on Phase II of their project. Caterpillar has paid all real and personal property taxes for the 2018 tax year. A copy of the 2018 Property Tax Statements are attached for verification. FISCAL IMPACT Caterpillar's 2018 total personal property tax value was $89,579,440 (machinery and equipment $87,596,860 + computer and supplies $1,961,500 + inventory $21,000). According to the Agreement, Caterpillar will receive $345,731.85 which is a 75% tax reimbursement for their taxable personal property. The methodology for the reimbursement is noted below: • Total personal property tax value * (2018 Schertz tax rate /100) = total taxes paid * 75% = Caterpillar's 2018 tax reimbursement • $89,579,440 * (0.5146 / 100) = $460,975.80 * 75% = $345,731.85 In summary, Caterpillar will receive the 2018 reimbursement of $345,731.85. STAFF RECOMMENDATION Staff has evaluated the Agreement and found that Caterpillar is compliant for the 2018 tax year. Staff recommends that the City Council authorize the reimbursement in accordance with the Agreement. ATTACHMENT(S) 2018 Property Tax Statements (P328580, P329842 and P328571) REPRINTED TAX RECEIPT Guadalupe County Tax Office Daryl John T8x/\8SeG8O[/COl lector P.O. Box 70/307VV.Court) Seguin, TX78155 Receipt Number: SG'2010-1423200 830 379-2315 Payor CATERPILLAR (00229263) OBA TEXAS MACHINING PROPERTY TAX DEPT 1OONE ADAMS ST PEORIA, IL 61629 Quick Ref ID: P328571 Owner: CATERPILLAR (J022Q2O3)-1UU% Owner Address: DBA TEXAS MACHINING PROPERTY TAX DEPT 1OONE ADAMS ST PEORIA, |L01028 Tax Year/Taxing Unit Taxable Tax Rate Value ` ` Owner: CATERPILLAR (00229263) DBA TEXAS MACHINING PROPERTY TAX DEPT 10ONE ADAMS 3T PEORIA, |L01O29 Property: 2000050000020 Legal Description: MACHINERY & EQUIPMENT O8UU DOERR LANE -SCHERTZO0O3784O1 Si\uoAddneuu: 6800DOERRLN3CHERTZ78154 2018 Base Tax Tax Paid Amount Paid City Of Schertz 87,596,860 0.514600 450,773.44 450,773.44 450,773.44 Total Payment /\mV]VDt 450,773.4�1 Check (Ref # 733835) Tendered 450.77344 Total Tendered 450.773.44 Remaining Balance Ouo, including other fees, aanf3/0/2019 ODO Date Paid: 01/22/2010 Effective Date: 01/22/2019 Station: MEGAN Cashier: Page 1 of 1 MACHINERY & EQUIPMENT 6800 DOERR LANE - SCHERTZ 000378401 6800 DOERR LN SCHERTZ 78154 P328571 CATERPILLAR The person who owned the Business Personal Property (business inventory, equipment, etc.) as of January 1 of the tax year is personally liable for the entire year's amount due, even if the property is sold or the business is closed. ._. ........ Ar r c _v. .__em. QUICK REF ID /ACCOUNT NUMBER P328571 SITUS ADDRESS 6800 DOERR LN SCHERTZ 78154 Below are taxes ultra penalty & ❑ CHANGE OF ADDRESS OR OWNERSHIP CORRECTION ON BACK $450,773.44 REPRINTED TAX RECEIPT Guadalupe County Tax Office Daryl John Tax Assessor /Collector P.O. Box 70 (307 W. Court) Seguin, TX 78155 Receipt Number: SG- 2019 - 1423199 830 379 -2315 Payor: CATERPILLAR (00229263) DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Quick Ref ID: P328580 Owner: CATERPILLAR (00229263) - 100% Owner Address: DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Owner: CATERPILLAR (00229263) DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Property: 20000 50000010 Legal Description: COMPUTERS, SUPPLIES & OFFICE EQUIPMENT 6800 DOERR LANE - SCHERTZ 000378805 Situs Address: 6800 DOERR LN SCHERTZ 78154 Tax Year /Taxing Unit Taxable Tax Rate Base Tax Tax Paid Amount Paid Value 2018 City Of Schertz 1,961,580 0.514600 10,094.30 10,094.30 10,09430 Total Payment Amount 10,094.30 Check (Ref # 733835) Tendered 10,094.30 Total Tendered 10,094.30 Remaining Balance Due, including other fees, as of 3/6/2019 0.00 Date Paid: 01/22/2019 Effective Date: 01/22/2019 Station: MEGAN Cashier: Page 1 of 1 CATERPILLAR The person who owned the Business Personal Property (business inventory, equipment, etc)aeof January 1 of the tax year is personally liable for the entire year's amount due, even if the property is sold or the business iaclosed. F1 CHANGE OF ADDRESS ow OWNERSHIP CORRECTION omBACK REPRINTED TAX RECEIPT Guadalupe County Tax Office Daryl John Tax Assessor /Collector P.O. Box 70 (307 W. Court) Seguin, TX 78155 Receipt Number: SG- 2019 - 1423201 830 379 -2315 Payor: CATERPILLAR (00229263) DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Quick Ref ID: P329842 Owner: CATERPILLAR (00229263) - 100% Owner Address: DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Tax Year/Taxing Unit Taxable Tax Rate Value Owner: CATERPILLAR (00229263) DBA TEXAS MACHINING PROPERTY TAX DEPT 100 NE ADAMS ST PEORIA, IL 61629 Property: 20000 50000030 Legal Description: INVENTORY - FREEPORT 6800 DOERR LANE - SCHERTZ 000382238 Situs Address: 6800 DOERR LN SCHERTZ 78154 Base Tax Tax Paid Amount Paid 2018 City Of Schertz 0 0.514600 108.07 108.07 108.07 Total Payment Amount 108.07 Check (Ref # 733835) Tendered 108.07 Total Tendered 108.07 Remaining Balance Due, including other fees, as of 3/6/2019 0.00 Date Paid: 01/22/2019 Effective Date: 01/22/2019 Station: MEGAN Cashier: Page 1 of 1 |mvEmT0Rv rnsEPOnT08OOo0snmLANE GCHEnTz City Of Schertz L11 8,400,060 STATEMENT TO THE 100.00 o View property tax info 00229263 * Credit Cards will incu CATERPILLAR 108.07 A penalty and interest your payment must be postmarked on or before January 31. LD BE PAID BY A MORTGAGE COMPANY, PLEASE FORWARD THIS r an additional vendor fee. The person who owned the Business Personal Property (business inventory, equipment, etc)aeof January 1 of the tax year is personally liable for the entire year's amount due, even if the property is sold or the business iaclosed. MAKE CHECKS PAYABLE TO: QUICK REF ID/ACCOUNT NUMBER P329842 Daryl John SITUS ADDRESS 6800 DOERR LN SCHERTZ 78154 Tax Assessor-Col lector Below are taxes plus penalty & F1 CHANGE OF ADDRESS ow OWNERSHIP CORRECTION omBACK 1- ` Informational Item CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2019 Department: Economic Development Subject: Schertz 312 LLC Economic Development Performance Agreement Amendment No. 1 BACKGROUND In May 2018, the City of Schertz Economic Development Corporation ( "SEDC ") approved an Economic Development Performance Agreement (the "Agreement ") with Schertz 312 LLC ( "Schertz 31.2 "). Under the Agreement, Schertz 312 agreed to construct infrastructure improvements necessary for a future million square foot user. In consideration, the SEDC agreed to provide up to $4 million for the actual costs associated with the infrastructure improvements. Per the Agreement, Schertz 312 was required to complete the design within 180 days and construction within 365 days. Schertz 312 met the 180 -day design requirement but has requested an extension to the construction requirement. Schertz 312 is still working through the City's permitting process and is waiting to hear if the adjacent property will be released from San Antonio's extraterritorial jurisdiction. The SEDC accepted Schertz 31.2's request to extend the construction time from 365 days to 730 days. The extension was approved by SEDC Resolution No. 2019 -4 that authorized Amendment No. 1 hereto attached. The amendment does not require City Council approval because it does not change the original program or expenditures approved by City Council through Resolution 18 -R -51 on May 1, 2018. COMMUNITY BENEFIT This is a complex project and the additional time will ensure a quality product that will benefit the City for years to come. FISCAL IMPACT There are no additional expenditures associated with this action. SUMMARY OF RECOMMENDED ACTION On February 28`'', the SEDC Board of Directors voted unanimously to approve the SEDC Resolution No. 2019 -4 authorizing the First Amendment to the Development Performance Agreement with Schertz 312 LLC. ATTACHMENTS First Amendment to the Development Performance Agreement with Schertz 312 LLC FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT SCHERTZ 312 THIS FIRST AMENDMENT TO ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT — SCHERTZ 312 ( "First Amendment ") is entered into this c, day of February, 2019 and between the City of Schertz Economic Development Corporation, located in Guadalupe County, Texas, a Texas non - profit industrial development corporation under the Development Corporation Act and governed by TEX. Loc. Gov. CODE chapters 501, 502 and 505 and the Texas Non - Profit Corporation Act ( "Corporation ") created by, and for the benefit of the City of Schertz, Texas ( "City ") and Schertz 312, LLC, a Texas limited liability company, its successors or assigns ( "Schertz 312 "), the Corporation and Schertz 312 collectively known as the "Parties" to this Agreement. WHEREAS, The Parties entered into that Economic Development Performance Agreement — Schertz 312 dated May 7, 2018 ( "Agreement') for the purpose of, and for such terms and conditions, as set forth therein; WHEREAS, Schertz 312 has completed design of the Project and approval by the City of such design is currently pending; WHEREAS, Schertz 312 wish to amend Section 2(h) of Article V of the Agreement and the Corporation approves of such amendment as set forth below; and WHEREAS, the commitments contained in this Agreement shall become legally binding obligations of the Parties as of the date first set forth above. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section 2(h) of Article V of the Amendment is hereby amended to read as follows: "Commence design of the Project within one hundred eighty (180) days from the Effective Date and complete Infrastructure Improvements within seven hundred thirty (730) days from the Effective Date." 2. All terms not defined in this First Amendment shall have the meaning ascribed to them in the Agreement. 3. The remaining provisions of the Agreement shall remain in full force and effect. 4. This First Amendment may be executed in multiple counterparts, which collectively, will be construed as an original. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Economic Development Performance Agreement — Schertz 312 on the date set forth above. COMPANY: SCHERTZ 312, LLC A Texas limited liability company By: Schertz 312 Management, LLC Its Manager By: Titan Lonestar, LLC Its Manager By: Kevin Reid, Manager STATE OF TEXAS ) ) ss. COUNTY OF BEXAR ) This information was acknowledged before me on this ILPt day of February, 2019 by Kevin L. Reid, as Manager of Titan Lonestar, LLC, manager of Schertz 312 Management, LLC, manager of Schertz 312, LLC, on behalf of said company. MYComm1Th66M Expires 07I23t2020 ID No.130107 2 Public, State of Texas Notary's typed or printed name 01-1220120W My Comm' ission expires CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By: Paul Macaluso, President STATE OF TEXAS ) ) ss. COUNTY OF GUADALUPE ) This information was acknowledged before me on this day of 2019 by Paul Macaluso, as President of the City of Schertz Economic Development Corporation, a Texas non - profit industrial development corporation, on behalf of said agency. ,otz{ry Public, State of Texas PAM HOW =VNOTARY LIC . TEXAS mB#�01114 �s Notary's typed or printed name s r My commission expires 3