Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-10-20- Agenda with backup
MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL November 10, 2020 SCHERTZ, TEXAS 78154 CITY OF SCHERTZ CORE VALUES Do the right thing Do the best you can Treat others the way you want to be treats Work cooperatively s a team Overflow seating val lle at the Civic Center, Bluebonnet Hall, Building # City Council will hold its regularly scheduled meeti at . ,, , rues y, Nove er , 2020, at the City Council Chambers. In lieu of attending the meeting in ers , residents will have the opportunity to tc the meeting via live stream on the City's YouTube Channel. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Gutierrez) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. November 10, 2020 City Council Agenda Page 1 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. City Events and Announcements • Announcements and recognitions by the Mayor (R. Gutierrez) • Announcements and recognitions by the City Manager (M. Browne) • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of October 27, 2020. (B. Dennis) 2. Resolution No. 20 -R -109 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City manager to enter into an agreement with the YMCA of Greater San Antonio to operate the Schertz Area Senior Center. (B. James /L. Shrum) 3 Resolution No. 20 -R -132 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for a Schertz Main Street Local Flavor Economic Development Grant for 537 Main. (M. Browne /B. James) 4. Resolution 20 -R -113 - Consideration and/or action approving a Resolution by the City Council of the City, Texas, authorizing expenditures not to exceed $81,888.13 with C -3 Environmental Inc., for the Ashley Park Concrete Trail Project, and other matters in connection therewith. (B.James /L.Shrum) 5. Cancellation of the December 22, 2020, Council Meeting - Consideration and /or action canceling the December 22, 2020, City Council meeting due to the Christmas Holiday. (M. Browne /B. Dennis) Resolution No. 20 -R -1.1.5 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing an Economic Development Performance Agreement between the City of Schertz Economic Development Corporation and Phelan- Bennett, LLC. (M. Browne /A. Perez) November 10, 2020 City Council Agenda Page 2 '] Resolution No. 20 -R -131 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement with Cibolo Creek Municipal Authority ( "CCMA ") for the lease of real property for the operations and maintenance of a Wastewater Liftstation Facility. ( C. Kelm /S. Williams /J.Hooks) g, Ordinance No. 20 -M -34 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City Code of Ordinances Article I. in General, Section 2 -125 Designation of Records Management Officer, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. Final Reading (M. Browne /B. Dennis) 9. Ordinance No. 20 -S -33 - Consideration and /or action upon a request to rezone approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to :Planned Development District (PDD), located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive, City of Schertz, Bexar County, Texas, also known as Bexar County Property Identification Numbers 619201 and 619202. Final Reading (B. James /L. Wood/N. Koplyay) Discussion and Action Items Public Bearings 10. Ordinance No. 20 -S -37 - Conduct a public hearing, consider and /or act upon request to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single- Family Residential land use designation, generally located approximately 4,000 feet east of the intersection between FM 1518 and Lower Seguin. Road, also known as Bexar County Property Identification Numbers 310024 and 310031, City of Schertz, Bexar County, Texas. First Reading (B. James /L. Wood/ N. Koplyay) 11. Ordinance No. 20 -K -35 - Conduct a public hearing and consider and act upon an ordinance requesting to close and abandon to the abutting property owners a portion of Urban Lane Right -of -Way between Live Oak Hills Subdivision Lot 1, Block 55 (Guadalupe County Property ID: 32206) and Live Oak Hills Subdivision Lot 18, Block 54 (Guadalupe County Property ID: 32205); and establishing an effective date hereof. First Reading (B.James /L. Wood /E. Delgado) Roll Call Vote Confirmation Workshop 12. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne/K. Long) 13. Staff Compression - Update on Staff Compression Issue. (C. Kelm /J. Kurz) November 10, 2020 City Council Agenda Page 3 Closed Session 14. The City Council will meet in closed session in accordance with 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 -064 Reconvene into Regular Session 14A. Take any action based on discussion held in closed session under Agenda Item 14. Roll Call Vote Confirmation Information available in City Council Packets - NO DISCUSSION TO OCCUR 15. Monthly update - on major projects in progress /CIP. (B. James /K. Woodlee) 16. Schertz Economic Development Corporation (SEDC) Performance Agreement Payments. (A. Perez) Requests and Announcements • Announcements by the City Manager. • Requests by Mayor and Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations 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 Adjournment November 10, 2020 City Council Agenda Page 4 CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 6th DAY OF NOVEMBER 2020 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2020. TITLE: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services, please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Closed Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Gutierrez Councilmember Scagliola — Place 5 Audit Committee Cibolo Valley Local Government Corporation - Investment Advisory Committee Alternate Main Street Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions - Alternate Schertz- Seguin Local Government Corporation Councilmember Davis— Place 1 Councilmember Scott — Place 2 Audit Committee Interview Committee for Boards and Commissions Interview Committee for Boards and Commissions Main Street Committee - Chair Schertz Housing Authority Board TIRZ II Board November 10, 2020 City Council Agenda Page 5 Councilmember Larson — Place 3 Main Street Committee — Vice Chair Councilmember Heyward — Place 6 Audit Committee Investment Advisory Committee Schertz Animal Services Advisory Commission Councilmember Dahle — Place 4 Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions TIRZ II Board Councilmember Brown — Place 7 Main Street Committee Schertz- Seguin Local Government Corporation - Alternate November 10, 2020 City Council Agenda Page 6 ei Olum City Council November 10, 2020 Meeting: Agenda No. 1. Department: City Secretary Subject: Minutes — Consideration and /or action regarding the approval of the minutes of the meeting of October 27, 2020. (B. Dennis) The City Council held a Regular City Council meeting on October 27, 2020. RECOMMENDATION Recommend Approval. Attachments DRAFT MINUTES 10 -27 -2020 DRAFT MINUTES REGULAR MEETING October 27, 2020 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 27, 2020, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1.400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Present: Councilmember Tim Brown; Councilmember Mark Davis; Councilmember Scott Larson; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward Absent: Mayor Ralph Gutierrez - excused absence; Mayor Pro -Tem Rosemary Scott excused absence City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez; Deputy City Secretary Gayle Wilkinson; Executive Director Economic Development Adrian Perez Call to Order Regular Session Councilmember Scagliola called the regular meeting to order at 6:00 p.m. He mentioned that the Mayor and Mayor Pro -Tem were absent this evening and he would be presiding. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Councilmember Scagliola recognized Councilmember Larson who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Councilmember Scagliola mentioned that while you are sitting in the audience you may or may not choose to wear to your masks, but if you move around the chambers, we ask that you please place your masks back on. Presentations • Proclamation recognizing Domestic Violence Awareness Month. (Mayor/N. Solis Douglass) Councilmember Scagliola read and presented the proclamation to Ms. Nichole Solis Douglass, Crime Victim Liaison with the Schertz Police Department. Ms. Douglass thanked the Council for their continued support. • Presentation on Blue Santa Program (M. Fleck) Councilmember Scagliola recognized Ms. Melissa Fleck, Police Administrative Assistant who stated the Blue Santa Program was created to help bring holiday happiness to families and children in Schertz. She stated this year they are introducing their Blue Santa tree. They will have children that need wishes adopted on their tree and you can choose how many tags you would like. Applications for those individuals requesting assistance are available now. You can find the applications at Schertz.com and also at the Schertz Police Department records window. The deadline for applications will be Monday, November 23rd. Tag pickup will be from November 30th until they run out in the lobby at the Police Dept. Please do not leave the PD with the tags until you have visited the records window and given them your information. The deadline to return the tags and gifts will be Monday, December 14th. Please return the gifts with tags unwrapped. Please contact Melissa Fleck or Officer Kraft at (210) 619 -1200 for more information. • Presentation on Operation Polar Express (A. Kraft) Councilmember Scagliola recognized Special Projects Officer Anna Kraft with the Police Department who stated this is the 2nd year they are doing this program to try to cut down on package thefts. They are having the Citizens of Schertz mail their packages to the Police Department and it will be kept safe until they pick the package up. To pick the package up, the citizen will need to provide their ID card and the tracking number of the package. The dates of this program will be November 6th through December 23rd. Any package not picked up by December 24th will be returned to sender. Employee Recognition Each department introduced their new employees: • Engineering - Eric Schulze - Engineer (K. Woodlee) - Not able to be present. • Fire - Summer Hall - Emergency Management Coordinator (K. Long) • Police - Eric Guidry, Samuel Ramirez Jr., Dakota Burrows, Frank Chavarria, N Alberto De La Torre, Ricardo Lozano, John McClendon, Roland Pena, and Ryan McCallister - Police Officers (D. Roman) • Public Works - Christopher Peacock - Street Worker 11(D. Letbetter) • Utility Billing - Anna Miranda - Utility Billing Clerk (D. Hardin- Trussell) • Library - Samaria Sams - Library Page (M. Uhlhorn) City Events and Announcements • Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez) Councilmember Scagliola recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Election Notice - The City of Schertz will hold a General Election to elect the following places: City Councilmember, Place 3 City Councilmember, Place 4 City Councilmember, Place 5 Early voting continues through this Friday, October 30, 2020. Please check the city's website for a list of Early Voting locations. The General Election will take place on November 3, 2020 from 7 AM to 7 PM. Check the City website for your County's list of Vote Centers or if questions contact the City Secretary's office. Wednesday, October 28 National First Responder Day - National First Responders Day on October 28th recognizes the heroic men and women who make it their business to take immediate action when disaster strikes. Lunch will be provided at 11:30 AM for Fire, EMS, and PD. Fire will serve lunch out of Station 1, EMS and PD will serve out of their training rooms. The catered food will be individually wrapped BBQ plates. Saturday, October 31 Candy Cruisin' Trail 12:00 PM — 5:00 PM The 'Drive -Thru' Treat Trail will be open from 12 -5 on Halloween. Families are encouraged to dress in costume and follow the trail. Participating businesses will have their 'trunk' outdoors to share 'treats'. More information can be found at www.schertz.com or the City of Schertz Parks & Recreation Facebook page Tuesday, November 3 Due to the Election, City Council will not meet on Tuesday, November 3rd. The 3 next regular City Council meeting will be held Tuesday, November l Oth at 6:00 PM Council Chambers • Announcements and recognitions by the City Manager (M. Browne) None were provided • Announcements and recognitions by the Mayor (R. Gutierrez) None were provided Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Councilmember Scagliola recognized the following who spoke: • Miss Kaelyn - Student with Kung Jung Mul Sul - who provided information on their recent and upcoming activities. She stated that she will be testing for her black belt. • Mrs. Maggie Titterington - The Chamber who provided information regarding the recent and upcoming Chamber events: • First annual Shred Day yielded 304 cars and $1600 in donations. They are dividing those donations into $800 each for Racap Thanksgiving and 11 Christmas baskets. hYPer will be shopping for food and delivering for both Thanksgiving and Christmas, to include presents at Christmas. • Mayor Gutierrez is a finalist for Mr. Congeniality, and we hope he will be in attendance on November 17th to see if the business community has voted him to win. • Mrs. Jill Whittaker, 2214 Hopeseed - who introduced herself and spoke as a candidate for City Council Place 3. • Mrs. Susan DeGraffenried, 5140 Columbia Dr., who spoke in favor of agenda item 12 supporting the grant application for development of the Hilltop /Homestead Park. City Secretary Brenda Dennis read the following into record for those that provided information prior to the council meeting. • Mr. Clark McChesney President, Laura Heights Estates HOA - spoke on behalf of their Board of Directors in support of agenda Item 22, rezoning from Manufacturing Light and General Business to Planned Development District. Also, he expressed that development does not come without cost in city services and infrastructure. Took exception to the statement in the background information where it reads there will be minimal impact on public services such as schools, fire, police, etc., They believe every community in Southern Schertz will tell you that they feel they are underserved with routine police patrolling. Chief Hansen's focus on community policing is great, but his department is under- resourced to meet the mission. They rarely see routine police patrols in Laura Heights Estates. On the subject of infrastructure, Graytown and Boenig roads are both substandard and rapidly deteriorating. The speed limit on Graytown at 45 mph is too high for the condition of the road. They encourage council to approve the rezoning change, but only if they also intend to make a future commitment to additional resources for the underserved residents of Southern Schertz. • Mr. John Sullivan, 513 Triple Crown - spoke on his concerns of approving agenda item 22, rezoning from Manufacturing Light and General Business to Planned Development District as it will put increased demands on city staff and services. He stated that generally the impact on city services would not be a major factor, but given we are already understaffed in departments and this is even farther from the city's service points. Rezoning from GB and M- I is likely to have a greater cost to the city long -term. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. The following items were read into record: 1. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of September 22, 2020. (B. Dennis) 2. Resolution No. 20 -R -116 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign and execute Development Agreement Extensions in relation to Development Agreements entered into July of 2010. (B. James /L. Wood /E. Delgado) 3. Resolution No. 20 -R -126 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services in Guadalupe County between, the City of Schertz, and the City of Seguin. (C. Kelm/K. Long) 4. Resolution No. 20 -R -1.27— Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing an amendment to an interlocal agreement with Schertz- Cibolo- Universal City Independent School District (SCUCISD) for EMS services. (C. Kelm /J. Mabbitt) 5. Resolution No. 20 -R -128 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures for the Fire Department with Motorola totaling no more than $120,000.00 for communication equipment during the 2020 -2021 fiscal year and other matters in connection therewith. (C. Kelm/K. Long) 6. Boards, Commissions and Committee Member Appointments - Consideration and /or action appointing Mrs. Judy Goldick for the vacant, alternate position on the Planning & Zoning Commission and appointing Mr. Margarito Banales vacant, alternate position on the Library Advisory Board. (Mayor /Council) 7. Resolution No. 20 -R -129 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz authorizing a Professional Services Contract with Halff Associates, Inc., totaling no more than $390,000, for professional engineering - related services on the Tri- County Parkway reconstruction. (B. James /K. Woodlee /J. Nowak) 6 8. Resolution No. 20 -R -1.30 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures for equipment as part of the FY20 -21 vehicle and equipment replacement program. (C. Kelm /S. Williams /C. Hernandez) 9. Resolution No. 20 -R -123 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas re- appointing Justin Murray to the Board of Directors Place D -2 of the Cibolo Valley Local Government Corporation (CVLGC), and other matters in connection therewith. (C. Kelm/S. Williams /S. McClelland) 10. Resolution 20 -R -122 - Consideration and /or action approving a Resolution by the City Council of th City of Schertz, Texas approving and authorizing a right of way easement with Guadalupe Valley Electric Cooperative, Inc. on the City of Schertz S.W. Quadrant Water Plant property, and other matters in connection therewith. (C. Kelm /S. Williams /S. McClelland) 11. Resolution No. 20 -R -114 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a program and expenditures as provided for in the Economic Development Performance Agreement between Kellum Real Estate, LLC and the City of Schertz Economic Development Corporation. (M. Browne /A. Perez) 12. Resolution No. 20 -R -120 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to submit a Local Parks Grant application to the Texas Parks & Wildlife Department Outdoor Recreation Grants Program for future development of the Hilltop /Homestead Park. (B. James /L. Shrum) 13. Resolution No. 20 -R -117 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving a request for a Schertz Main Street Local Flavor Economic Development Grant for 603 Main. (M. Browne /B. James) 14. Resolution No. 20 -R -121- Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing the purchase of computer equipment in the amount of $88,624.84 from Great South Inc, DBA Computer Solutions. (B. James /M. Clauser) 15. Ordinance No. 20 -S -29 - Consideration and /or action on an amendment of Part III, Schertz Codes of Ordinances, Unified Development Code (UDC), Article 5, Subsection 21.5.8 Permitted Use Table, to amend permitted land uses within the Main Street Mixed Use (MSMU) zoning district. Final Reading (B. James /L. Wood/E. Delgado) 16. Ordinance No. 20 -S -30 - Consideration and/or action on a request to rezone approximately 2.94 acres of land from Single - Family Residential /Agricultural District (R -A) and General Business District (GB) to Neighborhood Services District (NS), located northwest of the intersection between FM 1518 and Schaefer Road, City of Schertz, Bexar County, Texas, also known as DG Schertz Addition Subdivision Lot 2, Block 1. Final Reading (B. James /L. Wood /M. Harrison) 17. Resolution No. 20 -R -124 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Public Library Interlocal Agreement with Guadalupe County. (B. James /M. Uhlhorn) 18. Resolution No. 20 -R -125 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas appointing members to the Alamo Area Council of Governments (AACOG) Regional Emergency Preparedness Advisory Committee. (C. Kelm /K. Long) 19. Ordinance No. 20 -M -34 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City Code of Ordinances Article I. in General, Section 2 -125 Designation of Records Management Officer, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. First Reading (M. Browne /B. Dennis) Councilmember Scagliola asked Council if there were any items to be removed from Consent for separate action. No items were removed. Moved by Councilmember Allison Heyward, seconded by Councilmember Michael Dahle to approve consent agenda items 1 through 19. AYE: Councilmember Tim Brown, Councilmember Mark Davis, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward Passed Discussion and Action Items 20. Ordinance No. 20 -B -36 - Consideration and approval of an Ordinance by the City Council of the City of Schertz, Texas, authorizing the issuance of "City of 'Schertz, Texas, general obligation refunding bonds, series 2020, and other matters incident and related thereto. First and Final Reading (M. Browne /B. James /J. Walters) The following item was read into record: Ordinance No. 20 -B -36 an Ordinance by the City Council of the City of Schertz Texas, authorizing the issuance of "City of Schertz, Texas General Obligation Refunding Bonds, Series 2020 "; levying an annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement, an official bid form, and an escrow deposit letter; complying with the Letter of Representations on file with the Depository Trust Company; authorizing the execution of any necessary Engagement Agreement with the City's Financial Advisors; and providing an effective date. First and Final reading Councilmember Scagliola recognized Finance Director James Walters who stated as previously briefed at the Council's September 22nd Regular meeting, the City has two outstanding debt obligations that can be refunded beginning November 3, 2020, to create annual debt service savings. The Refunded Obligations being considered are the General Obligation Bonds, Series 2011 and the General Obligation Refunding Bonds, Series 2011A. Savings generated from the refunding of the Refunded Obligations will be for the benefit of the City's I &S Fund since those obligations are paid from the I &S Taxes. Mr. Walters introduced Financial Advisor Mark McLiney with SAMCO Capital who provided a presentation regarding the bids that were received and the bond refunding results. Raymond James & Associates, Inc., low bid at 1.171036 %. Preliminary Gross Savings $1,342,223 - Final $1,947,942. Councilmember Dahle stepped off the dais and was not present for the vote. Moved by Councilmember Scott Larson, seconded by Councilmember Mark Davis moved to adopt an ordinance authorizing the issuance of City of Schertz, Texas General Obligation Refunding Bonds, Series 2020. 9 AYE: Councilmember Tim Brown, Councilmember Mark Davis, Councilmember Scott Larson, Councilmember David Scagliola, Councilmember Allison Heyward Passed 21. Resolution No. 20 -R -83 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz authorizing an Interlocal Agreement with the City of San Antonio for the release and acceptance of extraterritorial jurisdiction (ETJ). (M. Browne /B. James) Councilmember Dahle returned to the dais. The following was read into record: Resolution No. 20 -R -83 - A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with the City of San Antonio for the release and acceptance of extraterritorial jurisdiction (ETJ), and related matters in connection Therewith. Councilmember Scagliola recognized Assistant City Manager Brian James who introduced this item stating the City of Schertz was approached by the owner of property in the City of Schertz, generally in the vicinity of Lookout Road and Doerr Lane, about requesting the release of 141 acres of adjacent property they own, that is in the City of San Antonio's extraterritorial jurisdiction (ETJ). The property in question has very limited access as it is bounded by railroad tracks on the north and south sides as well as the Cibolo Creek to the west. It is at the end of Tejas Way, a City of Schertz public street that connects to Doerr Lane. As future development may cross the boundary between City of Schertz and City of San Antonio ETJ, the owner felt the entire property being in the City of Schertz would make development easier. The agreement provides that the City Annex the property - which requires the City to provide services such as Fire and Police service as well as maintenance of public infrastructure. Per the agreement the City would pay half of the fees and taxes collected by the City, as outlined in the agreement to San Antonio for a period of 30 years. After 30 years the City would retain all the taxes and fees paid to the City. As it stands presently, with the property in the ETJ, the City of Schertz would not receive any tax benefits from the property. Staff recommends approval of the resolution to authorize the City Manager to enter into an ILA with the City of San Antonio providing for the release and acceptance of ETJ generally as per the terms of the attached ILA. Staff is waiting to hear if the City of San Antonio has any revisions to the draft 10 agreement. Minor changes can be approved by the City Manager and City Attorney, but substantive changes would require approval by City Council. Mr. James addressed questions from Council. Moved by Councilmember Tim Brown, seconded by Councilmember Allison Heyward to approve Resolution No. 20 -R -83. AYE: Councilmember Tim Brown, Councilmember Mark Davis, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward Passed Public Hearings 22. Ordinance No. 20 -S -33 - Conduct a public hearing and consideration and /or action upon a request to rezone approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive, City of Schertz, Bexar County, Texas, also known as Bexar County Property Identification Numbers 619201 and 619202. First Reading (B. James /L. Wood/N. Koplyay) The following was read into record: Ordinance No. 20 -S -33 - An Ordinance by the City Council of the City of Schertz, Texas amending the official zoning map by rezoning approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive, City of Schertz, Bexar County, Texas, also known as Bexar County property identification numbers 619201 and 619202. First Reading. Councilmember Scagliola recognized Planner 1 Nick Koplyay who provided a PowerPoint presentation introducing this items. Mr. Koplyay the applicant is proposing a zone change for approximately 204 acres of land from General Business District (GB) and Manufacturing Light (M -1) to Planned Development District (PDD). Under the proposed Graytown PDD Development Standards the base zoning for the subject property will be Single - Family Residential /Agricultural District (R -A), and the standards were modeled after the Estate Neighborhood Planned Development District (ENPDD) paradigm outlined in UDC Section 21.5.13. Staff recommends approval. Mr. Koplyay introduced Mr. David Rittenhouse, Developer for the project who came forward also providing a PowerPoint presentation regarding the proposed zoning change. Councilmember Scagliola opened the public hearing for those wishing to speak. As no one spoke; Councilmember Scagliola closed the public hearing for Council comments. Mr. Koplyay addressed questions from council. Moved by Councilmember Michael Dahle, seconded by Councilmember Mark Davis to approve Ordinance 20 -S -33 on first reading. AYE: Councilmember Tim Brown, Councilmember Mark Davis, Councilmember Scott Larson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward Passed Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call vote confirmation for agenda items 1 through 22. Workshop 23. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and update regarding the COVID -10 virus and our current Ordinance No. 20 -H -18 Declaration of Local Disaster. (M. Browne /K. Long) Councilmember Scagliola recognized Fire Chief Kade Long who provided a PowerPoint presentation with updates on COVID -19 to include EOC activities, daily positivity rates, state data, hospitalizations in Bexar, Comal and Guadalupe counties. Chief Long addressed questions. Closed Session Councilmember Scagliola asked staff and guest who were not participating in the closed session to wait outside the chambers until they are finished. Councilmember Scagliola recessed the regular meeting into Closed Session at 7:39 p.m., and the following item was read into record: 24. The City Council will meet in closed session in accordance with Section 551.071 and 551.087 of the Texas Government Code, Consultation with Attorney and 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, or on 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 the Act. • Project E -064 Reconvene into Regular Session Councilmember Scagliola reconvened into regular session at 7:56 p.m. 24A Take any action based on discussion held in closed session - Agenda Item 24. No action taken. Roll Call Vote Confirmation No roll call was taken as no action was provided on agenda item 24A. Information available in City Council Packets - NO DISCUSSION TO OCCUR Councilmember Scagliola mentioned agenda item 25 which was in the council packet as well as on the city website. 25. November 3, 2020, Election Updates - City of Schertz November 3, 2020, Early voting location dates and times for Bexar, Comal, and Guadalupe County as well as County Election day vote center information and sample ballot information. (B. Dennis) Requests and Announcements • Announcements by the City Manager. City Manager Dr. Mark Browne stated that he participated in the "Love where you live" program in Aviation Heights area two weeks ago. Great opportunity and great turnout and very successful event. He looks forward to the next event 13 in six months. • Requests by Mayor and Councilmembers for updates or information from staff. None at this time. • Requests by Mayor and Councilmembers that items or presentations 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 Councilmember Scagliola recognized Council Member Dahle who stated he attended a few events over the last few months. Chamber events, Coffee with the Chamber and the multiple business ribbon cutting events on Main Street. Councilmember Scagliola stated he participated in the Back the Blue Parade. Councilmember Heyward stated she too attended several events. Plaque presentation with The Chamber, MAC luncheon on Randolph Air Force Base, Northeast Partnership luncheon, Texal Municipal League Conference on -line, Back the Blue Parade and the Fire Poster Judging Contest. Councilmember Tim Brown ask if anyone had received the official count of participation on the Back the Blue Parade, Councilmember Heyward stated she believed it was about 260. Adjournment Councilmember Scagliola adjourned the meeting at 7:58 p.m. David Scagliola, Councilmember FINaNWII Brenda Dennis, City Secretary Im Agenda No. 2. ei Olum City Council November 10, 2020 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution No. 20 -R -109 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City manager to enter into an agreement with the YMCA of Greater San Antonio to operate the Schertz Area Senior Center. (B. James /L. Shrum) F7 ----mm --- ---- -- -------- ---- -- BACKGROUND The Schertz Area Senior Center has been operated by the YMCA of Greater San Antonio since 2015, with the original contract period expiring in 2020. Over the last five years, the center has grown in popularity with membership growing from 399 members in 2015 to 1,756 in 2019. Programs have also increased from about 20 per month to 488 per month in 2019. Because of the growth in membership, city staff decided to go through the Request for Proposals (RFP) process to re- evaluate the operations and restructure the agreement going forward. The membership fees paid by senior members will now be collected by the City of Schertz and a monthly fee will be paid to the operator. After the required public posting periods for the RFP, city staff evaluated the proposals. The YMCA of Greater San Antonio was the sole respondent with a proposed monthly fee of $13,353.00 ($160,236.00 annually), with an annual increase afforded to the contractor of no more than 3% of the contract price per year. After reviewing the proposal and verifying program requirements were included, city staff recommended awarding the management contract to the YMCA. The contract is for a period of 5 yeas and allows for an additional 5 extensions each of one year (so up to 10 years. The City can terminate the agreement at will with 5 days notice. GOAL The goal is to award a contract to continue operations of the Schertz Area Senior Center and maintain the success of the center. Programs regarding fitness, health, wellness, nutrition, life enrichment, peer discussion, and support groups were all required components of the successful operations plan. CK1]►lIU111►11111d:10101go21Y11 The Schertz Area Senior Center provides a safe place for seniors to interact, receive a nutritious meal, and participate in recreational programming that enhances their physical, mental, and emotional well- being. The city provides this service to this vulnerable population because it reflects our core values of "Do the Right Thing" and "Treat Others the Way you Want to be Treated." The YMCA of Greater San Antonio has a mission focusing on healthy living, youth development, and social responsibility which aligns well with the goals of the Schertz Area Senior Center. Staff plans to bring a workshop discussio to City Council to discuss the issue or resident and nonresident fees. Given the change in terms of the agreement, with the City keeping all membership fees, the City is able to make that decision without impacting operations of the Senior Center. SUMMARY OF RECOMMENDED ACTION Approval of Resolution 20 -R -109. FISCAL IMPACT The proposed management fee represents a 10% increase from the previous contracted price. The budget for the Senior Center operations comes out of Department 901: City Assistance, and there is currently $260,000 in the budget. Originally, $146,000 was allocated for the operations contract and $114,000 was allocated for the Senior Nutrition Program. We saw a slight decrease in the growth trajectory of number of meals ordered and it remained steady in 2019 and early 2020, so the actual . amount spent on meals is approximately $10,000 less per year (pre- COVID.) City staff also continue to submit reimbursement requests through AACOG from the federal Nutrition Program for Older Americans and the city is receiving 12 -14% of the total cost of the meals per month in reimbursement. This federal reimbursement offsets the additional costs incurred with this management contract price increase. City staff will budget in the 3% percent annual increase allowed per the contract over the next 5 years. RECOMMENDATION Approval of Resolution 20 -R -109. Attachments Senior Center Operations Agreement RESOLUTION NO. 20 -R -109 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE YMCA OF GREATER SAN ANTONIO TO OPERATE THE SCHERTZ AREA SENIOR CENTER, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has completed a Request for Proposals (RFP) process for management and operations of the Schertz Area Senior Center; and WHEREAS, City staff has determined that the YMCA of Greater San Antonio is a qualified vendor and has submitted a qualified proposal; WHEREAS, the City Council has determined that it is in the best interest of the City to enter into an agreement with the YMCA of Greater San Antonio to operate the Schertz Area Senior Center. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with the YMCA of Greater San Antonio to operate the Schertz Area Senior Center. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. 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 , 2020. CITY OF SCHE.RTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ SERVICE AGREEMENT THE STATE OF TEXAS § GUADALUPE COUNTY § This Service Agreement ( "Agreement ") is made and entered by and between the City of Schertz, Texas, (the "City ") a Texas municipality, and YMCA of Greater San Antonio ( "Contractor "). Section 1. Duration This Agreement shall become effective upon the date of the final signature affixed hereto and shall remain in effect through September 30, 2025 with the option to renew for five (5) additional terms of one (1) year each unless terminated as provided for in this Agreement. Section 2. Scope of Work (A) Contractor shall perform the Work as more particularly described in the Scope of Work attached hereto as Exhibit "A ". The work as described in the Scope of Work constitutes the "Project ". (B) The Quality of Work provided under this Agreement shall be of the level of quality performed by Contractors regularly rendering this type of service. (C) The Contractor shall perform its Work for the Project in compliance with all statutory, regulatory and contractual requirements now or hereafter in effect as may be applicable to the rights and obligations set forth in the Agreement. (D) The Contractor may rely upon the accuracy of reports and surveys provided to it by the City except when defects should have been apparent to a reasonably competent Contractor or when it has actual notice of any defects in the reports and surveys. Section 3. Compensation (A) The Contractor shall be paid in the manner set forth in Exhibit "A" and as provided herein. (B) Billing Period. The Contractor may submit an invoice for payment upon completion of the described tasks. Subject to Chapter 2251, Texas Government Code (the "Prompt Payment Act "), payment is due within thirty (30) days of the City's receipt of the Contractor's invoice. Interest on overdue payments shall be calculated in accordance with the Prompt Payment Act. (C) Reimbursable Expenses. Any and all reimbursable expenses related to the Project shall be included in the scope of Work (Exhibit A) and accounted for in the total contract amount. CITY OF SCHERTZ PAGE 1 YMCA of Greater San Antonio Service Agreement (D) Payments Subject to Future Appropriation. This Agreement shall not be construed as a commitment, issue, pledge or obligation of any specific taxes or tax revenues for payment to Contractor. (1) All payments or expenditures made by the City under this Agreement are subject to the City's appropriation of funds for such payments or expenditures to be paid in the budget year for which they are made. (2) The payments to be made to Contractor, or other expenditures under this Agreement, if paid, shall be made solely from annual appropriations of the City as may be legally set aside for the implementation of Article 111, Section 52 -a of the Texas Constitution or Chapter 380 of the Texas Local Government Code or any other economic development or financing program authorized by statute or home rule powers of the City under applicable Texas law, subject to any applicable limitations or procedural requirements. (3) In the event the City does not appropriate funds in any fiscal year for payments due or expenditures under this Agreement, the City shall not be liable to Contractor for such payments or expenditures unless and until appropriation of said funds is made; provided, however, that Contractor, in its sole discretion, shall have the right but not the obligation to terminate this Agreement and shall have no obligations under this Agreement for the year in respect to which said unappropriated funds relate. (4) To the extent there is a conflict of this Section and any other language or covenants in this Agreement, this Section 3 shall control. Section 4. Time of Completion The prompt completion of the Work under the Scope of Work relates is critical to the City. Unnecessary delays in providing Work under a Scope of Work shall be grounds for dismissal of the Contractor and termination of this Agreement without any or further liability to the City other than a prorated payment for necessary, timely, and conforming work done by Contractor prior to the time of termination. Section 5. Insurance Before commencing work under this Agreement, Contractor shall obtain and maintain the liability insurance provided for below throughout the term of the Project plus an additional two years. Contractor shall provide evidence of such insurance to the City. Such documentation shall meet the requirements noted in Exhibit B. Contractor shall maintain the following limits and types of insurance: Workers Compensation Insurance: Contractor shall carry and maintain during the term of this Agreement, workers compensation and employers liability insurance meeting the requirements of the State of Texas on all the Contractor's employees carrying out the work involved in this contract. General Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability not CITY OF SCHERTZ PAGE 2 YMCA of Greater San Antonio Service Agreement less than $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be no less than $1,000,000. As a minimum, coverage for Premises, Operations, Products and Completed Operations shall be $2,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be no less than $2,000,000. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of this contract by the Contractor or its employees. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. Qualifying Insurance: The insurance required by this Agreement shall be written by non - assessable insurance company licensed to do business in the State of Texas and currently rated "B +" or better by the A.M. Best Companies. All policies shall be written on a "per occurrence basis" and not a "claims made" form. Evidence of such insurance shall be attached as Exhibit "C ". Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. Section 6. Miscellaneous Provisions (A) Subletting. The Contractor shall not sublet or transfer any portion of the work under this Agreement or any Scope of Work issued pursuant to this Agreement unless specifically approved in writing by the City, which approval shall not be unreasonably withheld. Subcontractors shall comply with all provisions of this Agreement and the applicable Scope of Work. The approval or acquiescence of the City in the subletting of any work shall not relieve the Contractor of any responsibility for work done by such subcontractor. (B) Compliance with Laws. The Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, administrative, or regulatory bodies in any matter affecting the performance of this Agreement, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish the City with satisfactory proof of compliance. (C) Independent Contractor. Contractor acknowledges that Contractor is an independent CITY OF SCHERTZ PAGE 3 YMCA of Greater San Antonio Service Agreement contractor of the City and is not an employee, agent, official or representative of the City. Contractor shall not represent, either expressly or through implication, that Contractor is an employee, agent, official or representative of the City. Income taxes, self - employment taxes, social security taxes and the like are the sole responsibility of the Contractor. (D) Non - Collusion. Contractor represents and warrants that Contractor has not given, made, promised or paid, nor offered to give, make, promise or pay any gift, bonus, commission, money or other consideration to any person as an inducement to or in order to obtain the work to be provided to the City under this Agreement. Contractor further agrees that Contractor shall not accept any gift, bonus, commission, money, or other consideration from any person (other than from the City pursuant to this Agreement) for any of the Work performed by Contractor under or related to this Agreement. If any such gift, bonus, commission, money, or other consideration is received by or offered to Contractor, Contractor shall immediately report that fact to the City and, at the sole option of the City, the City may elect to accept the consideration for itself or to take the value of such consideration as a credit against the compensation otherwise owing to Contractor under or pursuant to this Agreement. (E) Force Majeure. If the performance of any covenant or obligation to be performed hereunder by any party is delayed as a result of circumstances which are beyond the reasonable control of such party (which circumstances may include, without limitation, pending litigation, acts of God, war, acts of civil disobedience, fire or other casualty, shortage of materials, adverse weather conditions [such as, by way of illustration and not of limitation, severe rain storms or below freezing temperatures, or tornados] labor action, strikes or similar acts, moratoriums or regulations or actions by governmental authorities), the time for such performance shall be extended by the amount of time of such delay, but no longer than the amount of time reasonably occasioned by the delay. The party claiming delay of performance as a result of any of the foregoing force majeure events shall deliver written notice of the commencement of any such delay resulting from such force majeure event not later than seven (7) days after the claiming party becomes aware of the same, and if the claiming party fails to so notify the other party of the occurrence of a force majeure event causing such delay and the other party shall not otherwise be aware of such force majeure event, the claiming party shall not be entitled to avail itself of the provisions for the extension of performance contained in this subsection. (F) Conflict of Terms. Scope of work. In the case of any conflicts between the terms of this Agreement within the Scope of Work, this Agreement shall govern. The Scope of Work is intended to detail the CITY OF SCHERTZ PAGE 4 YMCA of Greater San Antonio Service Agreement technical scope of Work, fee schedule, and contract time only and shall not dictate Agreement terms. Other Agreements between parties. In the case of any conflicts between the terms of this Agreement and wording contained within any other attachment, amendment, and agreement executed between the parties in conjunction with this Agreement, this Agreement shall govern. (G) Non - Boycott of Israel. Pursuant to Section 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Contractor shall state any facts that make it exempt from the boycott certification as an attachment to this agreement. Relevant definitions from the bill: "Company" means a for - profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made for ordinary business purposes. Section 7. Termination (A) This Agreement may be terminated: (1) By the mutual agreement and consent of both Contractor and City; (2) By either party, upon the failure of the other party to fulfill its obligations as set forth in either this Agreement or a Scope of Work issued under this Agreement; (3) By the City, immediately upon notice in writing to the Contractor, as consequence of the failure of Contractor to perform the Work contemplated by this Agreement in a timely or satisfactory manner; (4) By the City, at will and without cause upon not less than five (5) days written notice to the Contractor. (B) If the City terminates this Agreement pursuant to subsection 7(A)(2) or (3), above, the Contractor shall not be entitled to any fees or reimbursable expenses other than the fees and reimbursable expenses then due and payable as of the time of termination and only then for those Work that have been timely and adequately performed by the Contractor considering the actual costs incurred by the Contractor CITY OF SCHERTZ PAGE 5 YMCA of Greater San Antonio Service Agreement in performing work to date of termination, the value of the work that is nonetheless usable to the City, the cost to the City of employing another Contractor to complete the work required and the time required to do so, and other factors that affect the value to the City of the work performed at time of termination. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all basic, special, and additional Work actually performed prior to termination, together with any reimbursable expenses then due. Section 8. Indemnification CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE CITY OF SCHERTZ, TEXAS AND ALL OF ITS PRESENT, FUTURE AND FORMER AGENTS, EMPLOYEES, OFFICIALS AND REPRESENTATIVES HARMLESS IN THEIR OFFICIAL, INDIVIDUAL AND REPRESENTATIVE CAPACITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LIENS AND EXPENSES (INCLUDING ATTORNEYS FEES, WHETHER CONTRACTUAL OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY), COSTS AND DAMAGES (WHETHER COMMON LAW OR STATUTORY, AND WHETHER ACTUAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL), OF ANY CONCEIVABLE CHARACTER, FOR INJURIES TO PERSONS (INCLUDING DEATH ) OR TO PROPERTY (BOTH REAL AND PERSONAL) CREATED BY, ARISING FROM OR IN ANY MANNER RELATING TO THE WORK OR GOODS PERFORMED OR PROVIDED BY CONTRACTOR - EXPRESSLY INCLUDING THOSE ARISING THROUGH STRICT LIABILITY OR UNDER THE CONSTITUTIONS OF THE UNITED STATES. Section 9. Notices Any notice required or desired to be given from one party to the other party to this Agreement shall be in writing and shall be given and shall be deemed to have been served and received (whether actually received or not) if (i) delivered in person to the address set forth below; (ii) deposited in an official depository under the regular care and custody of the United States Postal Service located within the confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (iii) delivered to such party by courier receipted delivery. Either party may designate another address within the confines of the continental United States of America for notice, but until written notice of such change is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. Section 10. No Assignment Neither party shall have the right to assign that party's interest in this Agreement without the prior written consent of the other party. Section 11. Severability If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. Section 12. Waiver CITY OF SCHERTZ PAGE 6 YMCA of Greater San Antonio Service Agreement Either City or the Contractor shall have the right to waive any requirement contained in this Agreement that is intended for the waiving party's benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Section 13. Governing Law; Venue This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Guadalupe County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Guadalupe County, Texas. Section 14. Paragraph Headings; Construction The paragraph headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the negotiation and preparation of this Agreement and this Agreement shall not be construed either more or less strongly against or for either party. Section 15. Binding Effect Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal and legal representatives, successors and assigns. Section 16. Gender Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. Section 17. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Section 18. Exhibits & Attachments All exhibits and attachments to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. Section 19. Entire Agreement It is understood and agreed that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. Section 20. Relationship of Parties CITY OF SCHERTZ PAGE 7 YMCA of Greater San Antonio Service Agreement Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between the parties, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the parties hereto shall be deemed to create any relationship between the parties other than the relationship of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. Section 21. Right To Audit City shall have the right to examine and audit the books and records of Contractor with regards to the work described in Exhibit A, or any subsequent changes, at any reasonable time. Such books and records will be maintained in accordance with generally accepted principles of accounting and will be adequate to enable determination of: (1) the substantiation and accuracy of any payments required to be made under this Agreement; and (2) compliance with the provisions of this Agreement. Section 22. Dispute Resolution In accordance with the provisions of Subchapter 1, Chapter 271, TEX. LOCAL GOVT CODE, the parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this agreement, the parties will first attempt to resolve the dispute by taking the following steps: (1) A written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied party to the other party, which notice shall request a written response to be delivered to the dissatisfied party not less than 5 days after receipt of the notice of dispute. (2) If the response does not reasonably resolve the dispute, in the opinion of the dissatisfied party, the dissatisfied party shall give notice to that effect to the other party whereupon each party shall appoint a person having authority over the activities of the respective parties who shall promptly meet, in person, in an effort to resolve the dispute. (3) If those persons cannot or do not resolve the dispute, then the parties shall each appoint a person from the highest tier of managerial responsibility within each respective party, who shall then promptly meet, in person, in an effort to resolve the dispute. Section 23. Disclosure of Business Relationships /Affiliations; Conflict of Interest Questionnaire Contractor represents that it is in compliance with the applicable filing and disclosure requirements of Chapter 176 of the Texas Local Government Code. Certificate of Interested Parties Effective January 1, 2016, pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Schertz City Council will require the on -line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application. CITY OF SCHERTZ PAGE 8 YMCA of Greater San Antonio Service Agreement Please visit the State of Texas Ethics Commission website, ttso lwwwaetics.state.txat�s /watsnew /elf info form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information. IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR. [The remainder of this page is intentionally left blank.] CITY OF SCHERTZ PAGE 9 YMCA of Greater San Antonio Service Agreement EXECUTED on this the day of , 20_. [44 11 0 Name: Dr. Mark Browne Title: City Manager ADDRESS FOR NOTICE: [0111 City of Schertz Attn: Dr. Mark Brown, City Manager 1400 Schertz Parkway Schertz, Texas 78154 CITY OF SCHERTZ YMCA of Greater San Antonio Service Agreement CONTRACTOR: By: Name: Title: CONTRACTOR: PAGE 10 • Scope of Work The contractor shall provide all equipment, materials, and personnel necessary to complete the following minimum requirements. Senior Center will continue to serve citizens 50 years and older, with leisure, wellness, civic, and educational opportunities for the purpose of enriching quality of life, expanding interest and o ering exposure in areas by seniors in a safe and wholesome environment. The YMCA of Greater San Antonio aims to maintain and eventually increase center membership through innovative programming and robust strategic community outreach. A. Program Overview Aligning with the purpose of managing and operating the Schertz Area Senior Center, the YMCA of Greater San Antonio will provide continuation and enhancement of programming to seniors residing in Schertz and the surrounding communities. The center will harbor opportunities for seniors to experience a strong sense of belonging while building a network of friends who provide supportive communities for sustained individual health and wellbeing. Currently, the Schertz Area Senior Center has over 80 members that volunteer as congregate meal servers, front desk greeters, instructing mentors, choir singers and committee members that total 12,387 hours in 2019 (1,032 hours monthly average). The Y recognizes that keeping older adults healthy and active enriches entire communities because it empowers them to participate more fully in their families and neighborhoods. The Y will provide opportunities for seniors to participate in the day -to -day operation of the center, further enhancing a sense of pride and purpose. Direction will be sought out from members via input survey solicitation both on a monthly basis by program sta and at the leisure of the member. Surveys and requests for programming will be of easy access at all times. With the direction of the seniors, the Y will continue to populate the center with beloved and new enriching activities, providing seniors with opportunities to interact with peers, become involved in their community and to participate in and contribute to the culture of the City of SchertZ. B. Program Activities and Components a. Fitness, Health, and Wellness and trained Y Fitness Instructors along with the collaborative parties will lead various exercise and mobilization classes at the Schertz Area Senior Center and additional locations of the Schertz Family YMCA and the Aquatics Complex. CITY OF SCHERTZ PAGE I I YMCA of Greater San Antonio Service Agreement Ongoing Fitness, Health and Wellness Programs offered at the Senior Center include but are not limited to: A Matter of Balance This is an award winning program offered by AACOG designed to reduce the fear of falling and increase acvity levels A.O.A Adaptive Yoga Fall Preven on and Balance Yoga will move your body through a complete series of seated and standing poses. Chair support is to offer safely. Aqua Fit, Water Resistance based in -water workout designed for everyone, Aerobics, Water but especially those with joint ailments or injuries. Zumba Chair Volleyball Fun - filled game played with a beach ball and volleyball net. Chair volleyball is great for upper body mobility and joint flexibility. Diabetes Preven on A trained lifestyle coach facilitates a small group of adults to discuss behavior changes that can improve the health of parcipants. The program consists of 25 one- hour sessions delivered over the course of a year. Silver Sneakers Classic Move to the music through a variety of exercises to increase muscular strength, range of movement and acvi es for daily living. Pickleball Paddlesport that combines elements of tennis, badminton and table tennis. WeIIMed Arthri s WeIIMed staff allows par cipants to exercise without Exercises pu ng excess strain on your joints and muscles. Line Dancing Line dancing presents itself as the perfect form of exercise for older people because it provides the benefits of an aerobic workout which maintains a healthy heart and also provides a pla orm to get involved in a social environment. Silver Sneakers Yoga Yoga will move your body through a complete series of and Gentle Yoga seated and standing poses. Chair support is offered to safely perform a variety of postures. Zumba & Zumba Gold Senior Based Zumba fuses hypno c La n rhythms and easy to follow moves to create a dynamic fitness class! Texas A &M AgriLife Held twice a year seasonally, members form teams and Walk Across Texas complete health and wellness tasks converted upon compleon in miles to see how far they have crossed our State. This come on is held regionally and state wide. CITY OF SCHERTZ PAGE 12 YMCA of Greater San Antonio Service Agreement Walking Club Held twice a year seasonally, members walk a specific course to and from the Senior Center. Members will walk for 8 to 10 weeks and upon comple on receive health and wellness gear provided by the YMCA. b. Nutrition The Nutrion and Lunch component of the program will be met as a continuation of the senior center's previously established meal program collaboration with the City of Schertz. The City of Schertz will provide the funding for the nutrition program. Currently free meals are provided to seniors for lunch Monday — Friday (excluding city holidays.) The meals are nutritionally balanced for seniors and include juice or milk. Any additional coffee or tea served in the center is considered part of supplies and is provided by the YMCA of Greater San Antonio. The cost of the nutrition program is parally reimbursed from federal funds, and the City of Schertz will continue to administer that grant program. The Senior Center Director will administer the data collection on site for the program and provide it to the city. Ongoing Nutrition Programs offered at the Senior Center will include but not be limited to: Texas AgriLife Nutrition Texas Agrilife Extension Staff provide food and Lectures Nutrition education to vulnerable limited resource senior adults residing in our community. Cooking Well with A series of four, fun, interactive classes packed Diabetes with research based information and delicious diabetes friendly recipes. Diabetes Prevention Offered by Y Healthy Living, this program helps Program adults at high risk of developing type 2 diabetes adopt and maintain healthy lifestyles. The YMCA's Diabetes Prevention Program is part of the CDC - led National Diabetes Prevention Program. Lecture Series: Assist adults diagnosed with hypertension to Adherence & lower Blood Glucose Monitoring their systolic and diastolic blood pressure through the simple process of checking and recording their blood pressure at least twice a month over a four -month period. CITY OF SCHERTZ PAGE 13 YMCA of Greater San Antonio Service Agreement AACOG - Texercise: A statewide health and wellness initiative of the Exercise and Nutrion Texas Health and Human Services Commission (HHSC) that encourages individuals and communities to adopt healthy lifestyle habits such as regular physical activity and good nutrition . Texas A &M AgriLife Presented by the Texas A &M Agrilife Extension Eat Smart Service. Enjoy fun and lively activities with other older adults. Participants talk about easy ways to make smart food choices and exercise more. WeIIMed Health WeIIMed Staff provide a complimentary health Screenings screening for seniors. No appointment is necessary c. Life Enrichment To further enhance the senior program -scope in the focus area of Life Enrichment, the collaborative parties have been able to add additional group recreational programming , offering senior members with acvi es such as social clubs, volunteer activities , arts, sewing, gardening, etc. Social clubs reinforce the Y's goals to help individuals improve and move to a higher state of well -being by enhancing self - worth, fostering positive relationships, improving holistic health, and inspiring leadership. Group activities encourage senior social interaction by providing meaningful engagement that enhance a sense of belonging, and provide opportunities for involvement in program planning and delivery. Group activities will also include recreational and team - building games such as Poker, Pinochle, 7's Canasta (card games), Wii bowling and sports, etc Ongoing Life Enrichment Courses offered at the Senior Center will include but not be limited to: Be Senior Tech Savvy Class designed to teach seniors technology basics including how to browse the internet, check their email, stay in touch with friends, manage finances, etc City of Schertz Library The City of Schertz Library has staff that come over once IT Tech Help a month to provide support and instruction on using ma CITY OF SCHERTZ PAGE 14 YMCA of Greater San Antonio Service Agreement CITY OF SCHERTZ PAGE 15 YMCA of Greater San Antonio Service Agreement technical devices from cell phones to computers. Card & Board Games Members engage in social conversation whilst playing card games like poker, Uno, dominoes, Mahjong, Pinochle, Wii Sports, etc. Coloring Book Club Intricately detailed coloring books for adults have become a popular way to de- stress. Bring your own coloring books or utilize the materials provided Crochet Club This class is for anyone, beginner to advanced, who is interested in the art of crochet. Faith and Finance Class designed to teach participants how to make a spending plan, manage debt and loans, set savings goals, overcome past financial mistakes, build credit, and so much more City of Schertz Local job fair designed for full and part me jobs for ages Economic Development 50 +. Hiring Fair Legal Assistance Program offered through AACOG available to limited - income seniors who are eligible to participate that assists with creating a will, Power of Attorney, medical directives, etc Medicare Benefits A state certified Benefits Counselor with AACOG provides Counseling assistance on understanding medical benefits Texas A &M Senior An interac ve discussion on senior driver road safety Driver Educational concerns followed by an interactive game of driver Bingo Activity Sewing & Crafts Sew with a friend, or meet new friends. Finish those projects and get help with a sewing technique; you can start or finish a sewing project Schertz Silver A non - profit senior adult community choir to promote Serenaders Choir community service, patriotism, and Christianity through the musical arts Golden Gardening In collaboration with the local Texas Master Gardeners provides programs seasonally within the Center's Gardening Areas and various rooms pending on projects. This program is geared towards and Seniors living environment and participants get to take projects home. NCOA Aging Maste In collaboration with WellMed, the NCOA Aging Mastery CITY OF SCHERTZ PAGE 15 YMCA of Greater San Antonio Service Agreement Program Program is a fun and engaging education and behavior change incentive program for aging well. The classroom experience is a mix of didactic and interactive learning with d. Peer Discussion and Support Groups At any age, it is important to surround yourself with a group of supportive individuals. Support groups can make a tremendous difference in how seniors cope with the life changes aging presents. Peer discussion and support groups are offered to senior center members on a weekly basis as a dedicated time of discussion and support. Groups will discuss topics of interest including senior benefits, healthcare, disease - prevention and management, stress - relieving and relaxation techniques, etc. Ongoing Peer Discussion and Support Groups Programs offered at the Senior Center include but are not limited to: Annual Art Show Held every Spring to highlight seniors works of art completed in Painting with Pat classes offered at the Senior Center Bingo Nights Held every other month. Sponsored through local partners to provide prizes and food. City of Schertz gets revenue. YMCA covers expenditures if sponsorship is not obtained Book Expo Held annually opposite of the City of Schertz Library Book Expo. This event highlights local Senior writers with readings and opportunities to purchase published books Casino Trips Offered every other month. This trip is organized through G &K Tours. The cost is $5 and takes Seniors to Lucky Eagle Casino for the day. Choir Concerts Held monthly by the Schertz Silver Serenaders Choir. Additionally offered by SCUCISD school choirs throughout the ye ar, especially during holidays. CITY OF SCHERTZ PAGE 16 YMCA of Greater San Antonio Service Agreement Craft Fairs and Held quarterly and highlights Seniors craftsmanship and Bazaars other items for sale at reasonable prices. The fairs and bazaars are juried and revenue from these events go to the City of Schertz. Dances Held at varied times at the request of members. City of Schertz receives the revenue. Dances are sponsored with a local partner providing refreshments. DJ and decor are part of YMCA expenditures Grab Bag Sales Held throughout the year with all items for sale donated by members and the local community. Members are given the opportunity to fill a bag for a low price. A chance for our seniors to purchase items for their home, family and friends. City of Schertz receives the revenue. Fairs & Expos Held in collaboration with varied life enrichments partners covering topics of Veterans Affairs, Medicare, AACOG, Job Opportunities and Health & Wellness organizations. Monthly Birthday Held on the last Friday of each month an opportunity to Celebration & Raffle celebrate birthdays. Cupcakes, Ice Cream and special door prizes are provided by partners and the YMCA. A raffle is held in conjunction with this event. The raffle revenue goes to the City of Schertz Movin' On Main Held every Spring, the Senior Center Director is responsible for the Senior Zone. The Senior Zone consists of vendor booths, Group Exercise, Chair Volleyball and a transportation zone for all local Assisted Living Facilities to use as an access oint for this City of Schertz event. National Day of Held the first Thursday in May, members participate in a Prayer spiritual walk to the Schertz Family YMCA where they have reserved seating for this local community event. Refreshments and an opportunity to talk to local leaders about the pillars within our community Holiday Celebrations Members and partners collaborate to celebrate specific holidays throughout the calendar year. Celebrations include but are not limited to: Fat Tuesday Parade, St. Patrick's Day, Easter Bonnet Parade, Mother's Day, Father's Day, Flag Day, Grandparents Day, Halloween Costume Contest, Thanksgiving and Christmas Holidays. National Senior National event held the last Wednesday in May. This event Health & Fitness recognizes seniors striving for healthier lifestyles. An expo is Day held with various local partners, door prizes, giveaways and a chance for seniors to show their fitness availability through competition and games throughout the day. RACAP Drives Collaboration with RACAP and the members of the Senior Center to participate in collection drives for Pack the Bus, CITY OF SCHERTZ PAGE 17 YMCA of Greater San Antonio Service Agreement C. Management Plan A. COMMUNITY COOPERATION The YMCA of Greater San Antonio will implement a process based upon the Asset Based Community Development (ABCD) framework, an evidence - based community capacity model. This framework brings together a variety of community stakeholders to build on the skills of local residents, the power of local associations, and the existing community strengths to build stronger, more sustainable programs. Such assets in the city of Schertz and surrounding areas include the community center, public library, school district, local businesses, and local retirees. In collaboration, the Y will utilize the resources of each of these assets in efforts to paint the Schertz Area Senior Center and local Y as a hub for local seniors. This intergenerational vision will unify all age groups allowing them to learn from each other and enjoy different perspectives and shared activities. Currently the Schertz Family YMCA and management of the Schertz Area Senior Center has maintained and established over 50 partnerships and collaborations to provide programming and services to senior center members and the local senior community. These collaborations have been it the form of program and event sponsorships to lecture series and life enrichment services offered to the members of the Senior Center. For grants and additional funding the YMCA has received funding from the WeIIMed Charitable Foundation upon the completion of the Senior Center expansion by the City of Schertz to incorporate new furnishings for the reception and office areas, new piano for the Schertz Silver Serenaders Choir, new chairs and group exercise equipment for the multi - purpose rooms and main studio. In addition, funding was used to purchase computers and furnishings for the Library and resource room at the Senior Center 6 I l I : CITY OF SCHERTZ PAGE 18 YMCA of Greater San Antonio Service Agreement Food Can Drives, Thanksgiving Meal Baskets and Holiday Family Gift Giving. YMCA Senior An association wide event where special classes and events Appreciation Week are held throughout the week in appreciation of Seniors. Giveaways, door prizes and special treats are provided daily throu out the operation hours of the Senior Center Senior Road Trips Road Trips are offered quarterly at various locations within a two hour radius of the Center. Road Trips consist of museums, farms, shopping , points of interest and lunch. Lunch is provided for those who qualify for financial assistance from the YMCA. Bus Transportation expenditures are paid by the YMCA. Admissions and driver gratuity are paid for with the Member trip fee that varies from $5 to $20 endin on location, activities planned and giveaways C. Management Plan A. COMMUNITY COOPERATION The YMCA of Greater San Antonio will implement a process based upon the Asset Based Community Development (ABCD) framework, an evidence - based community capacity model. This framework brings together a variety of community stakeholders to build on the skills of local residents, the power of local associations, and the existing community strengths to build stronger, more sustainable programs. Such assets in the city of Schertz and surrounding areas include the community center, public library, school district, local businesses, and local retirees. In collaboration, the Y will utilize the resources of each of these assets in efforts to paint the Schertz Area Senior Center and local Y as a hub for local seniors. This intergenerational vision will unify all age groups allowing them to learn from each other and enjoy different perspectives and shared activities. Currently the Schertz Family YMCA and management of the Schertz Area Senior Center has maintained and established over 50 partnerships and collaborations to provide programming and services to senior center members and the local senior community. These collaborations have been it the form of program and event sponsorships to lecture series and life enrichment services offered to the members of the Senior Center. For grants and additional funding the YMCA has received funding from the WeIIMed Charitable Foundation upon the completion of the Senior Center expansion by the City of Schertz to incorporate new furnishings for the reception and office areas, new piano for the Schertz Silver Serenaders Choir, new chairs and group exercise equipment for the multi - purpose rooms and main studio. In addition, funding was used to purchase computers and furnishings for the Library and resource room at the Senior Center 6 I l I : CITY OF SCHERTZ PAGE 18 YMCA of Greater San Antonio Service Agreement The YMCA of Greater San Antonio is committed to providing a work environment that is pleasant, healthful, comfortable, and free from intimidation, hostility or other offenses, which may interfere with work performance. Harassment of any kind, including verbal, physical, and /or visual, will not be tolerated. The YMCA of Greater San Antonio expects a workplace free of all forms of harassment and will not tolerate any abusive conduct or treatment. Equal Employment Opportunity has been, and will continue to be, a fundamental principle at the YMCA of Greater San Antonio, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, disability, veteran status, sexual orientation, or any other protected characteristic as established by law. Employees of the YMCA of Greater San Antonio have access to confidential, sensitive, and proprietary information relating to the organization, its members, employees and volunteers. Salary, medical history, criminal background inquiries, disciplinary matters and other personal information relating to employees /volunteers shall be treated as strictly confidential and maintained in a manner designed to ensure confidentiality in accordance with applicable laws. Employees of the YMCA of Greater San Antonio must conduct themselves in a manner consistent with our rules of conduct, especially as it relates to confidentiality. C. CODE OF CONDUCT It is the responsibility of every YMCA of Greater San Antonio employee to treat all employees, program participants, members, and vendors with respect and professionalism. Adhering to the standards of conduct is critical for the protection and safety of all employees of the organization. As such, all employees shall uphold the following standards of conduct: Honesty; Courteous treatment of all co- workers, program participants, and members Respect for all colleagues, regardless of age, race, color, religion, gender, veteran status, disability, sexual orientation, or other protected class; Proper handling of employee property and records; Maintain ethical and efficient work habits; Maintain confidentiality of sensitive information; Cooperation with co- workers, program participants, and members; Follow rules of professional and personal conduct including refraining from abuse, neglect, or harassment of any person; and Refrain from controlled substance or alcohol use at the workplace. In addition, all full -time, part -time and contracted employees will be required to successfully pass a criminal background check (CBC), with demonstrated equivalency to the pre - employment CBC required of YMCA and City of Schertz employees. CITY OF SCHERTZ PAGE 19 YMCA of Greater San Antonio Service Agreement D. PROGRAM GOALS a. Achieve national accreditation recognized by the National Council of Aging (NCOA) as well as obtain official membership for the National Institute for Senior Centers recognized by NCOA b. Experience improvement of overall health, wellness and wellbeing (mind, body and spirit) of members. c. Develop effective fundraising initiatives to aid in sustaining programming and development d. Develop new programs and opportunities for the baby boomer generation, making one in five U.S. residents retirement -age by 2030. e. Add at least three (3) nutrition classes to promote a healthy lifestyle among members f. Establish a monthly recognition program for volunteers that make a difference everyday at the Schertz Area Senior Center g. Effectively organize suitable and stimulating quarterly outings/field-trips (minimum of four (4) per year) h. Increase partnerships with local businesses and organizations to increase outreach to senior citizens E. EVALUATION (SELF AND PARTICIPANT ASSESSMENT) a. PARTICIPANT ASSESSMENTS: The YMCA program director will work in partnership with the City of Schertz to establish a proper electronic survey assessment system that can be monitored closely by both pares. Surveys will cover topics such as but not limited to: participant satisfaction, physical and social engagement levels, programs and activities offered, connection to support services, staffing and volunteer opportunities, quality of life, health and lunch programs, etc. b. MANAGEMENT ASSESSMENTS: The YMCA Program director will work effectively to generate a goal driven performance plan for the senior center. The director will work closely with the Regional Vice President of the YMCA to establish assessments of job performance, monitored quarterly. Assessments will be presented to the area YMCA Regional Director for quality assurance and establishing areas in need of improvement. Program staff will conduct an annual membership satisfaction survey with all center members that will be compiled for quality assurance and program evaluation. The evaluation report is to be presented to the appropriate City of Schertz representative to act as an annual program progress report. Additionally, a quarterly financial report generated by program staff will be CITY OF SCHERTZ PAGE 20 YMCA of Greater San Antonio Service Agreement approved by the YMCA of Greater San Antonio's District Vice President and Accounting Department. Once approved, the financial report will be submitted to the appropriate City of Schertz representative. The center's program director will work in collaboration with the peer - elected members of the Advisory Board of the Schertz Area Senior Center to provide input and recommendations regarding the facility and the services offered. Meetings are held every other month with an annual report given once a year to the established pares. The Director will also provide monthly reports on attendance, programs, and events. General Information A. Facility, Furniture, Equipment, and Maintenance The City of Schertz will provide the building and furnishings (to include tables, chairs, some minimal office furniture, kitchen appliances, business telephone system, in- ceiling speaker /audio system, etc.) The City of Schertz will provide capital repairs (to include foundation, structural, HVAC, major plumbing, major electrical), landscaping, irrigation, parking lot maintenance, and utilities. Janitorial services and minor repairs will be the responsibility of the entity awarded the contract. B. Nutrition Program The City of Schertz will provide the funding for the nutrition program. Currently free meals are provided to seniors for lunch Monday — Friday (excluding city holidays.) The meals are nutritionally balanced for seniors and include juice or milk. Any additional coffee or tea served in the center is considered part of janitorial supplies and is provided by the respondent. The cost of the nutrition program is partially reimbursed from federal funds, and the City of Schertz will continue to administer that grant program. The awarded entity will administer the data collection on site for the program and provide to the city (likely utilizing the CivicRec software.) C. Membership Fees Current membership fees to join the Schertz Area Senior Center are $36 per person annually or $62 per couple. The city regularly reviews the fee structure for the Senior Center membership and reserves the right to modify the membership fees to include resident fees, non - resident fees, etc. The city will provide a membership software system (CivicRec) for the applicant to administer the membership program. All membership fees will be retained by the City. D. Facility Rentals Church groups, civic groups, and youth sports associations have utilized the Senior Center for meetings and events in the past and it is the city's desire that those groups can continue to utilize the facility. Facility rentals are to be administered by the awarded entity and revenues from those rentals will remain with the awarded entity. CITY OF SCHERTZ PAGE 21 YMCA of Greater San Antonio Service Agreement E. Senior Center Advisory Board The Schertz Area Senior Center has an established advisory board that provides input and recommendations regarding senior center programs and policies to the Senior Center Director (of awarded entity) and the Director of Parks, Recreation, and Community Services Department regarding senior center programs and policies. The awarded entity will need to incorporate the administration of the board into the management plan. F. Donations, Grants, and Sponsorships The Schertz Area Senior Center receives donations from various entities for various purposes. Additionally the city is required to have a donation box specifically for the Nutrition Program as part of the federal reimbursement program. The City of Schertz will disburse all donations. The Senior Center Advisory Board also raises funds for various projects and events at the center and all funds raised by the board will be disbursed by the City of Schertz for designated use at the senior center. Any additional grants pursued by the awarded entity will be administered by the entity, as well as any sponsorships for activities such as bingo or dances. G. Background Checks Contractor staff working on -site at the Senior Center will be required to pass a standard background check. The Contractor will be required to submit proof of background check prior to commencing work. OPERATING COSTS The monthly base fee for the management and operation of the Schertz Area Senior Center is $ 13,353 per month. The contractor shall be afforded an annual increase not to exceed three (3) percent of the contract price. Contractor shall submit revised annual base fee to City no later than May 1 of each contract year. CITY OF SCHERTZ PAGE 22 YMCA of Greater San Antonio Service Agreement REQUIREMENTS FOR ALL INSURANCE DOCUMENTS The Contractor shall comply with each and every condition contained herein. The Contractor shall provide and maintain the minimum insurance coverage set forth below during the term of its agreement with the City. Any Subcontractor(s) hired by the Contractor shall maintain insurance coverage equal to that required of the Contractor. It is the responsibility of the Contractor to assure compliance with this provision. The City of Schertz accepts no responsibility arising from the conduct, or lack of conduct, of the Subcontractor. INSTRUCTIONS FOR COMPLETION OF INSURANCE DOCUMENT With reference to the foregoing insurance requirements, Contractor shall specifically endorse applicable insurance policies as follows: 1. The City of Schertz shall be named as an additional insured with respect to General Liability and Automobile Liability on a separate endorsement. 2. A waiver of subrogation in favor of The City of Schertz shall be contained in the Workers Compensation and all liability policies and must be provided on a separate endorsement. 3. All insurance policies shall be endorsed to the effect that The City of Schertz will receive at least thirty (30) days written notice prior to cancellation or non - renewal of the insurance. 4. All insurance policies, which name The City of Schertz as an additional insured, must be endorsed to read as primary and non - contributory coverage regardless of the application of other insurance. 5. Chapter 1811 of the Texas Insurance Code, Senate Bill 425 82(R) of 2011, states that the above endorsements cannot be on the certificate of insurance. Separate endorsements must be provided for each of the above. 6. All insurance policies shall be endorsed to require the insurer to immediately notify The City of Schertz of any material change in the insurance coverage. 7. All liability policies shall contain no cross - liability exclusions or insured versus insured restrictions. 8. Required limits may be satisfied by any combination of primary and umbrella liability insurances. 9. Contractor may maintain reasonable and customary deductibles, subject to approval by The City of Schertz. 10. Insurance must be purchased from insurers having a minimum AmBest rating of B +. 11. All insurance must be written on forms filed with and approved by the Texas Department of Insurance. (ACORD 25 2010105). Coverage must be written on an occurrence form. 12. Contractual Liability must be maintained covering the Contractors obligations contained in the contract. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent and shall contain provisions representing and warranting all endorsements and insurance coverages according to requirements and instructions contained herein. 13. Upon request, Contractor shall furnish The City of Schertz with certified copies of all insurance policies. 14. A valid certificate of insurance verifying each of the coverages required above shall be issued directly to the City of Schertz within ten (10) business days after contract award and prior to starting any work by the successful Contractor's insurance agent of record or insurance company. Also, prior to the start of any work and at the same time that the Certificate of Insurance is issued and sent to the City of Schertz, all required endorsements identified in sections A, B, C and D, above shall be sent to the City of Schertz. The certificate of insurance and endorsements shall be sent to: City of Schertz emailed to: pure asi _ �sce zwc Purchasing Department Faxed to: 210 - 619 -1169 1400 Schertz Parkway Schertz, TX 78154 CITY OF SCHERTZ PAGE 23 YMCA of Greater San Antonio Service Agreement T CERTIFICATE OF LIABILITY INSURANCE = DIFIGAM 10 MOVED AS A MUM! OP 1"rOlINIATION ONLY AMD COMAS NO WORTS UP I1 71I1t OPH311PIOAlu, tIOLJDI NIM POTS NOT AFFIRETATTVULY OR HUGAIMLY MUNA FIATU"D '," 0Y .: 0 ArroaDno, ow imu, TH18 ORRIPPOATts"Of II SURAN 11 WHO NOTT _ ON1471TUTH A CON L O'T ORTWIN'THO 401,80,10 w F1uII(ft AUTI LIE ra I a iF I1 " 0110111 010111 # as tit _ dtligAm hwRMYR ML K04*14ATE L .Yd,"'L E44 Ffl : �.�... s r�,w CITY OF SCHERTZ PAGE 24 YMCA of Greater San Antonio Service Agreement (Instructions for completing and submitting a certificate to the City of Schertz) Complete the certificate of insurance with the information listed below: A) Certificate of Insurance date B) Producer (Insurance Agency) Information — complete name, address, telephone information, & email address. C) Insured's (Insurance Policy Holder) Information — complete name & address information D) Insurer (name /names of insurance company) * *(Remember the city requires all insurance companies to be Authorized to do business in the State of Texas be rated by A.M. Best with a rating of B+ (or better) Class VI (or higher) or otherwise be acceptable to the City if not rated by A.M. Best) E) NAIC # (National Association of Insurance Commissioners, a # that is assigned by the State to all insurance companies) F) Insurer letter represents which insurance company provides which type of coverage from D G) General Liability Insurance Policy — must have an (x) in box. Also, "Occurrence" type policy — must have an (x) in the box (occurrence policy preferred but claims made policy can be accepted with special approval) H) This section shall be filled in with "Y" for yes under Additional Insured for all coverages, except for Contractor Liability and Workers' Compensation. There shall also be a "Y" for yes under all coverages for subrogation waived. 1) Automobile Liability Insurance — must be checked for Any Auto, All Owned Autos, Hired Autos J) Umbrella Coverage — must be checked in this section and by occurrence whenever it is required by written contract and in accordance with the contract value. K) Worker's Compensation and Employers Liability Insurance — information must be completed in this section of the certificate of insurance form (if applicable). L) Builder's Risk Policy — for construction projects as designated by the City of Schertz. Professional Liability Coverage — for professional services if required by the City of Schertz. M) Insurance Policy #'s N) Insurance policy effective dates (always check for current dates) O) Insurance Policy limits (See Insurance Requirements Checklist) P) This section is to list projects, dates of projects, or location of project. Endorsements to the insurance policy(ies) must be provided separately and not in this section. The following endorsements are required by the City of Schertz. (1) Adding the City of Schertz as an additional insured. The "additional insured" endorsement is not required for professional liability and workers compensation insurance; and (2) Waiver of Subrogation (3) Primary and Non - Contributory (4) Cancellation Notice Q) City of Schertz's name and address information must be listed in this section R) Notice of cancellation, non - renewal, or material change to the insurance policy(ies) must be provided to the City of Schertz in accordance with a cancellation notice endorsement to the policy and /or per the policy provisions based on the endorsement adding the city as an additional insured. (Sec. 1811.155, Tex. Ins. Code) S) The certificate must be signed by the Authorized Agent in this section of the certificate form. CITY OF SCHERTZ PAGE 25 YMCA of Greater San Antonio Service Agreement CITY OF SCHERTZ PAGE 26 YMCA of Greater San Antonio Service Agreement Exhibit "C" EVIDENCE OF INSURANCE CITY OF SCHERTZ PAGE 27 YMCA of Greater San Antonio Service Agreement Agenda No. 3. CITY COUNCIL MEMORANDUM City Council November 10, 2020 Meeting: Department: Executive Team Subject: Resolution No. 20 -R -132 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas approving requests for a Schertz Main Street Local Flavor Economic Development Grant for 537 Main. (M. Browne /B. James) The owner of the property at 537 Main Street is applying for a Local Flavor Grant. The owner is in the process of converting the structure from a residence into a business. The grant is for up to $20,000 of matching funds for a range of eligible expenses in the different categories. This includes a roof, and air conditioning system, plumbing, electrical, landscaping, concrete and potentially signage. The owner has indicated that he plans to turn the site into the Purple Pig BBQ - he has indicated he is not going to paint the building purple. GOAL Promote and enhance commercial activity along Main Street to promote the economic, cultural and general welfare of the public. The area around Main Street in Schertz once served as the commercial and social hub of the community. The City seeks to improve the image of the area around Main Street through the inducement of public money to promote local economic development and stimulate business and commercial activities in the City. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street. Promote commercial development. Stabilize and improve property values. Foster civic pride. Strengthen the economy of the City by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support of local businesses. SUMMARY OF RECOMMENDED ACTION Staff recommends approval of Resolution 20 -R -132 approving a Schertz Main Street Local Flavor Economic Development Grant for up to $20,000 for 537 Main. FISCAL IMPACT Up to $20,000 for the grant. approve Resoluton No 20 -R -132 Attachments Res 20 R 132 Local Flavor 537 Main RESOLUTION NO. 20 -R -132 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A REQUEST FOR A SCHERTZ MAIN STREET LOCAL FLAVOR ECONOMIC DEVELOMENT GRANT FOR 537 MAIN STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THEREWITH WHEREAS, The City of Schertz desires to protect, enhance, and preserve the historic resources and landmarks which represent distinctive elements of Schertz' historic, architectural, economic, cultural, and social heritage by providing property owners and incentive for protecting their property; and WHEREAS, the City of Schertz desires to encourage the attraction of small businesses that will create local charm and help develop a sense of place in and around Main Street; WHEREAS, the City of Schertz desires to stabilize and improve property values; and WHEREAS, Foster civic pride in the beauty and accomplishments of the past, and to promote the use of the historic structures for the culture, education, and general welfare of residents; and WHEREAS, Strengthen the economy of the city by protecting and enhancing the attractiveness of the Main Street area to residents and visitors, as well as provide support and stimulus to businesses. WHEREAS, the City Council approved the Schertz Main Street Local Flavor Economic Development Grant; WHEREAS, staff is in support of this program and recommended approval of the grant request for 603 Main Street for up to $20,000; NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby approves the Schertz Main Street Local Flavor Economic Development Grant request for 537 Main Street subject to the approved criteria of the program and execution of a funding agreement generally as outlined in Exhibit "A ". Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of November, 2020. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor Brenda Dennis, City Secretary (CITY SEAL) Exhibit A STATE OF TEXAS § COUNTY OF BEXAR § FUNDING AGREEMENT BETWEEN THE CITY OF PKM Ventures •• EXPENDITURE OF • •• GRANT This Local Flavor Development Program Funding Agreement (AGREEMENT) is made and entered into by and between the City of Schertz, Texas (CITY) and PKM Ventures LLC, (ENTITY). WHEREAS, the ENTITY has developed a proposal to Make improvements and repairs, including shell /exterior renovations including new roof, AC, plumbing, concrete, electrical, landscaping and signage work to 537 Main (the "Project„); and WHEREAS, Section 380.001 of the Texas Local Government Code, as amended, allows the governing body of a municipality to establish and provide for the administration of one or more programs to promote state and local economic development and to stimulate business and commercial activity in the municipality; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program is intended to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors; and WHEREAS, funding for the Schertz Main Street Local Flavor Economic Development Program will be provided annually through the City's General Fund; and WHEREAS, the Schertz Main Street Local Flavor Economic Development Program will enhance other city efforts to improve, beautify, and promote economic development in the Main Street area. WHEREAS, the area around Main Street in Schertz once served as commercial and social hub of the community; and WHEREAS, the City seeks to improve the image of the area around Main Street through restoration and rehabilitation of structures in the Main Street area to serve as a commercial, social, cultural and tourism hub of the City; and WHEREAS, the City Council of the City of Schertz desires to provide funds to PKM Ventures LLC (ENTITY). NOW, THEREFORE, it is mutually agreed by and between the CITY and ENTITY as follows: GENERAL PROVISIONS Section 1. Purpose. The purpose of this Agreement is to provide funding to the ENTITY for the project identified in the attached Exhibit "A" (the "Project "), the intent of which is to promote state and local economic development and to stimulate business and commercial activity in the municipality to encourage and expansion and attract small businesses that create local charm and help develop a sense of place in and around Main Street, promote commercial development, stabilize and improve property values, foster civic pride, and protect and enhance the attractiveness of the Main Street area to residents and visitors. Section 2. Obligation of the ENTITY. The ENTITY shall use all of the awarded funds provided by the CITY in accordance with Chapter 351 of the Texas Tax Code, the ENTITY'S funding application, and the attached Exhibit "A ". Section 3. Reporting Requirements of the ENTITY. The ENTITY shall deliver a detailed accounting of the expenditures for the Project within thirty (30) days after completion of the Project (the "Post Event Report"). The Post Event Report shall include copies of receipts and other documents establishing the expenditures for the project. The CITY shall not make reimbursements for expenditures where no receipt or invoice is provided. Partial or incomplete reports will not be accepted. Section 4. Authorization of Payment. Subject to the ENTITY'S satisfactory performance and compliance with the terms of this AGREEMENT, the CITY agrees to pay the ENTITY up to fifty percent (50 %) of the Project. The Project is estimated to be over $40,000.00 and fifty percent of which, is capped at 20,000.00 for work falling within the criteria for fagade, site, signage and systems grants. Payment will be made within forty -five (45) days of acceptance of the complete Post Event Report. Partial or incomplete reports will not be accepted. Only expenditures that meet Chapter 351 of the Tax Code and this AGREEMENT shall be reimbursed. Section 5. Appeal. Process. Any ENTITY wishing to appeal the decision of the CITY must present their appeal in writing within ten (10) business days of funding denial. Section 6. Rights. The City of Schertz has the right, at any time, to inspect the books or records of the ENTITY that may relate to performance of this AGREEMENT. The CITY, at its sole expenses, has the right to conduct an audit of the ENTITY or Project. Section 7. Term. The AGREEMENT shall become effective as of the date entered below. The AGREEMENT shall terminate one year from its effective date or once the terms have been met, whichever occurs first. Section 8. Indemnification. The ENTITY agrees to defend, indemnify and hold harmless the CITY, its officers, agents and employees, against any and all claims, lawsuits, judgments, cause of action, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the ENTITY's breach of any of the terms or provisions of this AGREEMENT, or by any negligent act or omission of the ENTITY, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this AGREEMENT; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the CITY, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the ENTITY and the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Both parties expressly agree that this AGREEMENT does not assign any responsibility for civil liability to the City of Schertz that may arise by virtue of this AGREEMENT. Section 9. Termination. A party may terminate this AGREEMENT in whole or in part if the other party fails to comply with a term of the AGREEMENT, including the inability of the ENTITY to conform to any change required by federal, state or local laws or regulations; or for the convenience of either party. The terminating party shall provide written notification to the other party of the decision to terminate this AGREEMENT within thirty (30) days before the effective date of termination. A party may terminate the AGREEMENT for breach of any provision of this AGREEMENT, upon written notice of the breach and the breaching party shall have ten (10) days after receipt of the written . notice in which to cure the breach to the satisfaction of the non - breaching party. Section 10. Notice. All notices required or permitted under this AGREEMENT shall be in writing and shall be delivered in person or mailed as follows: to the CITY at: City of Schertz Attention: City Manager 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1000 To PKM Ventures LLc: Attention: Nicholas Marquez PO Box 284 Cibolo, Texas 78108 WA .,T]a "D a X0Iif.`i Section 11. Entire Agreement. This AGREEMENT constitutes the entire agreement of the parties regarding the subject matter contained herein. The parties may not modify or amend this AGREEMENT, except by written agreement approved by the governing bodies of each party and duly executed by both parties. Section 12. Approval. This AGREEMENT has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. Section 13. Assignment. Except as otherwise provided in this AGREEMENT, a party may not assign this AGREEMENT or subcontract the performance of services without first obtaining the written consent of the other party. Section 14. Non- Waiver. A party's failure or delay to exercise right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this AGREEMENT does not preclude the exercise of another right or remedy. Rights and remedies under this AGREEMENT are cumulative and are not exclusive of other rights or remedies provided by law. Section 15. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this AGREEMENT or any section thereof. Section 16. Attorney fees. In any lawsuit concerning this AGREEMENT, the prevailing party shall be entitled to recover reasonable attorney's fees from the nonprevailing party, plus all out -of- pocket expense such as deposition costs, telephone, calls, travel expenses, expert witness fees, court costs, and their reasonable expenses, unless otherwise prohibited by law. Section 17. Severability. The parties agree that in the event any provision of this AGREEMENT is declared invalid by a court of competent jurisdiction that part of the AGREEMENT is severable and the decree shall not affect the remainder of the AGREEMENT. The remainder of the AGREEMENT shall be in full force and effect. Section 18. Venue. The parties agree that all disputes that arise of this AGREEMENT are governed by the laws of the State of Texas and venue for all purposes herewith shall be in Milam County, Texas. Section 19. Certificate of Insurance. The ENTITY agrees to provide a certificate of insurance for liability and worker's compensation insurance or letter of self - insurance on its letterhead indicating its self - insured status before any event awarded funding under this AGREEMENT. The cost of the insurance herein mentioned to be secured and maintained by the ENTITY shall be borne solely by the ENTITY. IN WITNESS HEREOF, the CITY and ENTITY make and execute this AGREEMENT to be effective this day of , 2020. CITY OF SCHERTZ, TEXAS ENTITY City Manager City Secretary (Title) (Title) [Describe the project to be performed] PAGE 5 OF 5 Agenda No. 4. ei Olum City Council November 10, 2020 Meeting: Department: Parks, Recreation & Community Servic Subject: Resolution 20 -R -11.3 - Consideration and /or action approving a Resolution by the City Council of the City, Texas, authorizing expenditures not to exceed $81,888.13 with C -3 Environmental Inc., for the Ashley Park Concrete Trail Project, and other matters in connection therewith. (B.James /L.Shrum) BACKGROUND In 2019, Parks & Recreation staff completed Phase I of the renovation project at Ashley Park which included reconstructing the basketball court, replacing playground equipment, a cosmetic update to the restroom facility and providing an accessible route to the new features. The existing asphalt loop trail was not replaced at that time due to limited funding. Phase II of the renovation includes demolition of the existing failing asphalt trail and reconstructing a concrete trail that is fully accessible the entire way and includes the accessible route to the restroom as well as one picnic area. This concrete trail project was funded in the FY 19 -20 budget but delays to our schedule from COVID has pushed this project into FY 20 -21. Pricing for the project is based on the On -Call Concrete Repair and Replacement contract approved by Council in Resolution 19 -R -162. The project total request is for $81,888.13 which includes a 10% contingency for the proposal of $74,443.75 to ensure adequate budget should unknown issues arise. As part of Staffs focus on finishing projects completely to allow them to move on the next projects, staff is trying to do this with Ashley Park. Later this year, staff plans to add a playground structure (geared for kids ages 5 -1.2 years old) and a pavilion. With this, the work to renovate Ashley Park will be complete. GOAL Approve the funding for the concrete trail installation at Ashley Park. COMMUNITY BENEFIT This looped trail increases the quality of life for our community by providing a safe pedestrian walkway loop that promotes enjoying the outdoors through exercise. It also provides a fully accessible route to the restroom facility by replacing the existing one which is currently out of compliance with Texas Accessibility Standards. Staff recommends council approve Resolution 20 -R -113. FISCAL IMPACT The project will be funded with money approved in the FY 19 -20 budget and city staff will submit a budget adjustment to carry over funds from FY 19 -20 to FY 20 -21. Staff recommends council approve Resolution 20 -R -113. Attachments Resolution 20 -R -113 Ashley Park Trail quote RESOLUTION NO. 20 -R -113 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EXPENDITURES NOT TO EXCEED $81,888.13 WITH C -3 ENVIRONMENTAL INC., FOR THE ASHLEY PARK SIDEWALK PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") conducted an RFP for On- Call Concrete Repair and Replacement Services and C -3 Environmental Inc. was one of the awarded vendors; and WHEREAS, City staff has determined that portions of the existing sidewalk to the Ashley Park restroom do not meet Texas Accessibility Standards (TAS) and need to be replaced; WHEREAS, the City Council has determined that it is in the best interest of the City to replace the sidewalks in Ashley Park. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby authorizes expenditures not to exceed $81,888.13 with C -3 Environmental Inc., for the Ashley Park Sidewalk 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 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 , 2020. CITY OF SCHE.RTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) o C-3 C3 Environmental Specialties LP Erosion Control & Land Clearing Contractors 132 Nell Deane Blvd I Schertz, Texas 78154 Phone: (210) 653 -7801 Fax: (210) 650 -3306 Proposal #: 20201092 Job Name: City of Schertz IDIQ- Ashley Park PROPOSAL Date: 10/27/2020 Valid For: 30 Days Prepared By: Randy Kelly c3estim tors@c r nvir:annie 1t �,com Concrete Sidewalk 4" 1,075.00 SQ YD $62.00 $66,650.00 $0.00 Removal Of Asphalt 1,075.00 SQ YD $7.25 $7,793.75 $0.00 $74,443.75 $0.00 Subtotal: $74,443.75 Tax: $0.00 Total Amount Due: $74,443.75 •C3 will supply all labor, equipment, and materials for the items listed above. -Payment Terms: Net 30 Days and will not be subject to retainage. -Location of underground utilities shall be identified to C -3 prior to installation. -Water meter and water shall be provided by others for all construction activities. -Pricing for all items are for Installation only and exclude removal (unless specifically noted) -Excludes maintenance and repairs. -Excludes all permits, testing, inspections, surveys, and layouts. -Excludes traffic control and signage. -Excludes Clearing, Excavation, and Subgrade preparation (unless specifically noted). -Seeding items exclude topsoil, seedbed preparation, herbicides /pesticides, vegetative watering. -Excludes dewatering -Excludes installation in rock (unless specifically noted) -Excludes all bonds & additional insurances. -Excludes specific training, background checks and associated fees. 10/27/2020 Page 1 of 3 Proposal #: 20201082 Date: 10/27/2020 Valid For: 30 Days Job Name: City nfSchedz|D|Q- Ashley Park Prepared By: Randy Kelly c3esmators@c3env|nonmentaicom 10/27/2020 Page 2uf3 Proposal #: 20201092 Job Name: City nfSchedz|D|Q- Ashley Park Signature: Title Accepted By: Date Accepted: Date: 10/27/2020 Valid For: 30 Days Prepared By: Randy Kelly c3esmators@c3env|nonmentaicom 10/27/2020 Page 3of3 ei IRIUM City Council November 10, 2020 Meeting: Department: City Secretary Agenda No. 5. Subject: Cancellation of the December 22, 2020, Council Meeting - Consideration and /or action canceling the December 22, 2020, City Council meeting due to the Christmas Holiday. (M. Browne /B. Dennis) Staff recommends Council approve the cancelation of the December 22, 2020, City Council meeting for the Christmas Holiday. Agenda No. 6. ei IRIUM City Council November 10, 2020 Meeting: Department: Economic Development Corporation Subject: Resolution No. 20 -R -115 — Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing an Economic Development Performance Agreement between the City of Schertz Economic Development Corporation and Phelan- Bennett, LLC. (M. Browne /A. Perez) BACKGROUND Phelan - Bennett Development Company ( "Phelan- Bennett ") was established in 2018 and serves as the Texas Regional Partner of Phelan Development, a privately real estate development company headquartered in Newport Beach, California. Since its inception, Phelan - Bennett has led the development of seven individual industrial projects greater than 1.2 million square -feet and its principals have directly managed investment activity in excess of $100 million in the Houston and San Antonio markets. This project represents the first development within the City of Schertz. Phelan - Bennett has proposed development of a 169,525 square foot warehouse distribution facility near the intersection of Four Oaks Lane and FM 3009 across from the existing Wal -Mart on Four Oaks Lane. The project has requested assistance with infrastructure improvements including relocation of a sanitary sewer line. The relocation and extension of this line benefits neighboring tracts to the East of the project by providing utility service on the North side of Four Oaks. In consideration, the SEDC has offered to provide an infrastructure reimbursement grant of up to $50,000 to be used for infrastructure improvements ( "Infrastructure Grant "). The value of the Infrastructure Grant is based on a minimum $5,000,000 in capital improvements to the site as assessed by the Guadalupe Appraisal District. The grant of up to $50,000 will be payable upon submission of final assessment and substantiated infrastructure costs. The grant may be reduced proportionally based on a lower assessed value. For example, if the assessment is for $4,500,000 rather than $5,000,000 (90% of projected capital improvements) the total amount of the Infrastructure Grant would be $45,000 (90% of maximum Infrastructure Grant). GOAL To grow the Schertz economy through Projects that focus on the creation/retention of Primary Jobs and Infrastructure Improvements. COMMUNITY BENEFIT This agreement supports development of a 169,525 square foot warehouse distribution facility and supports continued development East of the project along Four Oaks Lane. It establishes a partnership with a new development partner and supports the community's need for available space for Primary Job companies to invest in Schertz and further establishes the community as a regional distribution hub. kllud 104 El "I] a 11-1 X00304 104 10101111 0111XIXIN I [1W, This action authorizes up to $50,000 for an SEDC Infrastructure Grant to support development 169,525 square foot warehouse distribution facility and a capital investment of $5,000,000 in the City of Schertz. u_ ' The Infrastructure Grant will be paid through SEDC funds, no City general funds will be used for the project. The SEDC Infrastructure Grant is worth up to $50,000 for $5,000,000 of assessed value which . will generating over $76,000 for the City of Schertz General Fund over a three -year period. In the event that Phelan - Bennett fails to create up to $5,000,000 of new assessed value, the Infrastructure Grant will be reduced proportionally. RECOMMENDATION Authorization of the SEDC program and funds for the Economic Development Performance Agreement with Phelan - Bennett, LLC through the approval of Resolution No. 20 -R -11.5. Attachments Exhibit A- Phelan Agrmt CC Res 20 -R -115 Phelan - Bennett 1111MOMM WHEREAS, the Development Corporation Act • 1979, as amended (Section 501.001 et seq., Texas Local Government Code, formerly the Development Corporation Act of 1979) (the "Act") authorizes a development corporation to fund certain projects as defined by the Act and requires development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Company desires to construct a Facility as defined below, to locate Class A warehousing and distribution facility in Schertz, Texas; and WHEREAS, the location of the Company, as proposed, will contribute to the economic development • the City • Schertz by creating new jobs and increased employment, promoting and developing expanded business enterprises, increased development, increased real property value and tax revenue for the City of Schertz, and will have both a direct and indirect positive overall improvement/stimulus in the local and state economy; and wil 1111 WHEREAS, the Parties are executing and entering into this Agreement to set forth certain terms and obligations of the Parties with respect to such matters; and WHEREAS, the Parties recognize that all agreements of the Parties hereto and all terms and provisions hereof are subject to the laws of the State of Texas and all rules, regulations and interpretations of any agency • subdivision thereof at any time goveming the subject matter herein; and gi&- WHEREAS, the Parties agree that all conditions precedent for this Agreement to become a binding agreement have occurred and been complied with, including all requirements pursuant to the Texas Open Meetings Act and all public notices and hearings, if any, have been conducted in accordance with Texas law; and WHEREAS, on the Effective Date, the commitments contained in this Agreement shall become legally binding obligations of the Parties. NOW, THEREFORE, in consideration of the mutual covenants, benefits and agreements described and contained in this Agreement, and for other good and valuable consideration, th-4 receipt and sufficiencg of which are herebrA acknowle6qed and further described herein the Parties agree as follows: F-11MUIN I N Ka N I . Recitals. The recitals set forth above are declared true and correct by the Parties and are hereby incorporated as part of this Agreement. ARTICLE 11 AUTHORITY AND TERM I . Authority. The SEDC's execution of this Agreement is authorized by the Act anit constitutes a valid and binding obligation of the SEDC. The SEDC acknowledges that Company is acting in reliance upon the SEDC's performance of its obligations under this Agreement in making the decision to commit substantial resources and money to the establishment of the Project, hereinafter established. 2. Tenn. This Agreement shall become enforceable upon the Effective Date, hereinafter established, and shall continue until the Expiration Date, hereinafter established, unless terminated sooner or extended by mutual agreement of the Parties, or in the manner provided for herein. N l a I ki I Ma 1"INIZINIM As used in this Agreement, the following terms shall have the meanings ascribed below. All undefined terms shall retain their usual and customary meaning as ascribed by common and ordinary usage. "Capital improvements" shall mean the "facility" and items eligible for "project reimbursements" as defined herein, tenant of Company. "Certificate of Occupancy" shall mean the signed certificate issued by the City of Schertz Planning & Development Department granting the Company the right to occupy the Facility and confirming that the entire work covered by the permit and plans are in place. "Default", unless otherwise specifically defined or limited by this Agreement, shall mean failure • any Party to timely and substantially comply with any performance requirement, duty, or covenant. III 1111 111, 1111111plill 1� 1. July 31, 2024; or 2. The date of termination provided for under Article VII of this Agreement. "Facility" shall mean the approximate 170,000 square foot Class A warehouse and distribution Cacility to be constructed on the Real Property "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party, including, without limitation, acts of God or the public enemy, pandemics, war riot, civil commotion, insurrection, government or de facto governmental action (unless caused by the intentionally wrongful acts or omissions of a party), fires, explosions or floods, strikes, slowdowns or work stoppages. No M oil I M I -- IMMI. I UNLIL111p, In flu Licss Mall FIT E7Tf1-=TV171lTW=,?7N'S AND NO CENTS $5,000,000 in capital improvements to the site as assessed by the Guadalup'; County Appraisal District, no later than the Appraisal Sunset Date. "Project Reimbursement" shall mean up to the engineering and construction costs associated with the relocation of public sanitary sewer relocation; sanitary sewer extension along Four Oaks; and the sidewalk extension along Four Oaks; and estimated to be FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00). "Real Property" shall mean 17670 Four Oaks Lane, Schertz, Texas 78602, [Four Oaks Commercial Plat] a 9.598 acre tract of land. - M- M 0 X I MIJ Ha MIN IM 0 1 Infrastructure Reimbursement Grant.-Subject to the satisfaction of all the terms ani conditions of this Agreement and the obligation of Company to repay the Infrastructure Reimbursement Grant pursuant to Article V hereof, the SEDC agrees to provide Company with an Infrastr-acture Reimbursement Grant up to and not exceeding the amount of FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) payable upon: (a) Submission of reporting for each year of the proposed incentive period, beginning as follows: M 9�-4- (d) Confirmation by SEDC staff • new capital improvements • the site resulting in improvement value of FIVE MILLION DOLLARS AND NO CENTS ($5,000,000.00) as assessed by the Guadalupe County Appraisal District, no later than the Appraisal Sunset Date. 2. Current Revenue. The funds distributed hereunder shall be paid solely from lawfully available funds of the SEDC. Under no circumstances shall the obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. None of the obligations under this Agreement shall be pledged or otherwise encumbered in favor of any commercial lender and/or similar financial institution. t. Confidentialitv. The SEDC agrees • the extent allowed by law, to keep information and documentation received, pursuant to this Agreement hereof, confidential. In the event a request is made for such information, SEDC will not disclose the information unless required to do so by the Attorney General of Texas pursuant to the requirements of the Texas Public Information Act. ARTICLE V PERFORMANCE OBLIGATIONS OF COMPAN] The obligation of the SEDC to pay funds in the form of a Reimbursable Infrastructure Grant shall be conditioned upon Company's continued compliance with and satisfaction of each of the performance obligations set forth in this Agreement. (a) Company shall begin construction of the Project before April 1, 2021. For purposes of compliance under the terms of this Agreement, obtaining a permit from the City of Schertz to begin construction related activity on the Real Property associated with the Project shall constitute the beginning of construction. (b) Complete construction of the Project on the Real Property such that the improvements contemplated by the Project add no less than FIVE MILLION DOLLARS AND NO 0 S Wl V I RN I WE) IN-1 I I EM8 L&J OM V 11M 9. Annual Re ' oort. The Company shall submit an Annual Certification Report (an "Annual Report") for the preceding Year to the Executive Director • the SEDC e ach year not later than February 15th beginning with the first report not later than February 15, 2022 and concluding with the last report not later than February 15, 2024. The Annual Report should substantially conform to the Annual Report Form attached as Exhibit "B" to this Agreement. ARTICLE VI �-Irk �Iz 1. Compqqy's Covenants and Duties. Company makes the following covenants and warranties to the SEDC and agrees to timely and fully perform the obligations and duties 'contained in Articles V of this Agreement. Any false or substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall • an act • Default • the Company. on M (a) Company is authorized to do business and is in good standing in the State of Texas and shall remain in good standing in the State of Texas, with the Texas Comptroller of Public Accounts, and the United States of America during any term of this Agreement. (c) Company is not a party to any Bankruptcy proceedings currently pending or contemplated, and Company has not been informed of any potential involuntary Bankruptcy proceedings. (d) To its current, actual knowledge, and subject to the Certificate of Occupancy (or other approvals and permits to be obtained under subpart (f) immediately below, Company has acquired and maintained all necessary rights, licenses, permits, and authority to carry • its business in the City of Schertz and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. (e) Company shall timely and fully comply with all of the terms and conditions of this Agreement. (f) Company agrees to obtain, • cause to be obtained, all necessary permits and approvals from the City • Schertz and/or all other governmental agencies having jurisdiction over the construction • any improvements to the Facility. (h) Company agrees to commence and complete the Project in strict accordance with the Agreement. (i) Company shall cooperate with the SEDC in providing all necessary information to assist them in complying with this Agreement, During the term of this Agreement, Company agrees to not knowingly employ any undocumented workers as part • the Project, and, if convicted • a violation under 8 U. S.C. Section 1324a(l), Company shall be in Default (subject to the remedies in Article V a•• ve). Company is not liable for an unknown violation of this Section • a subsidiary, N M affiliate, or franchisee of Company or • a person with whom Company contracts; provided, however, that identical federal law requirements provided for herein shall be included as part of any agreement or contract which Company enters into with any ve, - ate-- I fffff • 'qffi i (k) Company shall not be in arrears and shall be current in the payment of all City and State taxes and fees. 2. SEDCs' Covenants and Duties. SEDC agrees to timely and fully perform the obligations and duties contained in Article IV of this Agreement. Any false • substantially misleading statements contained herein or failure to timely and fully perform those obligations and duties within this Agreement shall be an act of Default by the SEDC. 3. Com'Oliance and Default. Failure by Company to timely comply with any performance requirement, duty, or covenant shall • considered an act • Default and shall give the SEDC the right to terminate this Agreement. W- I RIMM 1. Termination. This Agreement shall terminate upon the earliest occurrence of any one or more of the following: (a) The written agreement of the Parties; (b) The Agreement's Expiration Date; (c) Default • Company (at the option of the SEDC). M MEMN (a) Failure of Company to perform any term, covenantor agreement contained in Articles V and VI. (b) Any representation or warranty contained herein or in any financial statement, certificate, report or opinion submitted to SEDC in connection with or pursuant to the requirements of this Agreement was incorrect or misleading in any material respect when made; or i kc) Any judgment is assessed against Company or any attachment or other levy against the property of Company with respect to a claim remains unpaid, unstayed on appeal, undischarged, not bonded or not dismissed for a period • sixty (60) it • (f) Company materially changes the general character of business as conducted at the date hereof or engages in any type of business not reasonably related to its business as presently and normally conducted. MOM IM (a) For any Company defaults under Article V Section 1(a)-(c) SEDC shall have the right • recapture one hundred percent (100%) • the Infrastructure Reimbursement Grant that was paid (the "Recapture Amount") if the Default occurs on or prior to the Termination Date. The Recaptured Amount shall • paid • the Company within one hundred twenty M M (120) days after the date Company is notified by the SEDC of such Default (the "Paymenj Date"). In the event the Recaptured Amount is not repaid by the applicable Payment Date, the unpaid portion thereof shall accrue interest at the rate of two percent (2.00%) per annurn from the Effective Date until paid in full. (b) Company's sole remedy under this Agreement is specific performance for SEDC's default of its obligation under Section IV of this Agreement. 105 1 LIM H 0 9 Binding Agreement. The terms and conditions of this Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and assigns. The Executive Director of the SEDC shall be responsible for the administration of this Agreement and shall have the authority to execute any instruments, duly approved by the SEDC, on behalf of the Parties related thereto. 2. Mutual Assistance. The Parties will do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. 3. The SEDC represents and warrants to Company that this Agreement is within their authority, and that they are duly authorized and empowered to enter into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Company represents and warrants to the SEDC that it has the requisite authority to enter into this Agreement. out 19ih- the SEDC will not be liable for any claims that may be asserted by any third party occurring in connection with services performed by Company respectively under this Agreement, unless any such claims are due to the fault of the SEDC. (c) No employee of the SEDC, or any board member, or agent of the SEDC, shall be personally responsible for any liability arising under or growing out of this Agreement. 6. Notice - Any notice required or permitted to be delivered hereunder shall be deemed delivered by actual delivery, or on the first business day after depositing the same in the hands of a reputable overnight courier (such as United States Postal Service, FedEx or UPS) and addressed to the Party at the address set forth below: UM If intended for SEDC: Schertz Economic Development Corporation Attention: Executive Director 1400 Schertz Parkway, Building 2 Schertz TX 78154 With a copy to: Denton, Navarro, Rocha, Bernal, & Zech PC Attention: T. Daniel Santee 2517 North Main Avenue San Antonio, TX 78212 If to the _:ompany: Phelan-Bennett Development Attention: Justin E. Bennett 1403 Maryland Street Unit A Houston, Texas 77005 With a co ,.to: John R. Jones, PC Attention: John R. Jones 123 North Post Oak Lane Suite 400 Houston, Texas 77024 11 944- 7. Governmental Records. All invoices, records and other documents required for submission to the City pursuant to the terms of this Agreement are Governmental Records for the purposes of Texas Penal Code Section 3 7. 10. (a) Governing Law. The Agreement shall be governed by the laws of the State of Texas, and the venue for any action concerning this Agreement (subject to the dispute resolution mechanisms of Article VIII above) shall be in the Courts of Guadalupe County. The Parties agree to submit to the personal and subject matter jurisdiction of said court. (b) Amendment, This Agreement may be amended by mutual written agreement of the Parties, as approved by the Board of Directors of the SEDC and paid for by the Company if requested by Company. Each of the Parties has been represented by counsel of their choosing in the negotiation and preparation of this Agreement. Regardless of which Party prepared the initial draft of this Agreement, this Agreement shall, in the event of any dispute, whatever its meaning or application, be interpreted fairly and reasonably and neither more strongly for or against any Party. • Entire Aereement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral • written agreement between the Parties that, in any manner, relates to the subject matter of this Agreement, except as provided for in any Exhibits attached hereto or duly approved amendments to this Agreement, as approved by the Board of Directors of the SEDC. 10. Paragranh Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope or meaning of the various and several paragraphs. PIMMMY be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. I MWIMM 13. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. IN M 15. Additional Instruments. The Parties agree and covenant to cooperate, negotiate in good faith, and to execute such other and further instruments and documents as may be reasonably required to fulfill the public purposes provided for and included within this Agreement. 16. Force Maieure. Whenever a period of time is herein prescribed for action to be taken by the Company, the Company shall not be liable or responsible for, and there shall be excluded from the computation • any such period of time, any delays due to causes of any kind whatsoever which are caused by Force Majeure. IN M Executed • this day • all =1 I =1 = I I ARMS WAIM Emu M H H R VIM' F Me LAU�� V BENNETT Notary Public MIA, L_ 0 r TEXAS M Y CLI7tm, EIU OCt. 4. 2023 Phelan-Bennett, LLC, a Texas limited liability compal ILA I By: JEB TX Investments, LLC, a Texas limited liability company, Its Manager By: < Justin E. Bennett, Manager I L' Le r. I i a I 16) 1 EGM n ra r-wrol. a I Lim I I VA 3 VA •' 4 ON A 01 W Executed on this day of 20 W IMA 019-11ULVI I DMILIN �Kfj Iti 11LOUIRMI "091 By: Name: Paul Macaluso Title: Board President STATE OF TEXAS COUNTY OF SCHERTZ This information was acknowledged before me on this day of by Paul Macaluso, President of the Schertz Economic Development Corporation, a Texas non- profit industrial development Corporation, on behalf of said agency. By: T. Daniel Santee, SEDC Counsel DNRB&Z P.C. IN Notary's typed or printed name ILVV ,&Us goots Exhibit A Project Site Plan vmmmm�� 110! ?W r" III•, a • B a ♦ � m Annual Certiffication Report Reporting Period: to 20_ The Annual Certification Report for the Economic Development Performance Agreement between the Schertz Economic Development Corporation and 11 is due on — 15, 20—. Please sign and return the Annual Certification Report form with accompanying narrative. ' 'V&N, PORT NG fI, VO - R"M A, erw W.-I Buz VPI-M- 'j�j . . . ... . .. .. . . .. ..... . . . . . . .. . . . . . .... .. .. . Name of Certifying Officer Phone Number Signature of Certifying Officer STATE OF TEXAS X COUNTY OF X Certifying Officer's Title MARIMMMUM M * .M- This information was acknowledged before me on this - day of by for , a Texas SEDC, on behalf of said agency, ILI rel R, I FA id I In I MI F 1 17-Kil I My commission expires The Annual Certification Report is to be completed, signed and returned on or before - 15, 20_. Plem send an original to the following address: City of Schertz Economic Development Corporation 1400 Schertz Parkway, Building 2 Schertz TX 78154 M Apy RESOLUTION NO. 20 -R -115 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION AND PHELAN- BENNETT LLC; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Schertz Economic Development Corporation ( "SEDC ") is a non- profit industrial development corporation duly established under the Development Corporation Act of 1979, as amended (Section 501.001 et seq. Texas Local. Government Code, formerly the Development Corporation Act of 1979) . (the "Act "); WHEREAS, all of the powers of the corporation are vested in the SEDC Board of Directors (the "Board ") appointed by the governing body of the corporation's authorizing unit; and WHEREAS, the Act authorizes a development corporation to fund certain projects as defined by the Act and request development corporations to enter into performance agreements to establish and provide for the direct incentive or make an expenditure on behalf of a business enterprise under a project; and WHEREAS, Section 501.103 authorizes expenditures for certain infrastructure improvement projects that are found by the Board of Directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises; and WHEREAS, Section 501.158 of the Act requires an incentive agreement to provide at a minimum for a schedule of additional payroll or jobs to be created or retained and capital investment to be made as consideration for any direct incentives provided or expenditures made by the corporation under the agreement and to specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement; and WHEREAS, Phelan - Bennett, LLC. (the "Company ") desires to construct a warehousing and distribution facility creating new ad valorem value of $5,000,000 in Schertz, Texas; and WHEREAS, the SEDC desires to offer an incentive to enable the Company to relocate and expand its investment pursuant to the Agreement in substantial conformity with the Schertz Incentive Policy and the Act; and WHEREAS, Section 505.1.59 of the Act requires that a corporation hold at least one public hearing on the proposed project before spending money to undertake the project and the public hearing was held on September 24, 2020; and EN WHEREAS, following the public hearing, the Board approved the Economic Development Performance Agreement for the Company as set forth in Exhibit A attached hereto and incorporated herein (the "Agreement ") between the SEDC and the Company, pursuant to the Act; and, WHEREAS, Said Agreement shall be effective upon approval by the Schertz City Council as required by Section 501.073 of the Act requiring approval of all programs and expenditures by the authorizing unit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The Schertz City Council hereby approves the program and expenditure of the Schertz Economic Development Corporation set forth in the Economic Development Performance Agreement attached hereto as Exhibit A and authorizes the President to execute and deliver in the substantial form as attached. 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 Schertz 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 board 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. -2- PASSED AND ADOPTED, this 1011 day of November, 2020. ATTEST: Brenda Dennis, City Secretary (CITY SEAL) CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor -3- Exhibit A [XV1110,010 Ito 11 UMA ElUr [SEE ATTACHED] ei 10um City Council November 10, 2020 Meeting: Department: Public Works Agenda No. 7. Subject: Resolution No. 20 -R -131 - Consideration and /or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to enter into an agreement with Cibolo Creek Municipal Authority ( "CCMA ") for the lease of real property for the operations and maintenance of a Wastewater Liftstation Facility. ( C. Kelm /S. Williams /J.Hooks) BACKGROUND Cibolo Creek Municipal Authority has continuously operated and maintained a wastewater lift station facility at the end of Bubbling Springs road on a piece of property owned by the City of Schertz. Cibolo Creek Municipal Authority is in the process of financing improvements to their facilities at this location. As part of the requirements of financing there needs to be a lease agreement to show they are approved to operate at this location. These facilities and the improvements benefit the operations of the City of Schertz. The term of the lease agreement will be 99 years at a $1.00 annual cost to CCMA. GOAL Goal To enter into a lease agreement with CCMA for real property owned by the City of Schertz for the continuous operation of the wastewater lift station facilities and to allow for improvements that will benefit the City and its customers. COMMUNITY BENEFIT Community Benefit The wastewater lift station improvements being completed at this location will allow for the City to decommission a lift station and move toward strictly gravity flow in an area which will reduce cost of operations and increase efficiencies. SUMMARY OF RECOMMENDED ACTION Staff recommends that the City Council approve the lease agreement for the real property with Cibolo Creek Municipal Authority for the continuous operation of their Schertz Lift station Wastewater facility at the end of Bubbling Springs road. FISCAL IMPACT FISCAL IMPACT No negative fiscal impact by leasing property to CCMA. Staff recommends that the City Council approve the City Manger to enter into the lease agreement for the real property with Cibolo Creek Municipal Authority for the continuous operation of their Schertz Lift station Wastewater facility at the end of Bubbling Springs road. Attachments Resolution 20 -R -131 Lease Agreement Attachment Lease Agreement RESOLUTION NO. 20 -R -131 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CIBOLO CREEK MUNICIPAL AUTHORITY FOR THE LEASE OF REAL PROPERTY FOR THE OPERATIONS AND MAINTENANCE OF A WASTEWATER LIFTSTATION FACILITY WHEREAS, the City of Schertz is a home rule municipality incorporated in Guadalupe County pursuant to the Statues of the State of Texas, and as such is authorized to buy, sell, and lease property; and WHEREAS, the Cibolo Creek Municipal Authority is a municipal utility district authorized to enter into contracts related to real property; and WHEREAS, the City of Schertz owns real property along Bubbling Springs road; and WHEREAS, the Cibolo Creek Municipal Authority has continuously operated a Regional Wastewater liftstation facility on real property owned by the City of Schertz; and WHEREAS, the City of Schertz and Cibolo Creek Municipal Authority desire to enter into an agreement to continue a lease agreement between one another; and WHEREAS, the City of Schertz finds that leasing the real property would not interfere or impede its operation; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into this lease agreement with Cibolo Creek Municipal Authority; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into a lease agreement with Cibolo Creek Municipal Authority, for the lease of real property owned by the City of Schertz per the attached agreement. 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 10th day of November, 2020. CITY OF SCHERTZ, TEXAS Mayor, :Ralph Gutierrez City Secretary, Brenda Dennis 50506221.1 - 2 - PIn \/IOTA ':�IlRF)1 \ /I'InN1 6) o� LONE OAK VOL. 3, PG. CH /LNK FN C COR / 9 SUBD. UNIT 2 5 -6, G.0 R. Michelle T. Bidiger TO Rosario Rojas Doc #: 2017018261 31 JULY 2017 i Area 0.264 Ac. (CALLED) T.1E� . . 50 0 50 05 -04 -2020 100 150 .; DATE L. A. THOMPSON . R.P.L. S. N0. This original work is the result of deed research and manual interpretation of deeds for the working sketch construction hereon. Any and all copies of this drawing must bear the Surveyor's original seal and signature in red ink or the drawing is an unauthorized reproduction, which may have been altered or changed without the Surveyor's knowledge or consent. This original work is protected under the copyright laws, Title 17 United States Code, sections 101 and 102. All violators will be prosecuted to the fullest extent of the law. This professional service substantially conforms to the current Texas of Society of Professional Surveyors' Category 1A, Condition II Land Title Survey. Be it known that the Surveyor has relied upon, deeds, easements and courthouse research for the information depicted. GENERAL NOTES 1. Bearings shown are based on the Texas State Plane Coordinate System, NAD1983, as determined by GPS observations. 2. Electric and Gas Easement per Volume 217, Page 315 Guadalupe County Deed Records (GCDR) as shown hereon. 3. Sewer, Water and Electric Easement per Vol. 353, Pg. 274 -278, GCDR. 4. City of Schertz Ordinance as recorded in Vol. 379, Pg.169, GCDR. 5. Upon examination of the Flood Insurance Rate Map, (F.I.R.M.) Map Number 48187CO220F, Dated 11 -02 -2007, the tract hereon depicted lies partially in Zone: "AE ": Defined as: An area inundated by 1% annual chance flooding a.k.a. Regulatory Floodway, and partially in Zone AE for which Base Flood Elevations have been determined, All elevation data referenced to NAVD 1988/2012 Adjustment, 2012B Geoid Model. D I c 155 ACRES WARNING: This statement is based on scaling the location of this survey on the above F.I.R.M. This D. D I E TZ information is intended to be used to determine Insurance Rates only, and not to identify specific 472, G. C. D. R. flooding conditions. 6. Future redevelopment of the subject site is subject to the City of Schertz and Guadalupe County Ordinances, pertaining to building lines and to local, county and state subdivision platting procedures and regulations. 7. This survey plat is accompanied by a separate Metes and Bounds description, per the Texas Board of Professional Land Surveyors "General Rules of Procedures and Practices ", Section 663.19 (9). NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. LEASE FOR WASTEWATER TREATMENT FACILITIES SITE BETWEEN CIBOLO CREEK MUNICIPAL AUTHORITY AND CITY OF SCHERTZ This LEASE FOR WASTEWATER TREATMENT FACILITIES SITE (this "Lease ") is made and entered into by and between the CIBOLO CREEK MUNICIPAL AUTHORITY (the "Authority "), a conservation and reclamation district created under Article XVI, Section 59 of the Texas Constitution and Chapter 8166 of the Texas Special District Local Laws Code, as amended, and the CITY OF SCHERTZ (the "City "), a political subdivision of the state of Texas. Unless otherwise provided in this Lease, the Authority and City shall be referred to herein individually as a "Party," or collectively, as the "Parties." WHEREAS, the Authority owns and operates a regional wastewater system in the Cibolo Creek watershed (the "Authority System "); WHEREAS, the Authority owns certain facilities associated with the Authority System that are located on real property owned by the City for which the Authority and the City do not currently have an agreement regarding the Authority's use of such real property, WHEREAS, as a wholesale wastewater customer of the Authority, the City desires to lease to the Authority the real property on which the Authority's facilities are sited; NOW THEREFORE, in consideration of the mutual covenants, and agreements of this Lease, and other good and valuable consideration, the City leases to the Authority, and the Authority hereby agrees to assume responsibility of the leased premises, including but not limited to wastewater treatment and collection facilities, reclaimed water conveyance facilities, wastewater lines, reclaimed water lines, and a lift station owned and operated by the Authority (the "Facilities "), and the lands reasonably necessary to allow for the operation of the Facilities, with said lands being more particularly described in Exhibit A attached hereto. AGREEMENT Article I. TERM OF THE LEASE Section 1.01 Term of Lease. The term of this Lease is ninety -nine (99) years, beginning on the date this Lease is fully executed and ending ninety -nine (99) years from the anniversary date of this :Lease, unless terminated sooner as provided below. The Authority shall pay an annual rental rate of One Dollar, which shall be payable on the anniversary date of the execution of this Lease for each succeeding ninety -nine (99) years. Failure to timely pay the above One Dollar Lease fee shall not be considered a material breach of this Lease, unless the City has provided the Authority with written notice that they are in default of that provision and the Authority has failed to cure the default within sixty (60) days of the date that they receive notice of non-payment. Section 1.02 Termination. This Lease shall terminate upon the occurrence of any one of the following events: (a) ninety -nine (99) years from the date of the execution of this Lease; (b) at such time as the Authority, in mutual agreement with the City, determines that the Facilities are no longer necessary to provide wastewater treatment services and reclaimed water services; (c) upon mutual written agreement of the Parties; (d) upon the occurrence of any act of default contained in Article IV, which remains is not remedied for a period of sixty (60) days from the date of written notice of default is received from the Party. At such time as this Lease is terminated, as set forth above, the Authority shall return possession and operation of the Facilities to the City in good condition. The Authority shall be held responsible for the condition of the Facilities at the time the Lease is terminated, including any deterioration, decay, and /or damage to the Facilities and related structures as a result of negligence and/or intentional misconduct of the Authority. Article II. OPERATION AND MAINTENANCE Section 2.01 Operation and Maintenance. (a) The Authority will, throughout the Lease term, at its own expense, operate, maintain, and repair the Facilities and associated improvements in good order and condition, including but not limited to making all repairs as necessary to keep the Facilities in operation. All maintenance, repairs, and replacements required hereunder shall be performed promptly so as to ensure the continued operation of the Facilities. The Authority's obligations to operate, repair, and maintain the Facilities shall not extend any duty or obligation to operate, repair, or maintain any of the City's wastewater or reclaimed water facilities, which duties and obligation shall N remain the sole responsibility of the City. At such time as repairs are needed to be made to the Facilities, the Parties agree to cooperate with each other in order to facilitate the repair of the Facilities. (b) The Authority may, to the extent required to ensure the continued and uninterrupted operation of the Facilities make alterations or improvements to the Facilities as they deem necessary in its sole discretion. Any alterations or improvements made to the Facilities during the term of this Lease shall become the property of the City upon the termination of the Lease. (c) The City shall remain solely responsible for providing wastewater service to its customers, which wastewater service may involve the use of the Facilities for transporting the wastewater to the Authority's wastewater treatment plant. Nothing contained in this Lease shall impose any duties or obligation upon the Authority to provide, or assume for the provision of wastewater treatment service to individual customers of the City. The Parties specifically acknowledge and agree that nothing contained in this Lease is intended to confer any rights on any third parties under this Lease, including, but not limited to the City's customers, and shall not create any rights as third party beneficiaries for any party not a signatory to this Lease. Article III. INSURANCE AND DAMAGES Section 3.01 Insurance. The Authority will self - insure the Facilities against loss or damage in an amount sufficient to repair or replace the Facilities in the event of a total loss. The Authority shall provide general liability coverage and works compensation coverage against any accidents, injuries or damages occurring on the leased premises during the term of this Lease, in an amount consistent with the Authority's general liability coverage and workers compensation coverage the Authority System. Section 3.02 Damages; Duty to Make Repairs. If the leased premises, or any structures, or improvements located thereon, are damaged or destroyed by any cause or casualty, the Authority shall immediately give the City written notice of the damage or destruction, including description of the damage and to the extent known by the Authority, the cause of the damage. Upon any such partial or total destruction of the premises as may require the cessation of operations of the Facilities, the Authority shall take all steps necessary to provide for the temporary operation of alternative facilities so as to ensure the continued operation of the City's wastewater system. The City shall fully cooperate with the Authority and take whatever steps are necessary to ensure the continued operation of the City facilities. Article IV. DEFAULT Section 4.01 Authority Default. The Authority shall be deemed to be in default of its obligations under the terms of this Lease, if, within sixty (60) days of the date of receipt of notice of any of the following acts of default, the Authority has failed to cure said default. An act of default by the Authority shall mean: 3 (a) failure to provide for the continued operation of the Facilities in accordance with all applicable local, state, and federal regulations; (b) failure to reconstruct or repair any damages to the Facilities caused by any casualty loss; (c) failure to properly repair or maintain the Facilities; (d) failure to provide insurance coverage as referenced in Article III. Article V. GENERAL PROVISIONS Section 5.01 Assignability. Assignment of this Lease by either Party is prohibited without the prior written consent of the other Party, which consent shall not be unreasonably withheld, delayed or conditioned; provided however that City hereby consents to the assignment of this Lease to a conservation and reclamation district authorized by Article XVI, Section 59 of the Texas Constitution created for the purpose of owning and operating the Authority System and acting as successor in interest to Authority. Section 5.02 Amendment. This Lease may be amended or modified only by written agreement duly authorized by the respective governing bodies of the City and the Authority and executed by duly authorized representatives of each. Section 5.03 Necessary Documents and Actions. Each Party agrees to execute and deliver all such other and further instruments and undertake such actions as are or may become necessary or convenient to effectuate the purposes and intent of this Lease. Section 5.04 Entire Agreement. This Lease constitutes the entire agreement of the Parties and this Lease supersedes any prior or contemporaneous oral or written understandings or representations of the Parties regarding the Lease. Section 5.05 Applicable Law. This Lease will be construed under and in accordance with the laws of the State of Texas. Section 5.06 Venue. All obligations of the Parties created in this Lease are performable in Guadalupe County, Texas, and venue for any action arising under this Lease will be in Guadalupe County, Texas. Section 5.07 Duplicate Originals. This Lease may be executed in duplicate originals each of equal dignity. Section 5.08 Notices. Any notice required under this Lease may be given to the respective Parties by deposit in regular first -class mail or by hand - delivery and by email to the address of the other Party shown below: City: City of Schertz Schertz, Texas 78266 Email: !l Attention: Authority: Cibolo Creek Municipal Authority P.O. Box 930 Schertz, Texas 78154 Email: cdb@ccmatx.org Attention: General Manager Notices shall be deemed received on the date of delivery or within three calendar days of deposit in first -class mail. Section 5.09 Consents and Approvals. Wherever this Lease requires any Party, or its agents or employees to provide a consent, approval or similar action, the Parties agree that such consent, approval or similar action will not be unreasonably withheld or delayed. Section 5.10 Severability. Should any court declare or determine that any provisions of this Lease is invalid or unenforceable under present or future laws, that provision shall be fully severable; this Lease shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Lease and the remaining provisions of this Lease shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Lease. Furthermore, in place of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Lease a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. Texas law shall govern the validity and interpretation of this Lease. Section 5.11 Force Maieure. If any Party is rendered unable, wholly or in part, by force majeure to carry out any of its obligations under this Lease, other than an obligation to pay or provide money, then such obligations of that Party to the extent affected by such force majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. Such cause, as far as possible, shall be remedied with all reasonable diligence. Force majeure means acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of any governmental entity other than Authority or any civil or military authority, acts, orders or delays of any regulatory authorities with jurisdiction over the parties, insurrections, riots, acts of terrorism, epidemics, landslides, lightning, earthquakes, fires, hurricanes, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or any other conditions which are not within the control of a party. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the affected Party, and that the above requirements that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demand of the opposing Party or Parties when such settlement is unfavorable to it in the judgment of the affected Party. Section 5.12 Good Faith. Each Party agrees that, notwithstanding any provision herein to the contrary (i) it will not unreasonably withhold or condition or unduly delay any consent, approval, 5 decision, determination or other action which is required or permitted under the terms of this Lease, and (ii) it will act in good faith and shall at all times deal fairly with the other Party. Section 5.13 Authority of Parties Executing Lease, Validity. By their execution, each of the individuals executing this Lease on behalf of a Party represents and warrants to the other Party that he or she has the authority to execute the document in the capacity shown on this document. Each of the Parties further represent and warrant that this Lease constitutes a valid and binding contract, enforceable against it in accordance with its terms. Section 5.14 Exhibits. The following exhibit, attached to this Lease, is incorporated into this Lease as if fully set forth: Exhibit "A ": Legal Description of Leased Premises Section 5.15 Effective Date. This Lease will be effective from and after the last date of due execution by all Parties. Section 5.16 Recitals. The recitals contained in the preamble of this Lease and the attachments hereto are hereby found to be true, and such recitals and attachments are hereby made a part of this Lease for all purposes. (Signatures on following pages) M CIBOLO CREEK MUNICIPAL AUTHORITY C Kenneth Greenwald, Board President Date Reginna Agee, Treasurer COUNTY OF GUADALUPE This instrument was acknowledged before me on this day of , 2020, by Kenneth Greenwald, President of the Board of Directors of Cibolo Creek Municipal Authority, a conservation and reclamation district created under Article 1.6, Section 59, of the Texas Constitution, on behalf of said conservation and reclamation district. Notary Public, State of Texas Printed Name of Notary: My Commission Expires: 7 CITY OF SCHERTZ, TEXAS C Date COUNTY OF GUADALUPE This instrument was acknowledged before me on this day of , 2020, by of the City of Schertz, a political subdivision of the State of Texas, on behalf of said municipality. Notary Public, State of Texas Printed Name of Notary: My Commission Expires: Legal Description of Leased Premises ei Olum City Council November 10, 2020 Meeting: Department: City Secretary Agenda No. 8. Subject: Ordinance No. 20 -M -34 - Consideration and /or action approving an Ordinance by the City Council of the City of Schertz Texas amending the City Code of Ordinances Article I. in General, Section 2 -125 Designation of Records Management Officer, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. Final Reading (M. Browne /B. Dennis) BACKGROUND On October 27, 2020 City Council approved on first reading. In reviewing and updating the City of Schertz retention schedules with the Texas State Library and Archives Commission, we were informed that they still had on file and in their records Ms. Evelyn Boggess as the City of Schertz designated Records Management Officer. Title 6, subtitle C, Local Government Code (Local Government Records Act) provides that the City Council must establish by Ordinance an active and continuing records management program to be administered by a Records Management Officer. The City of Schertz by Ordinance 04 -M -13 adopted a Records management policy for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost - effective and efficient recordkeeping. At the time the Ordinance was approved the City of Schertz had a Records Department and named a Records Management Officer which was different from the City Secretary. In October 2009 the Records Management Officer moved to a different department and a Designation of Local Government Records Management Officer (RMO) form was sent to the Texas State Library and Archives Commission designating the City Secretary. At that time we believed the change was in effect. Per the Texas State Library and Archives Commission they require some form of governing body approval to change the Records Management Officer for the City of Schertz. By approving this Ordinance a copy will be sent to the Texas State Library and Archives Commission designating the City Secretary as the City of Schertz Local Government Records Management Officer. GOAL Designate the City Secretary as the Records Management Officer for the City of Schertz, as per the City's practice. By naming the City Secretary to serve as the Records Management Officer as opposed to an individual it would not require action on the City Council's part in the future. COMMUNITY BENEFIT Be consistent with the forms which are available and for use on our website for contact information. SUMMARY OF RECOMMENDED ACTION Approve final reading of Ordinance 20 -M -34 designating the City Secretary as the City of Schertz Records Management Officer. FISCAL IMPACT N/A RECOMMENDATION Approval of Ordinance 20 -M -34. Attachments Ordinance 20 -M -34 04 -M -13 2009 Designation form ORDINANCE NO. 20 -M -34 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS AMENDING THE CITY CODE OF ORDINANCES ARTICLE I. IN GENERAL, SECTION 2 -1.25 DESIGNATION OF RECORDS MANAGEMENT OFFICER REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 6, subtitle C, Local Government Code (Local Government Records Act) provides that the City Council must establish by Ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City of Schertz by Ordinance 04 -M -13 adopted a records management policy for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost - effective and efficient recordkeeping; and WHEREAS, at the time the Ordinance was approved the City of Schertz had a Records Department and named a Records Management Officer which was different from the City Secretary; and WHEREAS, in October 2009 the Records Management Officer moved to a different department and a Designation of Local Government Records Management Officer (RMO) form was sent to the Texas State Library and Archives Commission with a change of designating the City Secretary as the updated Records Management officer; and WHEREAS, per the Texas State Library and Archives Commission they require some form of governing body approval to change the Records Management Officer for the City of Schertz; and WHEREAS, by approving this Ordinance a copy will be sent to the Texas State Library and Archives Commission designating the City Secretary as the Schertz Local Government Records Management Officer as provided by State Law; and WHEREAS, The City Council has determined that it is in the best interest of the City to designate the City Secretary as the Records Management Officer. THAT: Section 1. DESIGNATION OF RECORDS MANAGEMENT OFFICER. The City of Schertz Texas desires to designate the City Secretary as the Records Management Officer and assume all duties of the Records Management Officer. Section 2. The City Secretary shall file his /her name with the Director and Librarian of the State Library within 30 days of the date of designation, as provided by State law. 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, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS ORDINANCE WAS PASSED and APPROVED on first reading this the 27th day of October, 2020. PASSED, APPROVED and ADOPTED on second reading this the day of , 2020. Ralph Gutierrez, Mayor Brenda Dennis, City Secretary 50310825.1 - 2 - F.1 z Ell 9 111 z WAN I A-1,1V wigs I'll m'qrpir-, JW,'j I Officer; Ld WHEREAS, the CITY OF SCBERTZ desires to adopt an ORDINANCE for that Turpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THJ CITY OF SCHERTZ, TEXAS: Rign VNIM1331 01101 157MI) WRIKINIM, MINIT-11 i 111 !1! 0 1111!111 1 1 I] ! 11 1 1 M 13:3 2 11a V (1) "Department head" means the officer who by ordinance, order, or VY receives records. (2) "Essential record" means any municipal record of the CITY OF SCHERTZ necessary to the resumption or continuation of govenunent operations of the CITY OF SCHERTZ in an emergency • disaster, to the recreation ► the legal and financial status of the CITY OF SCHERTZ, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any municipal record of the CITY OF SCHERTZ for which the retention period on a records control schedule issued by the Texas State Library and Archives Commission is given as permanent. (4) "Records control schedule" means a document prepared by or under T&S,-77113- 1•11,107 77.511-FUS UIRPTISIU017 T.L011111MV11 TINI71TJ records management program may require. M (6) "Records liaison officers" mean the persons designated under Section 10 of this ORDINANCE. (7) "Records management officer," means the person designated in Section 5 of this ORDINANCE. (8) " Records m anagement p Ian" m eans t he p Ian established under Section 6 of this ORDINANCE. (9) "Retention period" means the minimum time that must pass after the creatiol recording, • receipt of a record, • the fulfillment of certain actions associated with record, before it is eligible for destruction. SECTION 4. POLICY. It is hereby declared to be the policy of the CITY OF SCHERTZ to provide for efficient, economical, and effective controls over the creation, PA k3 (5) establish standards for filing and storage equipment and for recordkeeping supplies; 9 MW#TXIJ I W&G) WQ6J 1:0 tjl��� (7) provide records management advice and assistance to all municipi ,lepartments. (8) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records -management program; (11) advise Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this ORDINANCE; (14) bring to the attention of the CITY MANAGER non-compliance by department heads or other CITY OF SCHERTZ personnel with the policies and procedures of the records management program or the Local Government Records Act. [S 4 Dig 1:111111 WKI, PT.rfrf M Ist, NUNN 1114 IN 14 14,04.11 us (Wo U4, I I #'WKS) ZA 6) 1 Oly-,11,61 Lim No ME It 5-114s I a I I awr, 1,9014F; I � IMW ;i,11[111111;�Jj 1 6 #bW, lolls$ 196r-RIVA11111 PoRMIRUNIUMUNIN I .1011k 0 2 (2) adequately document the transaction of government business and the services, 1-programs, and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the CITY OF SCHERTZ and the requirements of this ORDINANCE. [I) U at lei 31 (a) conduct or supervise the conduct of inventories of the records of the department in preparation for the development • records control schedules; (b) in cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (c) disseminate information to department staff concerning the records � 0 Itz-g list li U I. MITITIM111 - c7ecords retention schedules issued by the state and that it continues to reflect recordkeeping procedures and needs of the department and the records managerm�ln% program of the CITY OF SCHERTZ. 0 �1 (c) Before its adoption a records control schedule or amended schedule for a department must be approved by the department head. #-TQUWM sched�les to the director and libra4a-c. I-01-w-M-01C WIN I CIRK41 a 13 D14111) 11-ORKWOUN V 10 w re Val I= R DIKU "I ILM110 W 31!wZf IN: I Dill elm ,?-,T,d procedures of the records management plan. MT VU rULUID'Y111 JVr alina i Miona period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained from the Records Management Officer. CENTER. A records center, developed pursuant to the plan required by Section 6, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations a nd u se o f t he records center shall be contained in the records management plan developed under Section •. SECTION 15. ELECTRONIC RECORD STORAGE. The Records Managemie Officer will also integrate the management of electronic records with other records a rr& r I objectives, responsibilities, and authorities in pertinent directives; establish procedu, j for addressing electronic records ep management requirements, including record kei roll �Ixfttffllkl", J31VOKIIII 6 Approved n_ first reading _ y of PASSED, APPROVED AND ADOPTED s the i5ty�ed1 ity of Schertz Volounty of _ +- FLIBLISHER'S AFFIDAVIT r imii�illillil��iiii!fgll iijUrgin .11 :11 // 'r"z 0 v 4 Sworn ore me this , day of .' Vey , AVERY e, GAROLANN P17a!y Pubic State of Texas :? My Comm Aan Wirer G8.72N04 o s t? �s - .. . Notary Public, Guadalupe County, Texas and a newspaper copy of which is hereto attached. Swom to nd subscribed before me this �-'�Cfday of I :7T= A.D•, 2004. 'rri l M"aft M ORMAWE OUNCIL OFA :;,CITY OF GE- NAPPd"MG A !RECORP!;' M ME ffi� I Mmww Ir I � I � I � I Film III M 4 AW CALMMILIJ IM� 'i,,y § 203.025, Local Government Cod On"IT-1-TEMOjam_ w. M mr, TTZ4 r. I =.- - U01 M., I I A Rs��� Agenda No. 9. ei 10um City Council November 10, 2020 Meeting: Department: Planning & Community Development Subject: Ordinance No. 20 -S -33 - Consideration and /or action upon a request to rezone approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located southwest of Graytown Road, stretching between Interstate highway 10 and Boenig Drive, City of Schertz, Bexar County, Texas, also known as Bexar County Property Identification Numbers 619201 and 619202. Final Reading (B. James/L. Wood /N. Koplyay) BACKGROUND This application is proposing to zone change approximately 204 acres of land from General Business District (GB) and Manufacturing Light (M -1) to Planned Development District (PDD). Under the proposed Graytown PDD Development Standards the base zoning for the subject property will be Single - Family Residential /Agricultural District (R -A), and the standards were modeled after the Estate Neighborhood Planned Development District (ENPDD) paradigm outlined in UDC Section 21.5.13. The ENPDD outlined in UDC Section 21.5.13 is intended to provide an alternative development option that supports the sustainable development goals of Schertz, protects open space and natural resources, and retains the predominantly rural character in Southern Schertz. The ENPDD can be utilized in areas that would otherwise be zoned Single - Family Residential/Agricultural (R -A) and are identified in the South Schertz Sector Plan under the Estate Neighborhood future land use designation. The ENPDD model maintains the proportional density of the R -A zoning district (0.5 acres per lot, or 2 dwelling units per acre) by allowing development that balances open space preservation with development opportunities by providing a more flexible residential cluster option. The allowance of residential clustering results in an overall density commensurate to individual lots zoned R -A, while promoting the preservation of large open space areas and the reduction of impervious coverage. The proposed Graytown PDD follows the ENPDD model development standards with one modification to the minimum open space requirement; the maximum overall residential density in the proposed Graytown PDD shall remain 2 dwelling units per acre (1.47 dwelling units per acre shown on the Conceptual Master Plan), whereas the minimum open space requirement is proposed to be reduced from 50% to 41%. The reason for this reduction in the open space requirement is to allow for larger Lots throughout the Graytown subdivision. The PDD Development Standards propose two separate lot categories: SF80 and SF 100. The SF80 lot category shall consist of lots with a minimum area of 10,400 sf (80' width x 130' depth), and the SF 100 lot category shall consist of lots with a minimum area of 13,000 sf (100' width x 130' depth). Please see the below table for reference. The overall Graytown subdivision must also consist of at least 50% SF100 lots, which ensures that the average lot size within the overall development is 11,700 sf (90' width x 130' depth) at an absolute minimum. Reducing the minimum open space requirement on -site from 50% to 41%, without compromising the traditional maximum overall residential density of 2 dwelling units per acre, allows for the development of larger lots while maintaining the natural open spaces that are characteristic of large areas in Southern Schertz. Lot Dimensional Requirements Lot Category and Use Classification Min. Area (sf) Min. Width (ft) Min. Depth (ft) SF 80 Single - Family Residential 10,400 80 130 SF ] 00 Single- Family Residential 13,000 F 100 130 Of the 41% required open space, which equates to approximately 84.5 acres of land, a maximum of 10% shall be designated for active recreation uses, preserving the rest of the open space in its natural condition. This requirement remains unchanged from the sample ENPDD development standards listed in the UDC. Approximately 43.5 acres of the designated open space will be dedicated as public park, with approximately 10.5 acres outside the 100 -year floodplain and 33 acres within the floodplain. The developers of Graytown are proposing to improve the public park to allow for both passive and active recreational uses, including a playscapefplayground, pavilion, parking lot, restrooms, a baseball field back -stop, and a pedestrian pathway. The open space inside the 100 -year floodplain will also include the preservation of two ponds that are unique to the area, and will leave room for a future walking trail to be developed around the entirety of the dedicated public park. Please see the proposed Overall Open Space and Park Plan for reference. The Parks and Recreation Advisory Board met on August 24, 2020 and accepted the public park proposed with the Graytown subdivision. The remaining approximately 41 acres of open space is dispersed throughout the rest of the subdivision, primarily in order to connect homes to the public park through open space corridors, preserve drainage channels, and buffer the single- family residential homes from the thoroughfares. The additional changes to the UDC proposed in the Graytown. PDD Development Standards are regarding the maximum height and maximum number of subdivision entry signs, and the maximum number and permitted duration of development signs. Please see the below table for the proposed changes to UDC Sec. 21.1.1.15 and Sec. 21.11.1.8, and to see the proposed regulations compare to the current ones. Proposed Sign. Regulations Comprehensive Plan Goals and Objectives: The Comprehensive Plan, through the South Schertz Sector Plan, identifies the subject properties as Estate Neighborhood. The Estate Neighborhood future land use designation is intended to address residential development patterns in Southern Schertz by requiring a minimum lot size of 0.5 acres. This leaves two potential options for redevelopment in the Estate Neighborhood designated areas: R -A zoning with mandated minimum 0.5 acres per lot, or the ENPDD zoning alternate development option that mandates an equivalent overall density to the R -A zoning district, while also allowing for residential clustering to preserve larger open spaces and reduce infrastructure costs. The proposed zone change to PDD closely mirrors the ENPDD model in UDC Sec. 21.5.13 with a small reduction to the minimum open space requirements in order to develop larger lots, which have been prioritized by the Planning and Zoning Commission and City Council in past discussions regarding PDD residential subdivisions. The proposed zone change meets the goals and objectives of the Estate Neighborhood future land use designation, and is therefore in conformance with the Comprehensive Land Use Plan. Impact to Infrastructure: The proposed zone change should have a minor impact on the existing planned public water and wastewater systems. Potential improvements to existing public roadways will be identified through the Traffic Impact Analysis Study during the Master Development Plan process. Right -of -way dedication along the on -site roadways identified on the Master Thoroughfare Plan, i.e. Graytown Road, Boenig Drive, and Scenic Lake Drive, will be required if necessary to meet the property owner's obligation of the ultimate thoroughfare section. The development of the subject properties will also require the partial dedication and construction of Binz- Engleman Road, which is identified on the Schertz Master Thoroughfare Plan as a Secondary Rural Arterial with a 90' Right -of -way section. Impact to Public Facilities /Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by agriculture /undeveloped land and single- family residential land. The proposed zone change to PDD with R -A as the base zoning district is compatible with the existing and potential adjacent land uses. Planning and Zoning Commission Recommendation: Thirty -one (3 1) public hearing notices were mailed to surrounding property owners on August 28, 2020, and a public hearing notice was published in the "San Antonio Express" on October 7, 2020. At the time of this staff report, staff has received two (2) responses in favor of the proposed zone change and two (2) responses opposed to the proposed zone change. The Planning and Zoning Commission met on September 9, 2020 and made a recommendation to City Council to approve the proposed zone change by a 4 -3 vote. The Commissioners spoke at length regarding the proposed lot size distribution in the Graytown subdivision, the potential drainage facilities serving the proposed subdivision, the wastewater facilities serving the proposed subdivision, as well as the differences between the development standards proposed as part of the Graytown PDD and the sample development standards for an Estate Neighborhood PDD listed in UDC Sec. 21.5.13. The following Commissioners were opposed to the proposed zone change for the described reasons: • Commissioner Braud is opposed to the proposed zone change because of the difference in the minimum open space requirements in the Graytown PDD and the ENPDD example from UDC Sec. 21.5.13: the Graytown PDD is proposing a 41 % minimum open space requirement and the ENPDD example lists a 50% minimum open space requirement. • Commissioner Greenwald is opposed to the proposed zone change because the proposed Graytown PDD, which has a single- family residential base zoning district, abuts Interstate Highway 10, albeit the section adjacent to the highway is demarcated as part of the required open space. He also had drainage concerns for the proposed subdivision. • Commissioner Evans is opposed to the proposed zone change because of the proposed sign regulations, and "loose ends" that were not resolved during the zone change presentation and discussion. The following project representatives were in attendance and spoke at the Planning and Zoning Commission public hearing: • David Rittenhouse, Bitterblue, Inc., Developer • Brooke Lindholm, Pape- Dawson Engineers, Project Engineer GOAL The project goal is to rezone approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD) located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive. The Graytown PDD will consist of single - family residences and public parkland. COMMUNITY BENEFIT It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. SUMMARY OF RECOMMENDED ACTION The proposed zone change to PDD would rezone the property into conformance with the Estate Neighborhood future land use designation in the South Schertz Sector Plan. The proposed PDD will closely follow the ENPDD zoning model outlined in Schertz UDC Sec. 21.5.1.3, which is an alternative development option for properties designated as Estate Neighborhood. The ENPDD development option mandates an equivalent overall density to the R -A zoning district and a minimum open space requirement. The ENPDD model can be advantageous in Southern Schertz by allowing the developer to cluster the residential development; the clustered single- family residential homes allows for a greater preservation of large open spaces in their natural condition, as well as a reduction of infrastructure costs. The Graytown subdivision is proposing a minor reduction to the open space requirements displayed in the sample development standards in UDC Sec. 21.5.13 from 50% to 41% in order to develop larger lots with an overall average lot size of 11,700 sf at an absolute minimum. The larger lots have long been considered a desirable element for residential subdivisions in the City of Schertz by our Planning and Zoning Commission and City Council, and the 9% reduction in open space preservation will allow for the development of larger lots without compromising the Estate- Neighborhood - preferred maximum overall residential density of 2 dwelling units per acre. Of the 41% required open space preservation, approximately 43.5 acres of the designated open space will be dedicated as public park, with approximately 10.5 acres outside the 100 -year floodplain and 33 acres within the floodplain. The proposed Park Plan outlines public park improvements to allow for both passive and active recreational uses, including a playscape /playground, pavilion, parking lot, restrooms, a baseball field back -stop, and a pedestrian pathway. The open space inside the 100 -year floodplain will also include the preservation of two ponds that are unique to the area, and will leave space for a future walking trail to be constructed around the dedicated public park. The proposed zone change to PDD under a modified version of the ENPDD model meets the goals and objectives of the Estate Neighborhood future land use designation in the South Schertz Sector Plan. Along with the Schertz Parks and Recreation Advisory Board, Staff also believes the dedication and improvement of the public parkland proposed with Graytown will be a welcome addition to the Parks and Recreation Master Plan. The proposed zone change will also have a minimal impact on the existing and potential adjacent land uses, and will allow for the dedication and construction of necessary public infrastructure to support growth in Southern Schertz. Therefore, Staff, in conjunction with the Planning and Zoning Commission, recommends approval of the proposed zone change as submitted. u_ ' None RECOMMENDATION Staff recommends approval of the proposed zone change to Planned Development District (PDD). Attachments Ordinance 20 -S -33 Ordinance 20 -S -33 Exhibit A Ordinance 20 -S -33 Exhibit B Ordinance 20 -S -33 Exhibit C Aerial Map Conceptual Site Plan Exhibit Conceptual Park Plan Park Phase I Improvements Conceptual Plan Public Hearing Notice Map Public Hearing Notice Responses ORDINANCE NO. 20-S-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 204 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) AND MANUFACTURING LIGHT DISTRICT (M -1) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOCATED SOUTHWEST OF GRAYTOWN ROAD, STRETCHING BETWEEN INTERSTATE HIGHWAY 10 AND BOENIG DRIVE, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 619201 AND 619202. WHEREAS, an application to rezone approximately 204 acres of land located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Criteria "); and WHEREAS, on September 9, 2020, 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 according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on October 27, 2020, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD) Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 27t" day of October, 2020. PASSED, APPROVED AND ADOPTED on final reading the 10th day of November, 2020. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) rim I, PAPE-DAWSON ENGINEERS A 204.00 acre tract of land situated within the corporate limits of the City of Schertz, Bexar County, Texas, being out of the Antonio Zamora Survey No. 36, Abstract 828, County Block 5083, same being a portion of a 205.081 acre tract conveyed unto Leanin' Dipper Investments, LTD., et al by warranty deed executed March 24, 2010 and recorded in Volume 14817, Page 1930, Official Public Records of said county and state, and a portion of an 18.09 acre tract conveyed unto the same by warranty deed executed March 14, 2011 and recorded in Volume 14973, Page 1026, said Official Public Records. In all, said 204.00 acre tract being more particularly described as follows, with bearings based on said Volume 14817, Page 1930: COMMENCING: at a point at a cut-back comer at the intersection of the north line of Interstate Highway No. 10 and the west line of Graytown Road, same being the east comer of said 18.09 acre tract; THENCE: with and along the north line of said Interstate Highway No. 10, and with and along the south line of said 18.09 acre tract the following courses: South 18' 46'23" West, 130.56 feet to a point; South 69' 31' 23" West, 289.65 feet to a point; And South 60' 20' 23" West, 270.36 feet to a point for a southeast exterior comer and POINT OF BEGINNING of this tract; THENCE: continuing with and along the north line of said Interstate Highway No. 10, South 60' 20'23" West, 236.02 feet to a point; and South 69' 27' 23" West, 611.92 feet to a point at a southeast exterior comer of a 94.096 acre tract of land conveyed unto Flotex Developers, L.L.C. by warranty deed executed July 20, 2006 and recorded in Volume 12269, Page 114, said Official Public Records, same being the southwest comer of said 18.09 acre tract and a southwest exterior comer of this tract; THENCE: with and along the southeast line of said 94.096 acre tract, North 29' 37' 23" East, 600.85 feet to a point at the south comer of said 205.081 acre tract; THENCE: departing the northwest line of said 18.09 acre tract, with and along the northeast line of said 94.096 acre tract and the southwest line of said 205.081 acre tract, North 60' 24'29" West, 2,508.97 feet to a point on the southeast line of a 77.494 acre tract Page I of 3 TBPE Firm Registration #4701 TBPLS Firm Registration #10028800 S a n A n t o n i o I A u s t i n I H o u s t o n I F o r t W o r t h I D a l l a s Transportation I Water Resources I Land Development I Surveying I Environmental 2000 NW Loop 410, San Antonio, TX 78213 T: 210.375.9000 www,Pape-Dawson.com 204.00 Acres (Zoning) Job No. 9093-19 Page 2 of 3 conveyed unto Brycap Farm Properties, LLC by warranty deed executed January 1, 2009 and recorded in Volume 13921, Page 157, said Official Public Records; THENCE: with and along the southeast and southwest lines of said 77.494 acre tract, North 29' 41' 19" East, 503.91 feet to a point; and North 67' 42'27" West, 690.09 feet to a point on the east line of Scenic Lake Drive, same being the north corner of said 77.494 acre tract; THENCE: with and along the northeast line of said Scenic Lake Drive, and continuing with and along the southwest line of said 205.081 acre tract, North 30' 00'00" West, 15.78 feet to a point; and North 67' 37' S6" West, 1,101.82 feet to a point at a cut-back comer on the east line of Boenig Drive; THENCE: with and along said east line and the west line of said 205.081 acre tract, North 02' 53'55" West, 25.49 feet to a point; and North 30' 00'00" East, 2,303.73 feet to a point; THENCE: across said 205.081 acre tract the following courses: South 60' 00'00" East, 723.57 feet to a point; North 49' 10' 12" East, 139.96 feet to a point; And North 51' 47' 00" East, 88.56 feet to a point on the southwest line of said Graytown Road, same being on the northeast line of said 205.081 acre tract; THENCE: with and along said southwest and northeast lines the following courses: South 38' 13'00" East, 637.09 feet to a point; South 37' 55'32" East, 1650.96 feet to a point; South 37' 26' 03" East, 123.81 feet to a point; South 34' 04'47 East, 144.31 feet to a point; And South 29' 01'45" East, 1,328.98 feet to a point at the north corner of said 18.09 acre tract; THENCE: continuing with and along said southwest line, and with and along the northeast line of said 18.09 acre tract, South 29' 20' 37" East, 271.85 feet to a point; THENCE: across said 18.09 acre tract and said 205.081 acre tract the following courses: North 75' 10' 05" West, 89.11 feet to a point; IT is ENGINEERS 204.00 Acres (Zoning) Job No. 9093-19 Page 3 of 3 South 59° 53' 51" West, 592.97 feet to a point; And South 29' 34' 21" East, 773.87 feet to the POINT OF BEGINNING, and CONTAINING 204.00 acres, or 8,886,409 square feet of land more or less. Said tract being described in conjunction with a graphic depiction thereof prepared under job number 9093-19 by Pape-Dawson Engineers, Inc. PREPARED BY: Pape-Dawson Engineers, Inc. DATE: May 8, 2019 JOB NO. 9093-19 DOC. ID, N:\Surveyl9\19-9000\9093-19\Word\9093-19—FN—EX-6AC.docx 0 F ......................... ! 6527 _: rffj ENGINEERS III! N M NOTES: PROPERTY OWNERSHIP KEY Q TORRES DAVID & EVELYN S I ALL INTERNAL STREETS WITHIN THE M.D.P. LIMITS ARE LOCAL °A" WTH A 50' (D BARNETT GLENN H & JANET K R,O,W „30' PAVEMENT AND 10' PARKWAYS UNLESS OTHERWISE NOTED O RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 2 REFERENCED PROPERTY IS IN ZONE 0 A PORTION OF GRAYTOWN IS WITHIN O RESERVE AT SCHERTZ HOMEOWNERS ASSOCIA NON INC THE 100 -YEAR FEMA FLOODPLAI,N AS SCALED FROM FEMA FLOOD MAP 435 OF 785, COMMUNITY PANEL NO 48029CO435, DATED SEPTEMBER 29, 2010 (D MAIN FRANCIS SCOTT 3. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR (D RESERVE AT SCHERTZ HOMEOWNERS ASSOCIA110N INC ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT Oy ANTHONY MARGARFFT SARANN & WILI..IAM E ANTHONY ( TAYLOR TYRON DALE & STOUTON- TAYLOR ROSLYN R NOTES. (D BREWSTER KEVIN I & EARNEr M Q RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 1. EXISTING GENERA[.. BUSINESS ZONING ACREAGE'. - 57.72 ACRES (D TINSON FERENIE & REGINALD 2, EXISTING MANUFACTURING (LIGHT) ZONING ACREAGE -- 146.29 ACRES Q BEE WIUTAM & SHIRFLFNE. 3, PROPOSED PLANNED DEVELOPMENT DISTRICT ACREAGE- SOTS ACRES Q WEIR DANIEL F & ALAINA M 'O° RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC O HUFFMAN MARSHALL GRAYTOWN RD °;° r 0 (VARIABLE WIDTH ROW) 4 N37 552” — -- N38'1300'.."W 37.0 T7 GENERAL a \C BUSINESS CE ANNUAL xHANGEY LINE TABLE LINE N BEARING LENGTH HE IT Iii Psi O MILLER ALFRED & TO NELL 1 °� CITY OF (D ROPER BURNIE IF & LAWANDA L LEGEND SCHERTZ C,r , G) RUFFIN JOEZETT LATRICE �1 3 C101Tp O RICKS TIMOTHY & DORETHEA G PROPOSED ZONING BOUNDARY /�vSi AWE O RAGAY DOMINADOR S & GRACE R RIGHT OF WAY SITE O VINSON ALONZA & COURTLIN CONTOURS - -- 976 l7 O PARSONS LYNN M EASEMENTS -- — — — — (D BOHANNON -BEY PAMELA & RUMEL GREENBEI..T — — — — — — zOs COSGROVE MATTHEW T EXISITING ZONING BOUNDARY — — 1 /M5 0 O PROPOSED 10 YEAR MUZNY ALAN G & BARBARA K FE MA FLOODPLAIN _ E O MELLO MARK T & MELLO JANET E'. NOTING 100 Y„ AR O MELLO MARK T & MELLO JANET FE MA FLOODPLAIN r�'V 1 BOX zoo' NOTIFICATION BOUNDARY au..0 xs.a,,,e .,m „sa BEXAR I@ VELMA ENTERPRISE COUNTY .. O VEI MA DEVELOPMENT LLC ' VELMA DEVELOPMENT LLC LOCATION MAP Q VELMA DEVELOPMENT LLC NOT -TO- SCALE'. O- _ 14 ECCTV ASEMENT > ® _1 fi r+ GRAYTOWN RD Lt L2 tUaRIweL-1650.96' E— Hw1 — N29203' 7 .,. 271.8_5 17 GREENBELT T 3 ROW 1% (too 1'R) DEDICATION�V� _ — -- Exls nlvc zowuc ANNUAL CHANCE GENERAL BUSINESS FEMA FLOODPLAIN RED _ _.�, J o P DATED SEpNO FLOOD MAP i No 4e029co435 ` „ v GENERAL j �� EMBER ze zoTO - BUSINESS 1 m° ` R N6p — NA A FLOOD A A �% FEMA FLOOD 123 �, s3o \ 6' NQ 4802900436 T - DATED SEPTEMBER 29. C0'0��� PROPOSED 100 YR Y Cl.�.pf1I1 E FEMA i 20 01 EXISTING ZONING la EGC-ry " 2A' DRAINAGE 'F �PR0p O5ED 100 YR-/ TO - GENERAL BY ��— EASEMENT J Q V, MENT T A �'� O FEMA FLOODPLAIN i T o S, EXISTING romNO X � � 2 FAQ U,® // MANUFACTUTURINC (ucla r) °oo �/ �N^""'" NS 16 SANITARY SEWER EASEMENT / ;S, (voL 14817 PAS 1930 -1934 DPR)_X� MME P P 0- 8 A, AS �� t g�N Ego za2 6 W w yo& f f >o � 1 ,,y9 zoo' NoTIFicATIoN BOUNDARY ( + G ,�✓` pry u' pi. eE W- , ,Eta FACTS ,k" 'I O9 Y,, �3 ) Wp EASEMENT 2` So y9p % sE A, qA Y c N.� 0. 10 (,REENeo -T ' ,P` 8` E W� G, sx � 5G� 0 IS SHE, ZONING EXHIBIT 1 ' F, ``l r LEGAL DESCRIPTION: P THE PROPERTY IS COMPRISED OF 204.0 ACRES TOTAL. WHICH WILL BE REZONED TO ESTATE NEIGHBORHOOD PLANNED DEVELOPMENT DISTRICT(ENPDE). AS SPECIFIED IN THE UNIFIED DEVELOPMENT CODE (UDC(. AS OUTLINED IN THE ADD ZONING EXHIBIT (EXHIBIT 8). 204.01 ACRES WILL DEVELOP IN ACCORDANCE WITH THE BASE ZONING DISTRICT OF SINGLE FAMILY RESIDENTIAIN AGRICULTURAL DISTRICT RA) THE PROPERTY BORDERS ON GRAYTOWN `'oE HP e +5 RD, BOEING RD, SCENIC LANE RD, AND I -10E UNLESS OTHERWISE SPECIFIED HEREIN, ALL FUTURE DEVELOPMENT ON THE PROPERTY SHALL BE GOVERNED BY THE UDC AS AMENDED, ANTONIO ZAMORA SURVEY NOLMR, ABSTRACT 828, COUNTY BLOCK 5083. APPLICANT: ENGINEER & DESIGNER: [..ADDIS DENTON PAPE - DAWSON ENGINEERS, INC BY: BITTF.RBLLE, INC 2000 NW LOOP 410 T1 LYNN BATTS LANE )/100 SAN ANTONIO TEXAS 78213 SAN ANTONIO, TEXAS 78218 OFFICE: (2 10) 375 -0000 (210) 828 -6131 FAX. (2 10) 375 -9010 OWNER: PAPE- DAWSON POBO DIPPER INVESTMENTS, LTD ENGINEERS PO BOX 120217 SAN ANTONIO, TEXAS 78212 F� (210)- 419 -2467 SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH I DALLAS 2000 NW LOOP 410 1 SAN ANTONIO, TX 78213 1 21D375.9000 TAPE FIRM REGISTRATION 1470 � TSPLG FIRM REGISTRATION #10028100 PREPARED: AUGUST 17, 2020 Z O Q ED co 6 IS 1. TORRES DAVID & EVELYN S 2.8 2. BARNETT GLENN H & JANET K 1.693 3 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 0.2011 4 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 1.2903 5 MAIN FRAN IS SCOTT 0.7121 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 0.2011 6 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 0.2291 7'. ANTHONY MARGARET SARANDI & WILLIAM E ANTHONY 0.5411 8 TAYLOR TYRON DALE & STOUTON- TAYLOR ROSLYN R 0.7265 9 BREWSTER KEVIN I &EARNEYM 1.0433 10 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 0.2011 11 TINSON FERENIE & REGINALD 0.6866 12 BEE WILLIAM & SHIRLENE 0.5871 13'. WEIR DANIEL F & ALAINA M 0.6077 14 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 0.18 15 HUFFMAN MARSHALL 0.5852 16 MILLERALFRED &JO NELL 0.5461 17 ROPER BURNIE L& LAWANDA L 0.5705 18 RUFFIN JOEZETT LATRICE 0.5457 19'. RICKSTIMOTHY & DORETHEA G 0.5439 20 RAGAY DOMINADOR S & GRACE R 0.5372 21 VINSON ALONZA & COURTLIN 0.5664 22 PARSONS LYNN 0.6838 23 BOHANNON -BEY PAMELA &RUMEL 0.7503 24 COSGROVE MATTHEW T 30.783 25'. MUZNY ALAN G & BARBARA K 49341 26 MELLO MARK T &MELLO JANET 0.5 27 MELLO MARK T &MELLO JANET 1.5 28 KGG ENTERPRISES 4167 29 VELMA DEVELOPMENT LLC 43.521 30 VELMA DEVELOPMENT LLC 12.93 31. VELMA DEVELOPMENT LLC 101.79: BOECK FARM CO LTD 289.441 BRYCAP FARM PROPERTIES LLC 77.494 GRAYTOWN SUBDIVISION oral OCT 659192 VOL 11940, PG 0856, DPR atential Development Land R -A 619198 JALEN CT, SCHERTZ, TX 78154 ngle Family R A 1193850 VOL 16470, PG 2038, DPR ngle Family RA 1267450 VOL 18503, PG 0227, DPR ngle Family -RA 1267451 - - ngle Family RA 1267452 VOL 16470, PG 2038, DPR ngle Family R A 1267435 VOL 18503, PG 0227, DPR ngle Family R -A '.. 1267434 6747 IVY MTN, SCHERTX, TX 78154 ngle Family RA 1267433 6627 IVY MTN, SCHERTZ, TX 78154 ngle Family R A 1267432 VOL 18840, PG 2475, DPR ngle Family R A 1193850 VOL 16470, PG 2038, DPR ngle Family RA 1193853 VOL 18439, PG 2178, DPR ngle Family R A 1193852 VOL 17033, PG 2387, DPR ngle family R -A 1193851 '.. VOL 17046, PG 1862, DPR pmeowners A-dat cm R A 1205802 VOL 16880, PG 1718, DPR ngle Family R A 1205801 VOL 17376, PG 2234, DPR ngle Family RA 1205800 VOL 16983, PG 1870, DPR ngle Family R A 1205799 VOL 17046, PG 1862, DPR ngle Family RA 1214097 VOL 18956, PG 297, DPR ngle Family R -A 1214096 VOL 17561, PG 2208, DPR ngle Family RA 1214095 VOL 17278, PG 86, DPR ngle Family R A 1214094 VOL 17261, PG 1302, DPR ngle Family R A 1214093 VOL 18237, PG 273, DPR ngle Family RA 1214092 VOL 17759, PG 1450, DPR atent al Development Land R A 1249153 VOL 18612, PG 0468, DPR atential Development Land R -A /GB 619230 VOL 4762, PG 1292, DPR Scant Land GB 619237 VOL 19023, PG 1465, DPR Aral GB 619229 VOL 19023, PG 1465, DPR '.orage Yard GB 619232 VOL 2898, PG 2250, DPR Aeatial Development Land OCT 619030 VOL 14817, PG 2029, DPR atential Development Land OCT 1272550 VOL 14817, PG 2029, DPR Annual Development Land OCT 619038 VOL 16766, PG 0459, DPR >tental Development Land M-1/GB 619017 VOL 14371, PG 1812, DPR atental Development Land M-1/GB 619208 VOL 13921, PG 0157, DER 20060035296 6651 N GRAYTOWN RD, CONVERSE, TX 78109 10650 BOENIG DR, SCHERTZ, TX 78154 20130251601 N GRAYTOWN RD, SCHERTZ, TX 78154 20170087766 JALEN CT, SCHERTZ, TX 78154 20180087590 7003 JALEN CT, SCHERTZ, TX 78154 20130251601 PAYTON WAY, SCHERTZ, TX 78154 20170087766 PAYTON WAY, SCHERTZ, TX 78154 20190110214 .JALEN CT, SCHERTZ, TX 78154 20200063637 6995 JALEN CT, SCHERTZ, TX 78154 20170222905 10202 GAGE CONNELL, SCHERTZ, TX 78154 20130251601 N GRAYTOWN RD, SCHERTZ, TX 78154 20170062720 6811 IVY MTN, SCHERTZ, TX 78154 20150001308 6807 IVY MTN, SCHERTZ, TX 78154 20150006894 6803 IVY MTN, SCHERTZ, TX 78154 20140164217 N GRAYTOWN RD, SCHERTZ, TX 78154 20150141836 6747 IVY MTN, SCHERTX, TX 78154 20140206261 6743 IVY MTN, SCHERTZ, TX 78154 20150006535 6627 IVY MTN, SCHERTZ, TX 78154 20180013664 6623 IVY MTN, SCHERTZ, TX 78154 20150222405 6619 IVY MTN, SCHERTZ, TX 78154 20150101511 6615 IVY MTN, SCHERTZ, TX 78154 20150095042 6611 IVY MTN, SCHERTZ, TX 78154 20160238053 6607 IVY MTN, SCHERTZ, TX 78154 20160053164 10204 LENO WAY, SCHERTZ, TX 78154 20170131460 GRAYTOWN, TX 1882085 11403 INTERSTATE 10 E, SCHERTZ, TX 78154 20180042172 5190 GRAYTOWN RD, SCHERTZ, TX 78154 20180042172 5190 GRAYTOWN RD, SCHERTZ, TX 78154 11185 E IH 10, SCHERTZ, TX 78154 BOENIG DR, SCHERTZ, TX 78109 - - -- -- BOENIG DR, SCHERTZ, TX 78109 20140116885 6410 N GRAYTOWN RD, CONVERSE, TX 78109 20100029666 4703 SCENIC LAKE DR, SCHERTZ, TX 78154 20090056951 11549 INTERSTATE 10 E, SCHERTZ, TX 78154 Graytown Estate Nei!hborhood Planned Development District (ENPDD) The Property: The property is comprised of 204 acres total, which will be rezoned to Planned Development District (PDD), while aiming to follow the regulations established in the Unified Development Code (Section 21.5.1.3) for the Estate Neighborhood Planned Development District (ENPDD) model. As outlined in the Conceptual Master Development Plan (Exhibit A), the entire acreage will be developed in accordance with the base zoning district of Single - Family Residential /Agricultural District (RA). The property borders on Graytown Rd., Boenig Rd., Scenic Lake Rd., and I -10E. Unless otherwise specified herein, all future development on the property shall be governed by the UDC as amended. AFFECTED UDC ARTICLES UDC Section 21.5.7 Dimensional and Development Standards: Two lot sizes will be introduced and developed in the ENPDD. They are coded as SF80 and SF 100. The dimensional standards of these two lot sizes are described in Table 1. A minimum of 50% of the total lots in the Graytown ENPDD shall be SF 100 lots. Table 1- Dimensional Reauirements Code Classification Min. Min. Min. Min. Min. Min. Min. Max Max Area Width Depth Front Side Rear Parking Height Impervious Setback Setback Setback Cover SF80 Single Family 10,400 80' 130' 25' 10' 20' 2 35' 50% SF100 Single Family 13,000 100' 130' 25' 10' 20' 2 35' 50% UDC Section 21.5.13.F.1 Estate Neighborhood Planned Development District (ENPDD) Development Standards — Residential Density The maximum gross density established in the Graytown ENPDD shall be 2 dwelling units per acre. The proposed gross density in the Conceptual Master Development Plan (Exhibit A) is 1.47 dwelling units per acre. UDC Section 21.5.13.F.2.a Estate Neighborhood Planned Development District (ENPDD) Development Standards — Open Space Requirement A minimum of forty one percent (41 %) of the gross total acreage in the application, including developable and undevelopable land, shall be designated as open space for natural habitat, passive recreation, and /or conservation or preservation, including conservation for agricultural and forestry uses. Forty one percent (41 %) of the proposed PDD amounts to 84.37 acres. Of the 84.37acres of open space, 43.58 acres are part of the public park, of which 10.58 acres are outside of the floodplain and 33 acres are within the floodplain. Graytown will contribute improvements to the open space to allow for both passive and active recreational uses. These improvements will include a playscape /playground, pavilion, parking lot, restrooms, baseball back -stop, and pedestrian pathway (Exhibit B & B1). recreation Active uses may be but • recreation shal I not exceed ten percent (10%) of the total required open space. The design criteria for such open space shall be as follows: slopes, i. Where possible, priority shall be placed on preserving drainage corridors, creeks, steep •• t areas, • and other environmental that be within the EN District. Where possible, designated open space shall be contiguous existing open space on • order to provide large of open space. space ii. Open physically connected, whenever possible, to the South Schertz Open Space System outlined in the Schertz Parks Master Plan and North and . ` • rk Plans. Designated public trail • District shall t • • h the subdivisio iii. Access shall be provided i designated passive recreation or open space or . areas from or •! • iv. Access will not be required if the open space is to remain in active agriculture or forestry or if the natural areas contain habitat where public access should be limited. UDC Section 21.11.15 Subdivision Entry Signs B. Maximum Height: Subdivision entry signs shall be monument signs and shall have a maximum height of six feet (6), unless it is incorporated into the masonry perimeter fence on Graytown Rd. that is required by the UDC to be eight feet (8') in height, in which case the subdivision entry signs and the return walls leading to the first intersection within the community shall also have a maximum height of eight feet (8'). D. Maximum Number of Signs: Subdivision entry signs will be located at the three (3) entrances on Graytown Rd. No more than one (1) subdivision entry sign shall be permitted at each subdivision entrance on Graytown Rd., unless such subdivision entry sign is incorporated into a masonry perimeter fence, in which case there may be allowed two (2) subdivision entry signs (one on either side of the subdivision entrance and incorporated into a masonry perimeter fence). UDC Section 21.11.18 Development Signs C. Number of Signs: Community shall be permitted one sign per entry of a residential subdivision not to exceed four (4) total signs. The area and height of the signs shall be in accordance with UDC requirements. D. Duration: Development signs shall be installed after approval of the final plat for a residential subdivision. Signs are permitted for the community for a duration of ten (10) years from the plat recordation of the first plat of the subdivision. Amendments to the Planned Development District (PDD): Any significant future changes from the established Dimensional Requirements for the approved PDD, which alter the concept of the PDD or increase the density, will cause the plan to be re- submitted for approval by the Planning & Zoning Commission and the City Council, including a new public hearing with applicable fees. Minor changes which do not change the concept or intent of the development shall be approved or denied administratively. Attachments Included on Following Pam - Exhibit A: Conceptual Master Development Plan - Exhibit B & BI: Overall Open Space & Park Plan 0 0 c 0 W E LCi 0 N 0 N N Q a; a 0 9 ED i a x x i c So 2 a; CURVE TABLE CURVE # RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 325.06' 90'07'59" S7'08'28 "W 460.23' 511.35' C2 14.00' 90'00'00" S7'04'28 "W 19.80' 21.99' C3 665.11' 22'04'28" S41'02'14 "W 254.67' 256.25' C4 45.01' 27'51'10" S53'46'52 "E 21.66' 21.88' C5 75.01' 105 °41'15" N46 °45'30 "W 119.57' 138.37' C6 355.06' 90'00'00" N75 °00'00 "E 502.13' 557.73' C7 483.09' 30'00'00" S45'00'00 "W 250.07' 252.95' C8 100.00' 30'05'22" N66 °43'37 "E 51.91' 52.52' C9 100.00' 51'46'18" S55'53'09 "W 87.32' 90.36' C10 328.09' 30'00'00" N45 °00'00 "E 169.83' 171.79' C11 100.00' 30'00'00" S45'00'00 "W 51.76' 52.36' C12 200.03' 90'00'00" N75 °00'00 "E 282.89' 314.21' C13 100.00' 41'46'18" N39'06'51 "W 71.30' 72.91' C14 645.11' 5'02'10" N31'33'43 "W 56.68' 56.70' C15 645.11' 59'02'38" NO'28'41 "E 635.76' 664.79' C16 300.05' 89'18'43" N74'39'22 "E 421.78' 467.72' C17 300.05' 90'07'59" S7'08'28 "W 424.83' 472.02' C18 335.06' 5'02'10" N31'33'43 "W 29.44' 29.45' C19 335.06' 59'02'38" NO'28'41 "E 330.20' 345.28' C20 200.03' 8'52'54" S56'30'55 "W 30.98' 31.01' C21 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C22 200.03' 67'5532" N3'57'46 "W 223.50' 237.15 C23 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C24 100.00' 16'35'31" S21'42'14 "W 28.86' 28.96' C25 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C26 100.02' 20'08'43" S40'04'22 "W 34.99' 35.17' C27 510.09' 22'04'28" S41'02'14 "W 195.31' 196.52' C28 100.02' 7'42'27" S26'08'47 "W 13.44' 13.45' C29 200.03' 20'50'00" S50'16'17 "E 72.33' 72.73' C30 200.03' 27'51'10" N53'46'52 "W 96.29' 97.24' C31 901.70' 56'53'16" 589'09'29 "E 858.96' 895.28' C32 719.28' 27'40'44" S73'05'44 "E 344.11' 347.48' LINE TABLE LINE # BEARING LENGTH Lt N37'26'03 "W 123.81' L2 N34'04'47 "W 144.31' L3 N29 °20'37 "W 271.85' L4 N60'20'23 "E 236.02' L5 N30'24'43 "W 15.93' L6 N2'53'55 "W 25.49' L7 N49'10'12 "E 136.40' L8 S51'40'57 "W 92.11' L9 N37'55'32 "W 130.02' L10 S30'00'00 "W 109.17' Lll N60'00'00 "W 82.57' L12 N22'17'33 "E 60.96' L13 N64'30'55 "W 104.30' L14 S76'49'28 "W 166.27' L15 S45'32'23 "W 52.53' L16 S14'37'50 "W 163.81' L17 S4'23'45 "E 109.96' L19 N22'17'33 "E 130.02' L20 S67'42'27 "E 40.01' L21 S22'17'33 "W 130.02' L22 S67'42'27 "E 25.67' L23 S39'51'17 "E 204.01' L24 S30'00'00 "W 96.50' L25 N9'36'08 "W 145.35' L26 S67'42'27 "E 400.07' L27 N67'42'27 "W 842.91' L28 S30'00'00 "W 2303.73' ,Y 31 - -- -- 00 (GENERAL,,, BUSINESS J 1 _. ,. 'OPEN SPACE N C 1 3 i2 pp0 p0 4 BLK 1 } „. if 5 C13 too 6 3 10) \' 7 � 863600 37 0 \ s 38 39 t \ 8 40 44 9 UNIT 1 42 BLK3,' w 10' A, 4° < 11 560 46 47 4 � Q ti 12 \ 20 DRAINAGE EASEME 30 y,,�..• r' oo o l 13 i G ��'A 02�'A- n� \ y BLI �O 0���s��� 14 \ X10 5T' O c3 s < cP�j J�9,F` a sp O� 03 °p °E 6� 2 � O \ 56o 0cPO < ts� 1"5 19 O. \, ' o o. 10' SIDE SETBACK LINE TABLE LINE # BEARING LENGTH L29 S60 °00'00 "W 38.50' L30 S30'00'00 "W 184.11' L31 S81'46'18 "W 108.18' L32 S58'39'1 6 "W 122.18' L33 N54'56'26 "E 159.91' L34 N35'28'14 "W 131.24' L35 N54'31'46 "E 40.10' L36 N51 °40'59 "E 122.03' L37 N81'46'18 "E 95.91' L38 S30'00'00 "W 156.21' L39 S60'00'00 "W 53.23' L40 S18 °13'42 "E 51.07' L41 N52'12'27 "E 189.58' L42 N34'04'48 "W 83.16' L43 S29'18'43 "W 50.01' L44 N37'55'32 "W 122.12' L45 S1 3'24'29 "W 60.42' L46 N60'41'1 7 "W 202.36' L47 N39 °51'17 "W 135.60' L48 S22'1 7'33"W 49.45' L49 S50 °08'43 "W 57.25' L50 S30'00'00 "W 180.07' L51 S22'1 7'33"W 68.01' L52 N34'04'48 "W 83.16' L53 N60'57'22 "E 60.22' L54 N52'04'28 "E 190.17' NOTES: 1. ALL INTERNAL STREETS WITHIN THE M.D.P. LIMITS ARE LOCAL "A" WITH A 50' R.O.W., 30' PAVEMENT AND 10' PARKWAYS UNLESS OTHERWISE NOTED. 2. THIS PROPERTY IS NOT WITHIN THE EDWARDS AQUIFER RECHARGE ZONE. 3. UTILITY SERVICE PROVIDED BY THE FOLLOWING ENTITIES: WATER SERVICE CITY OF SCHERTZ SEWER SERVICE CITY OF SCHERZ /SARA TELEPHONE SERVICE AT &T CABLE TELEVISION SPECTRUM ELECTRIC GVEC GAS CENTERPOINT ENERGY 4. THE FRONT, SIDE, AND REAR SETBACKS WILL CONFORM TO THE MINIMUM SETBACKS REQUIRED BY THE PROPOSED ESTATE NEIGHBORHOOD PLANNED DEVELOPMENT DISTRICT (PDD) 5. A VARIABLE SIGHT CLEARANCE EASEMENT WILL BE REQUIRED AT CORNER LOTS IF INTERSECTION DOES NOT MEET SIGHT DISTANCE REQUIREMENTS AS DEFINED IN LATEST EDITION OF AASHTO MANUAL. 6. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO435, DATED SEPTEMBER 29, 2010, GRAYTOWN CONTAINS AREAS OF ZONE A FLOODPLAIN, WHICH IS DESIGNATED AS 100 -YEAR FLOODPLAIN. 8. IF FLOODPLAIN EXISTS ON THE PROPERTY, PROVIDE A NOTE STATING THAT ANY DEVELOPMENT SHALL BE IN ACCORDANCE WITH FLOODPLAIN ORDINANCE IN EFFECT AT THE TIME OF CONSTRUCTION APPLICATION. LAND USE DENISTY TABLE 0- ~ DRAINAGE/ n N DWELLING rr APPROXIMATE UNIT TOTAL LAND USE OPEN SPACE RESIDENTIAL SF80/SF100 NUMBER OF UNITS PER EXISTING PROPOSED UNIT ACREAGE (ACREAGE) ACREAGE DIMENSIONS LOTS TOTAL ACRE ZONING ZONING SCHEDULE 1 32.31 SINGLE FAMILY 14.12 18.19 80'X130' 51 1.58 GB /M -1 ENPDD 2020 RESIDENTIAL 100'X130' 0 2 29.69 SINGLE FAMILY 14.99 14.70 80'X130' 48 1.62 GB /M -1 ENPDD 2021 RESIDENTIAL 100'X130' 0 3 32.41 SINGLE FAMILY 15.89 16.52 80'X130' 0 1.27 GB /M -1 ENPDD 2020 RESIDENTIAL 100'X130' 41 4 22.01 SINGLE FAMILY 12.78 9.23 80'X130' 0 1.04 GB /M -1 ENPDD 2021 RESIDENTIAL 100'X130' 23 5 22.48 SINGLE FAMILY 3.79 18.69 80'X130' 0 2.00 GB /M -1 ENPDD 2022 RESIDENTIAL 100'X130' 45 6 31.75 SINGLE FAMILY 8.39 23.36 80'X130' 0 1.67 GB /M -1 ENPDD 2023 RESIDENTIAL 100'X130' 53 7 33.36 SINGLE FAMILY 14.41 18.95 80'X130' 0 1.17 GB /M -1 ENPDD 2024 RESIDENTIAL 100'X130' 39 TOTAL 204.01 84.37 119.64 - 300 1.47 - - - / CITY OF o SCHERTZ s [SITE �•�' Z O \10;x, to 5 W O z BEXAR COUNT LOCATION MAP NOT -TO -SCALE 9. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER OVERALL BOUNDARY AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND OR /ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED RIGHT OF WAY BY THE CITY. PHASING LIMITS CONTOURS .... ___ _._._. _._._. - __ 976 . _. EASEMENTS - - - - - - - - - - - - OPEN SPACE /DRAINAGE 18 ,, - �,�. yo c2 28 �E a 00% 1,5) IX f _. ..�._... �.. !'tv 'f r t t tV/ V1 t t 1 V ♦• 1 Vt -1 ~1 111 1\11 so .{ t oo' �{ 37 'L (�PO , ' TORRES DAVID & EVELYN S to HUFFMAN MARSHALL zs VELMA DEVELOPMENT LLC CT (RA), 11 79 ACRES WILL SINES DEVELOP IN ACCORDANCE WITH THE BASE \ 9 ' � � O� �1 G �k„ - O � Q DISTRICT DISTRICT OF GENERAL BUSINESS DISTRICT (GB), AND 6.67 ACRES WILL 17 OO OQ �� �," - - -=zo'B 1:7NG - - 2o'aUIOLIHO " " P V DEVELOP IN ACCORDANCE WITH THE BASE ZONING DISTRICT OF NEIGHBORHOOD 39 ' ��p :OOG��g`L�c�'1 ��F,`� BARNETT GLENN H & JANET K MILLER ALFRED & JO NELL so VELMA DEVELOPMENT LLC CT (NS). TH SETBACK SETBACK 10 \ '' ? O O' 1s SERVICES DISTRICT E PROPERTY BORDERS ON GRAYTOWN RD., BOEING .... RD., SCENIC LAKE RD., AND 1 -10E. UNLESS OTHERWISE SPECIFIED HEREIN, ALL V • ' 16 •�O��y QPOQ�O G� �� RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC n ROPER BURNIE L & LAWANDA L 3T' VELMA DEVELOPMENT LLC FUTURE DEVELOPMENT ON THE PROPERTY SHALL BE GOVERNED BY THE UDC AS 10' GREENBELT 11 '38 • y BILK 6 $7. O O OQ� 0`L1'P��OF -� 6'18 4 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 1s RUFFIN JOEZETT LATRICE AMENDED. ANTONIO ZAMORA SURVEY NO.36, ABSTRACT 828, COUNTY BLOCK 5083. � \ soo' � � 'S F P ETBACK I 10' SIDE SETBACK ` 7 30' 10' SIDE SETBACK 25'BUIDLING SETBACK - - X10 -- o� EGTCTV CURB - STREET PAVING - 100' X 130' SCALE: NOT -TO -SCALE - STREET PAVING - 80' X 130' SCALE: NOT -TO -SCALE N o 0 Q CD O 0 0 -� N M � O Z N O O D C,3 F U_) w HM(3 u- O X � cc ~ W LL Z O o z J cn 0 m o a 4 z � Q� QZ z o CIO�Q w z 0 o w o m z m z U- CZ) Lu C) m (n N F z>U) Z X _j o� 0- ~ n N rr U rr2 O M �p� • �,P Q Q SG r ,l 12 r �yy °3 15 p0��� C MAIN FRANCIS SCOTT 1s RICKS TIMOTHY & DORETHEA G ENGINEER & DESIGNER: DEVELOPER: RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC zo RAGAY DOMINADOR S & GRACE R PAPE - DAWSON ENGINEERS, INC. CADDIE DENTON X60 14 .'y1 �P �� ANTHONY MARGARET SARANDI & WILLIAM E ANTHONY z1 VINSON ALONZA & COURTLIN 2000 NW LOOP 410 BY: BITTERBLUE, INC SAN ANTONIO TEXAS 78213 ��01 ��G G� Q��� 11 LYNN BATTS LANE #100 r . . i , ' , �` 13 l TAYLOR TYRON DALE & STOUTON- TAYLOR ROSLYN R zz PARSONS LYNN M UTILITY &STORM WATER NOTES: OFFICE: (210) 375 -9000 SAN ANTONIO, TEXAS 78218 2 oy BREWSTER KEVIN I & EARNEY M z3 BOHANNON -BEY PAMELA & RUMEL FAX: 210 375 -9010 PLAT N0. �� ��\P OG\,1g0 1� �p I O Q ( ) (210) 828 - 6131 ' S6000 9 O�� �G 0 �O O �' 1. CITY OF SCHERTZ WATER MAINS WILL BE EXTENDED FROM GRAYTOWN TO SERVE THIS 10 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC za COSGROVE MATTHEW T JOB N0. 11686 -00 G 0��� �. SUBDIVISION. OWNER: ' DATE AUGUST 2020 �O OSE COQ 1p 5� �,� G g�'6o / 11 TINSON FERENIE & REGINALD zs MUZNY ALAN G & BARBARA K 2. SARA SANITARY SEWER IS LOCATED IN THE FEMA FLOODPLAIN WITHIN THE PROJECT LEANIN DIPPER INVESTMENTS LTD 0o G� 'IQ' LIMITS. DESIGNER RD 1z BEE WILLIAM & SHIRELENE z6 MELLO MARK T & MELLO JANET PO BOX 120217 ~' � SAN ANTONIO TEXAS 78212 CHECKED BL DRAWN RD 2. STORM WATER FROM THIS SUBDIVISION WILL DISCHARGE INTO THE ON SITE FEMA 13 WEIR DANIEL F & ALAINA M z7 MELLO MARK T & MELLO JANET FLOODPLAIN. 14 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC za KGG ENTERPRISES (210)- 419 -2467 1 of 1 PREPARED: AUGUST 19, 2020 SHEET HIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. AERIAL IMAGERY PROVIDED BY GOOGLE© UNLESS OTHERWISE NOTED. Imagery © 2016,CAPCOG,Digital Globe,Texas Orthoimagery Program, USDA Farm Service Agency. Grasgtown Valleg FarL. Overall Conceptual Flan r @fDO,Wal m.Alry AtPO,W w ofadle WaIRU?M &r sm Allawls nex n r" Is tmm mvj "v SanN wmn -.11i,v Ye9'I &IDmWmu.'if n r,M t*NM60 ntmm ar M,wam mnemrtnmmv mmi,oyv�„ ern um, amnakfvmtwq maven pm Mg,/esun #rep wwtmfwnwmKwrvda 4m0 rnr arvm,au mn;e «unnaw. Graytown Valley Municipal Park Overall Conceptual Plan Dixie Watkins III & Associates caret mt lm hn Templet m mnmescmmml xeroruaenrtmeyemmt umm�nanLc ensnapf10 %n M=io. Tmus 282 19 (210) 8249836 FA 824 -0128 infnadwe- nsarciuree.com 9 -6 -19 FW tItLE p`WRYR16tii m@ Msla wvu,f III& 9mo04W, wax pmpw4 r,M,Om+omm nnrmg m usmn wi&egw nmet, n nntlivoOP, imv" Noe,'1hv p N 6 Bnpw t,wk D,ft;MmNte my mm"'T ame by, ADmdw 9mrcY Nn Ummwemnxiu &A �Rnrew « EEt Sheet 2 of 2 Graytown Valley Municipal Park Phase One ".Improvements Dixie Watkins III & Associates i J Wtvfitmnve 2 n4 nnp Rsscue Manaimont l H (b Lm SUi4,1 0 SenMbdµ Tnas792" n101424p8i6 rkN U4AI12$ .i�CWgdmn ontapwin Sheet I of 2 0 0 c 0 W E LCi 0 N 0 N N Q a; a 0 9 ED i a x x i c So 2 a; CURVE TABLE CURVE # RADIUS DELTA CHORD BEARING CHORD LENGTH Cl 325.06' 90'07'59" S7'08'28 "W 460.23' 511.35' C2 14.00' 90'00'00" S7'04'28 "W 19.80' 21.99' C3 665.11' 22'04'28" S41'02'14 "W 254.67' 256.25' C4 45.01' 27'51'10" S53'46'52 "E 21.66' 21.88' C5 75.01' 105 °41'15" N46 °45'30 "W 119.57' 138.37' C6 355.06' 90'00'00" N75 °00'00 "E 502.13' 557.73' C7 483.09' 30'00'00" S45'00'00 "W 250.07' 252.95' C8 100.00' 30'05'22" N66 °43'37 "E 51.91' 52.52' C9 100.00' 51'46'18" S55'53'09 "W 87.32' 90.36' C10 328.09' 30'00'00" N45 °00'00 "E 169.83' 171.79' C11 100.00' 30'00'00" S45'00'00 "W 51.76' 52.36' C12 200.03' 90'00'00" N75 °00'00 "E 282.89' 314.21' C13 100.00' 41'46'18" N39'06'51 "W 71.30' 72.91' C14 645.11' 5'02'10" N31'33'43 "W 56.68' 56.70' C15 645.11' 59'02'38" NO'28'41 "E 635.76' 664.79' C16 300.05' 89'18'43" N74'39'22 "E 421.78' 467.72' C17 300.05' 90'07'59" S7'08'28 "W 424.83' 472.02' C18 335.06' 5'02'10" N31'33'43 "W 29.44' 29.45' C19 335.06' 59'02'38" NO'28'41 "E 330.20' 345.28' C20 200.03' 8'52'54" S56'30'55 "W 30.98' 31.01' C21 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C22 200.03' 67'5532" N3'57'46 "W 223.50' 237.15 C23 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C24 100.00' 16'35'31" S21'42'14 "W 28.86' 28.96' C25 200.03' 22'04'28" S41'02'14 "W 76.59' 77.07' C26 100.02' 20'08'43" S40'04'22 "W 34.99' 35.17' C27 510.09' 22'04'28" S41'02'14 "W 195.31' 196.52' C28 100.02' 7'42'27" S26'08'47 "W 13.44' 13.45' C29 200.03' 20'50'00" S50'16'17 "E 72.33' 72.73' C30 200.03' 27'51'10" N53'46'52 "W 96.29' 97.24' C31 901.70' 56'53'16" 589'09'29 "E 858.96' 895.28' C32 719.28' 27'40'44" S73'05'44 "E 344.11' 347.48' LINE TABLE LINE # BEARING LENGTH Lt N37'26'03 "W 123.81' L2 N34'04'47 "W 144.31' L3 N29 °20'37 "W 271.85' L4 N60'20'23 "E 236.02' L5 N30'24'43 "W 15.93' L6 N2'53'55 "W 25.49' L7 N49'10'12 "E 136.40' L8 S51'40'57 "W 92.11' L9 N37'55'32 "W 130.02' L10 S30'00'00 "W 109.17' Lll N60'00'00 "W 82.57' L12 N22'17'33 "E 60.96' L13 N64'30'55 "W 104.30' L14 S76'49'28 "W 166.27' L15 S45'32'23 "W 52.53' L16 S14'37'50 "W 163.81' L17 S4'23'45 "E 109.96' L19 N22'17'33 "E 130.02' L20 S67'42'27 "E 40.01' L21 S22'17'33 "W 130.02' L22 S67'42'27 "E 25.67' L23 S39'51'17 "E 204.01' L24 S30'00'00 "W 96.50' L25 N9'36'08 "W 145.35' L26 S67'42'27 "E 400.07' L27 N67'42'27 "W 842.91' L28 S30'00'00 "W 2303.73' ,Y 31 - -- -- 00 (GENERAL,,, BUSINESS J 1 _. ,. 'OPEN SPACE N C 1 3 i2 pp0 p0 4 BLK 1 } „. if 5 C13 too 6 3 10) \' 7 � 863600 37 0 \ s 38 39 t \ 8 40 44 9 UNIT 1 42 BLK3,' w 10' A, 4° < 11 560 46 47 4 � Q ti 12 \ 20 DRAINAGE EASEME 30 y,,�..• r' oo o l 13 i G ��'A 02�'A- n� \ y BLI �O 0���s��� 14 \ X10 5T' O c3 s < cP�j J�9,F` a sp O� 03 °p °E 6� 2 � O \ 56o 0cPO < ts� 1"5 19 O. \, ' o o. 10' SIDE SETBACK LINE TABLE LINE # BEARING LENGTH L29 S60 °00'00 "W 38.50' L30 S30'00'00 "W 184.11' L31 S81'46'18 "W 108.18' L32 S58'39'1 6 "W 122.18' L33 N54'56'26 "E 159.91' L34 N35'28'14 "W 131.24' L35 N54'31'46 "E 40.10' L36 N51 °40'59 "E 122.03' L37 N81'46'18 "E 95.91' L38 S30'00'00 "W 156.21' L39 S60'00'00 "W 53.23' L40 S18 °13'42 "E 51.07' L41 N52'12'27 "E 189.58' L42 N34'04'48 "W 83.16' L43 S29'18'43 "W 50.01' L44 N37'55'32 "W 122.12' L45 S1 3'24'29 "W 60.42' L46 N60'41'1 7 "W 202.36' L47 N39 °51'17 "W 135.60' L48 S22'1 7'33"W 49.45' L49 S50 °08'43 "W 57.25' L50 S30'00'00 "W 180.07' L51 S22'1 7'33"W 68.01' L52 N34'04'48 "W 83.16' L53 N60'57'22 "E 60.22' L54 N52'04'28 "E 190.17' NOTES: 1. ALL INTERNAL STREETS WITHIN THE M.D.P. LIMITS ARE LOCAL "A" WITH A 50' R.O.W., 30' PAVEMENT AND 10' PARKWAYS UNLESS OTHERWISE NOTED. 2. THIS PROPERTY IS NOT WITHIN THE EDWARDS AQUIFER RECHARGE ZONE. 3. UTILITY SERVICE PROVIDED BY THE FOLLOWING ENTITIES: WATER SERVICE CITY OF SCHERTZ SEWER SERVICE CITY OF SCHERZ /SARA TELEPHONE SERVICE AT &T CABLE TELEVISION SPECTRUM ELECTRIC GVEC GAS CENTERPOINT ENERGY 4. THE FRONT, SIDE, AND REAR SETBACKS WILL CONFORM TO THE MINIMUM SETBACKS REQUIRED BY THE PROPOSED ESTATE NEIGHBORHOOD PLANNED DEVELOPMENT DISTRICT (PDD) 5. A VARIABLE SIGHT CLEARANCE EASEMENT WILL BE REQUIRED AT CORNER LOTS IF INTERSECTION DOES NOT MEET SIGHT DISTANCE REQUIREMENTS AS DEFINED IN LATEST EDITION OF AASHTO MANUAL. 6. THE THOROUGHFARE ALIGNMENTS SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DO NOT SET THE ALIGNMENT. ALIGNMENT IS DETERMINED AT TIME OF FINAL PLAT. 7. ACCORDING TO FLOOD INSURANCE RATE MAP, PANEL 48029CO435, DATED SEPTEMBER 29, 2010, GRAYTOWN CONTAINS AREAS OF ZONE A FLOODPLAIN, WHICH IS DESIGNATED AS 100 -YEAR FLOODPLAIN. 8. IF FLOODPLAIN EXISTS ON THE PROPERTY, PROVIDE A NOTE STATING THAT ANY DEVELOPMENT SHALL BE IN ACCORDANCE WITH FLOODPLAIN ORDINANCE IN EFFECT AT THE TIME OF CONSTRUCTION APPLICATION. LAND USE DENISTY TABLE 0- ~ DRAINAGE/ n N DWELLING rr APPROXIMATE UNIT TOTAL LAND USE OPEN SPACE RESIDENTIAL SF80/SF100 NUMBER OF UNITS PER EXISTING PROPOSED UNIT ACREAGE (ACREAGE) ACREAGE DIMENSIONS LOTS TOTAL ACRE ZONING ZONING SCHEDULE 1 32.31 SINGLE FAMILY 14.12 18.19 80'X130' 51 1.58 GB /M -1 ENPDD 2020 RESIDENTIAL 100'X130' 0 2 29.69 SINGLE FAMILY 14.99 14.70 80'X130' 48 1.62 GB /M -1 ENPDD 2021 RESIDENTIAL 100'X130' 0 3 32.41 SINGLE FAMILY 15.89 16.52 80'X130' 0 1.27 GB /M -1 ENPDD 2020 RESIDENTIAL 100'X130' 41 4 22.01 SINGLE FAMILY 12.78 9.23 80'X130' 0 1.04 GB /M -1 ENPDD 2021 RESIDENTIAL 100'X130' 23 5 22.48 SINGLE FAMILY 3.79 18.69 80'X130' 0 2.00 GB /M -1 ENPDD 2022 RESIDENTIAL 100'X130' 45 6 31.75 SINGLE FAMILY 8.39 23.36 80'X130' 0 1.67 GB /M -1 ENPDD 2023 RESIDENTIAL 100'X130' 53 7 33.36 SINGLE FAMILY 14.41 18.95 80'X130' 0 1.17 GB /M -1 ENPDD 2024 RESIDENTIAL 100'X130' 39 TOTAL 204.01 84.37 119.64 - 300 1.47 - - - / CITY OF o SCHERTZ s [SITE �•�' Z O \10;x, to 5 W O z BEXAR COUNT LOCATION MAP NOT -TO -SCALE 9. ALL OPEN SPACE, COMMON AREAS, GREENBELTS, DRAINAGE EASEMENTS OR OTHER OVERALL BOUNDARY AREAS IDENTIFIED AS PRIVATE SHALL BE THE RESPONSIBILITY OF OWNER OR OWNERS SUCCESSORS AND OR /ASSIGNS PROVIDED SUCH SUCCESSOR OR ASSIGN IS APPROVED RIGHT OF WAY BY THE CITY. PHASING LIMITS CONTOURS .... ___ _._._. _._._. - __ 976 . _. EASEMENTS - - - - - - - - - - - - OPEN SPACE /DRAINAGE 18 ,, - �,�. yo c2 28 �E a 00% 1,5) IX f _. ..�._... �.. !'tv 'f r t t tV/ V1 t t 1 V ♦• 1 Vt -1 ~1 111 1\11 so .{ t oo' �{ 37 'L (�PO , ' TORRES DAVID & EVELYN S to HUFFMAN MARSHALL zs VELMA DEVELOPMENT LLC CT (RA), 11 79 ACRES WILL SINES DEVELOP IN ACCORDANCE WITH THE BASE \ 9 ' � � O� �1 G �k„ - O � Q DISTRICT DISTRICT OF GENERAL BUSINESS DISTRICT (GB), AND 6.67 ACRES WILL 17 OO OQ �� �," - - -=zo'B 1:7NG - - 2o'aUIOLIHO " " P V DEVELOP IN ACCORDANCE WITH THE BASE ZONING DISTRICT OF NEIGHBORHOOD 39 ' ��p :OOG��g`L�c�'1 ��F,`� BARNETT GLENN H & JANET K MILLER ALFRED & JO NELL so VELMA DEVELOPMENT LLC CT (NS). TH SETBACK SETBACK 10 \ '' ? O O' 1s SERVICES DISTRICT E PROPERTY BORDERS ON GRAYTOWN RD., BOEING .... RD., SCENIC LAKE RD., AND 1 -10E. UNLESS OTHERWISE SPECIFIED HEREIN, ALL V • ' 16 •�O��y QPOQ�O G� �� RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC n ROPER BURNIE L & LAWANDA L 3T' VELMA DEVELOPMENT LLC FUTURE DEVELOPMENT ON THE PROPERTY SHALL BE GOVERNED BY THE UDC AS 10' GREENBELT 11 '38 • y BILK 6 $7. O O OQ� 0`L1'P��OF -� 6'18 4 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC 1s RUFFIN JOEZETT LATRICE AMENDED. ANTONIO ZAMORA SURVEY NO.36, ABSTRACT 828, COUNTY BLOCK 5083. � \ soo' � � 'S F P ETBACK I 10' SIDE SETBACK ` 7 30' 10' SIDE SETBACK 25'BUIDLING SETBACK - - X10 -- o� EGTCTV CURB - STREET PAVING - 100' X 130' SCALE: NOT -TO -SCALE - STREET PAVING - 80' X 130' SCALE: NOT -TO -SCALE N o 0 Q CD O 0 0 -� N M � O Z N O O D C,3 F U_) w HM(3 u- O X � cc ~ W LL Z O o z J cn 0 m o a 4 z � Q� QZ z o CIO�Q w z 0 o w o m z m z U- CZ) Lu C) m (n N F z>U) Z X _j o� 0- ~ n N rr U rr2 O M �p� • �,P Q Q SG r ,l 12 r �yy °3 15 p0��� C MAIN FRANCIS SCOTT 1s RICKS TIMOTHY & DORETHEA G ENGINEER & DESIGNER: DEVELOPER: RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC zo RAGAY DOMINADOR S & GRACE R PAPE - DAWSON ENGINEERS, INC. CADDIE DENTON X60 14 .'y1 �P �� ANTHONY MARGARET SARANDI & WILLIAM E ANTHONY z1 VINSON ALONZA & COURTLIN 2000 NW LOOP 410 BY: BITTERBLUE, INC SAN ANTONIO TEXAS 78213 ��01 ��G G� Q��� 11 LYNN BATTS LANE #100 r . . i , ' , �` 13 l TAYLOR TYRON DALE & STOUTON- TAYLOR ROSLYN R zz PARSONS LYNN M UTILITY &STORM WATER NOTES: OFFICE: (210) 375 -9000 SAN ANTONIO, TEXAS 78218 2 oy BREWSTER KEVIN I & EARNEY M z3 BOHANNON -BEY PAMELA & RUMEL FAX: 210 375 -9010 PLAT N0. �� ��\P OG\,1g0 1� �p I O Q ( ) (210) 828 - 6131 ' S6000 9 O�� �G 0 �O O �' 1. CITY OF SCHERTZ WATER MAINS WILL BE EXTENDED FROM GRAYTOWN TO SERVE THIS 10 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC za COSGROVE MATTHEW T JOB N0. 11686 -00 G 0��� �. SUBDIVISION. OWNER: ' DATE AUGUST 2020 �O OSE COQ 1p 5� �,� G g�'6o / 11 TINSON FERENIE & REGINALD zs MUZNY ALAN G & BARBARA K 2. SARA SANITARY SEWER IS LOCATED IN THE FEMA FLOODPLAIN WITHIN THE PROJECT LEANIN DIPPER INVESTMENTS LTD 0o G� 'IQ' LIMITS. DESIGNER RD 1z BEE WILLIAM & SHIRELENE z6 MELLO MARK T & MELLO JANET PO BOX 120217 ~' � SAN ANTONIO TEXAS 78212 CHECKED BL DRAWN RD 2. STORM WATER FROM THIS SUBDIVISION WILL DISCHARGE INTO THE ON SITE FEMA 13 WEIR DANIEL F & ALAINA M z7 MELLO MARK T & MELLO JANET FLOODPLAIN. 14 RESERVE AT SCHERTZ HOMEOWNERS ASSOCIATION INC za KGG ENTERPRISES (210)- 419 -2467 1 of 1 PREPARED: AUGUST 19, 2020 SHEET HIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND /OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. AERIAL IMAGERY PROVIDED BY GOOGLE© UNLESS OTHERWISE NOTED. Imagery © 2016,CAPCOG,Digital Globe,Texas Orthoimagery Program, USDA Farm Service Agency. Grasgtown Valleg FarL. Overall Conceptual Flan r @fDO,Wal m.Alry AtPO,W w ofadle WaIRU?M &r sm Allawls nex n r" Is tmm mvj "v SanN wmn -.11i,v Ye9'I &IDmWmu.'if n r,M t*NM60 ntmm ar M,wam mnemrtnmmv mmi,oyv�„ ern um, amnakfvmtwq maven pm Mg,/esun #rep wwtmfwnwmKwrvda 4m0 rnr arvm,au mn;e «unnaw. Graytown Valley Municipal Park Overall Conceptual Plan Dixie Watkins III & Associates caret mt lm hn Templet m mnmescmmml xeroruaenrtmeyemmt umm�nanLc ensnapf10 %n M=io. Tmus 282 19 (210) 8249836 FA 824 -0128 infnadwe- nsarciuree.com 9 -6 -19 FW tItLE p`WRYR16tii m@ Msla wvu,f III& 9mo04W, wax pmpw4 r,M,Om+omm nnrmg m usmn wi&egw nmet, n nntlivoOP, imv" Noe,'1hv p N 6 Bnpw t,wk D,ft;MmNte my mm"'T ame by, ADmdw 9mrcY Nn Ummwemnxiu &A �Rnrew « EEt Sheet 2 of 2 Graytown Valley Municipal Park Phase One ".Improvements Dixie Watkins III & Associates i J Wtvfitmnve 2 n4 nnp Rsscue Manaimont l H (b Lm SUi4,1 0 SenMbdµ Tnas792" n101424p8i6 rkN U4AI12$ .i�CWgdmn ontapwin Sheet I of 2 BOENIG DR (619030) 6647 N GRAYTOWN RD (669191) 6651 N GRAYTO 10650 BOENIG DR (619198) 1309633 5755 CICADA CIR 1309634 5750 CICADA CIR (1267450) 1309635 5746 CICADA CIR 4703 SCENIC (1267451) v,- 1309636 5742 CICADA CIR LAKE DR (1267452) 5 1309637 5738 CICADA CIR (619017) 4 'r 13096385734 CICADA CIR (1267435) 1309639 5730 CICADA CIR (1267434) ..qtr. 1309640 5726,CICADA CIR (1267433) �✓"''' 13096415722 CICADA CIR (1267432) 1309642 5718 CICADA CIR (1193854)„ 1309643 5714 CICADA CIR 6700 (1193853) 1309644 5710 CICADA CIR N GRAYTOWN RD (1193852) 1309645 5706 CICADA CIR (619201) 799385) 1309646 5702 CICADA Cl 1309647 BOENIG DR 1309648 CICADA CIR (1205801) 1309649 CICADA"CIR (1205800) 1309657 5622 CICADA CIR (1205799) 1309658 5618 CICADA CIR (1214097) 1309659 5614 CICADA CIR (121409) 1193850 5750 N GRAYTOWN R5614 CICADA CIR (1214095) 1193851 6803 IVY MOUNTAIN 1309661 5606 ®CICADA CIR (1214094) 1193852 6807 IVY MOUNTAIN 1309662 5602 CICADA CIR 11549 (1214093) 1193853 6811 IVY MOUNTAIN 1309663 10546 MIDSUMMER MDW IH 10 E (1214092) 1193854 10201 IVY HORN f30966410542 MIDSUMMER MDW (619208) 5650 N 1205799 6627 IVY MOUNTAIN 1309668 CICADA CIR N GRAYTOWN RD 1205800 6743 IVY MOUNTAIN (1249153) 1205801 6747 IVY MOUNTAIN 1205802 5660 N GRAYTOWN RD 10661 1214092 10204 LEND WAY - IH 10 E C ,,,5190 1214093 6607 IVY MOUNTAIN (619206) N GRAYTOWN RD 1214094 6611 IVY MOUNTAIN .- (619237) 1214095 6615 IVY MOUNTAIN 5190 1214096 6619 IVY MOUNTAIN N GRAYTOWN RD 1214097 6623 IVY MOUNTAIN (619229) 1267432 10202 GAGE CONNELL 5021 11403 1267433 6995 JALEN CT IH 10 E 1267434 6999 JALEN CT (619230) 1267435 5860 N GRAYTOWN RD 1267450 7011 JALEN CT ^^w.� 1267451 7003 JALEN CT 1267452 5920 N GRAYTOWN RD COMMUNITY- SERWCE- OPPORTUNITY .l 06% " N V � F S zsm1 sml@�M� DEVELOPMENT • • COMMENTSVIF-24 vix #kf nuvc4i'lo STREET ADDRESS: DATE: il 1/1 - &-�Lji�ee AvAd,�(e ew 1400 Schertz Parkway za chertz, Texas 76154 %,' r 21 M61 9.1000 ", , 1400 Schertz Parkway "At Schertz, Texas 78154 210.619.1000 S, hoft'c'my" ` UtW_V'U'W"1trff AKRA�1� DEVELOPMEW arlimum F�110113111 1 11111111111111 consider and make recommendation on the following item: ZC2020-006 — A request to rezone approximately 204 acres of land from General Business District (GB) and Manufacturing Light District (M-1) to Planned Development District (PDD), located southwest of Graytown Road, stretching between Interstate Highway 10 and Boenig Drive, City of Schertz, Bexar County, Texas, also known as Bexar County Property Identification Numbers 619201 and 619202. Sincerely, Nick Koplyay Platter 9MMM ljffjn�. -E!Illlllllllllllllllllillillilli��lI I ii It'll L! 111111f Agenda No. 10. ei Olum City Council November 10, 2020 Meeting: Department: Planning & Community Development Subject: Ordinance No. 20 -s -37 - Conduct a public hearing, consider and/or act upon request to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single - Family Residential land use designation, generally located approximately 4,000 feet east of the intersection between FM 1518 and Lower Seguin Road, also known as Bexar County Property Identification Numbers 310024 and 310031, City of Schertz, Bexar County, Texas. First Reading (B. James/L. Wood/ N. Koplyay) Proposed Amendment: The applicant is requesting to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single - Family Residential land use designation. The Future Land Use Map for the subject area was evaluated as part of the Sector Plan amendment to the Comprehensive Land Use Plan, adopted by City Council on July 16, 2013. The subject properties are currently designated under the Mixed Use Neighborhood and Agricultural Conservation future land use categories. The Estate Neighborhood future land use designation is intended to address residential development patterns in Southern Schertz by requiring a minimum lot size of 0.5 acres. This leaves two potential options for zoning for development in the Estate Neighborhood designated areas: R -A zoning with mandated minimum 0.5 acres per lot, or the ENPD:D zoning alternate development option that mandates an equivalent overall density to the R -A zoning district, while also allowing for residential clustering to preserve larger open spaces and reduce infrastructure costs. The goal ENPDD zoning alternative development option is to allow more flexibility in lot size, while requiring quality open space and neighborhood design under the same overall destiny of the R -A zoning district. The Agricultural Conservation land use designation is intended to preserve much of South Schertz in a rural /agricultural state. This area is less attractive for more intense uses due to its distance from the Interstate and limited street connectivity. Some character - defining elements recommended are mainly large -lot (5 acre minimum lot size) residential and agricultural uses with some agricultural related commercial uses being permitted (landscaping business, metal workshop, farmers market, convenience store, etc., with appropriate design and transition standards). The applicant is proposing to change the future land use designation of the subject properties to Single- Family Residential. This proposed future land use designation is intended to be comprised of primarily conventional detached dwellings. In areas proposed to utilize a traditional neighborhood design the single- family residential use may include a mix of lot sizes and single - family residential uses, as well as limited commercial development to support the daily activities of the development. In all single- family residential use areas, public and semi - public development such as schools and churches are encouraged as neighborhood focal points. Public Hearing Notices: The public hearing notice mailers were sent out to surrounding property owners prior to the Planning and Zoning Commission public hearing, and a public hearing notice was published in the "San Antonio Express" prior to this City Council public hearing. At the time of this staff report, staff has received (3) responses in favor of the proposed amendment and (1) response opposed to the proposed amendment. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission met on October 14, 2020 and made a recommendation of denial to the City Council by a 7 -0 vote. The Commissioners spoke at length regarding the increased traffic in Southern Schertz with the addition of the single - family residential land use designations, the impact of the proposal to the Master Thoroughfare Plan, and whether they should recommend approval of changes to individual parcels on the Comprehensive Land Use Plan given the impending full Comprehensive Land Use Plan update. GOAL The project goal is to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural. Conservation Land use designations to the Single - Family Residential land use designation. 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. [. 16 111 11 11 1 1 "1 The proposed development plan that led to the filing of this Comprehensive Land Use Plan involves the potential construction of approximately 125 single - family residential homes, sized at roughly 60'x120', which would be commensurate to other subdivisions established in the City's Single- Family Residential (R -7) zoning district. The proposed subdivision does not fit within the Agricultural Conservation and Estate Neighborhood future land use designations given the required open space and density minimums required in the land use categories, therefore the applicant moved forward with this proposed Comprehensive Plan amendment to reclassify the properties under the Single- Family Residential future land use designation. The 2013 Sector Plan Amendment of the Comprehensive Land Use Plan sought to establish future development objectives that balance the traditionally rural and agricultural identity that has shaped the character of Southern Schertz with the opportunity for growth as the City continues to develop south of FM 78. The Schertz City Council has recently approved property owner requested Future Land Use Plan amendments to allow for development under the single - family residential land use designation, as opposed to the various, originally planned single - family residential and agricultural land use designations that regulated development based on additional mixed -use form, density, and /or minimum open space preservation. Staff agrees with City Council that property owners in Southern Schertz should have significant influence in the development of the future development goals for Southern Schertz; therefore Staff defers to City Council regarding their approbation of modifications to the Comprehensive Land Use Plan in order to allow property owners to developer their properties in accordance with current market conditions, which in this case promotes the addition of traditional single - family residential developments. Staff recommends approval of the proposed Comprehensive Land Use Plan amendment. The final approval of the FY 2020 -21 City of Schertz Budget last month at the September 8, 2020 City Council Meeting should also be considered when making a recommendation to City Council regarding this Comprehensive Land Use Plan amendment. The FY2020 -21 Budget, in effect as of October 1, 2020, allocates funding for a full Comprehensive Land Use Plan amendment, which will involve contributions from all the City of Schertz stakeholders, including the residents of Southern Schertz. The revamp of the Comprehensive Land Use Plan will allow us to tailor the future plans for Schertz to the evolving needs of our residents. The full amendment would enable City Staff to make modifications to the Future Land Use Map that are the most appropriate for each area within Schertz. For instance, the lack of residential options for families in Southern Schertz has engendered several development proposals, such as the plan prompting this Comprehensive Land Use Plan amendment, which focus on the construction of a variety of housing options through a mix of lot sizes and product types. The upcoming Comprehensive Plan rework would allow Staff to reconcile these gaps between our future plan, the residents' desires, and current market conditions, and would be the most appropriate time to modify the plan on an area by area basis. FISCAL IMPACT None 1 9 9[Ki7►l I►110101 MEN I [1] 011 Planning and Zoning Commission Recommendation: The Planning and Zoning Commission met on October 14, 2020 and made a recommendation of denial to the City Council by a 7 -0 vote. The Commissioners spoke at length regarding the increased traffic in Southern Schertz with the addition of the single - family residential land use designations, the impact of the proposal to the Master Thoroughfare Plan, and whether they should recommend approval of changes to individual parcels on the Comprehensive Land Use Plan given the impending full Comprehensive Land Use Plan update. Staff recommends approval of the proposed Comprehensive Land Use Plan amendment to change approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single- Family Residential land use designation. Attachments Ordinance 20 -5 -37 Ordinance 20 -5 -37 Exhibit A Ordinance 20 -5 -37 Exhibit B Aerial Map Comprehensive Plan Amendment Request Letter Comprehensive Plan ( Schertz Sector Plan) - South Schertz Future Land Use Map Public Hearing Notice Map Public Hearing Notice Responses ORDINANCE NO. 20-S-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE COMPREHENSIVE LAND USE PLAN BY CHANGING APPROXIMATELY 40 ACRES OF THE FUTURE LAND USE MAP FROM THE ESTATE NEIGHBORHOOD AND AGRICULTURAL CONSERVATION LAND USE DESIGNATIONS TO THE SINGLE - FAMILY RESIDENTIAL LAND USE DESIGNATION, GENERALLY LOCATED APPROXIMATELY 4,000 FEET EAST OF THE INTERSECTION BETWEEN FM 1518 AND LOWER SEGUIN ROAD, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBERS 310024 AND 310031, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS WHEREAS, an application to amend the Comprehensive Land Use Plan by changing approximately 40 acres of the Future Land Use Map from the Estate Neighborhood and Agricultural Conservation land use designations to the Single - Family Residential land use designation, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.4.6.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 an amendment to the Comprehensive Land Use Plan (the "Criteria "); and WHEREAS, a total of 14 public hearing notices were mailed out to property owners in the subject areas and to surrounding property owners within two hundred (200) feet of the subject areas on October 2, 2020 and a public hearing notice was published in the San Antonio Express News on October 21, 2020; and WHEREAS, on October 1.4, 2020, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council to deny the requested Comprehensive Land Use Plan amendment; and WHEREAS, on November 10, 2020, the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested Comprehensive Land Use Plan amendment be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current Comprehensive Land Use Plan is hereby amended to change the Future Land Use Map of the Property, as shown and more particularly described in the attached Exhibit A, from the Mixed Use Neighborhood and Agricultural Conservation land use designations to the Single- Family Residential land use designation. 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 10th day of November, 2020. PASSED, APPROVED AND ADOPTED on final reading the 1st day of December, 2020. Ralph Gutierrez, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) OUTH NTRA -- -- _ �� i f •"' METES AND BOUNDS DESCRIPTION FORA 20.003 ACRE TRACT OF LAND October 4, 2016 Being a 20.003 acre tract of land (called 19.999 acres) situated in Bexar County, Texas surveyed for W.H. Rittiman and being part of the Julian Diaz Survey No. 66, Abstract No. 187, Bexar County Block 5059 and also being part of an eighty acre Paul Gleitz Tract and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2" iron rod found along the southeast Right of Way line of Lower Seguin Rd. and the northeast corner of a tract deeded to Sue N. Fluitt and recorded in vol. 8472, pg. 1941, Real Property Records, Bexar County, Texas for the northwest corner and POINT OF BEGINNING of this tract; THENCE: North 59 144'00" East, along Lower Seguin Rd. a distance of 693.08 feet to a set 1/2" iron rod at the northwest corner of a tract deeded to Carlos Jr. & Margaret L. Garza, recorded in vol. 6541, pg. 807, Real Property Records, Bexar County, Texas for the northeast corner of this tract; THENCE: South 30 °08100 East, generally along a barbed wire fence a distance of 1257.83 feet to a found 1/2" iron rod for the southeast corner of this tract; THENCE: South 59 156125" West, generally along a barbed wire fence a distance of 693.75 feet, to a found 1/2" iron rod for the southwest corner of this tract; THENCE: North 30 °06'11" West, generally along a barbed -wire fence a distance of 1255.33 feet to the POINT OF BEGINNING and containing 20.003 acres of land, more or less, according to a survey made on the ground; SouthCentral Surveyors of Texas SouthCentral Surveyors of Texas • 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 A 0 F T� � Peter A. Aguirre, �. * 0 G TE,� R.P.L.S. ......................... Registration No. 5464 Q PETER ACUIRRE ... ... . .. ... . . . . ... . . ... . Job # 16- 0159 -001 •.�,�g54�4 P.•' • P'E oN 010 A drawing of even job number and. date was also prepared. �'�p s uRN4�y SouthCentral Surveyors of Texas • 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 of TEXA�' METES AND BOUNDS DESCRIPTION FORA 19.585 ACRE TRACT OF LAND October 14, 2016 Being a 19.585 acre tract of land out of a 21.58 acre tract out of the Julian Diaz Survey No. 66, Abstract 187, County Block 5059 recorded in vol. 8472, pg. 1941, Real Property Records of Bexar County, Texas and being more particularly described by metes and bounds as follows: BEGINNING: at a found 1/2" iron rod found along the southeast Right of Way line of Lower Seguin Rd. and the northwest corner of a tract deeded to Joy Lee Rittiman and recorded in vol. 15243, pg. 1106, Real Property Records, Bexar County, Texas for the northeast corner and POINT OF BEGINNING of this tract; THENCE: South 30 °06111" East, generally along a barbed wire fence a distance of 1255.33 feet to a Found 1/2" iron rod at the southwest corner of said Rittiman tract for the southeast corner of this tract; THENCE: South 59 °59145" West, generally along a barbed wire fence a distance of 1097.83 feet to a found 1/2" iron rod at the northwest corner of a tract deeded to Seanna Fraser Holtz, BCAD # 310032 and the east line of a tract deeded to Gary A. Fairley recorded in vol. 10520, pg. 1386, Real Property Recaords of Bexar County. Texas for the southwest corner of this tract; THENCE: North 30 °00'00" West, generally along a barbed wire fence a distance of 655.53 feet to a iron fence post along the east line of said Fairley tract and the southwest corner of a tract deeded to Doris Asher recorded in Vol. 16710, pg. 747, Real Property Records of Bexar County, Texas for the westernmost corner of this tract; THENCE: North 59 °54'43" East, generally along a barbed wire fence a distance of 840.51 feet to a set 1/2" iron rod at the southeast corner of a tract deeded to Salvador P. Alvarez recorded in Vol. 12023, pg. 647, Real Property Records of Bexar County, Texas for a corner of this tract; THENCE: North 23 °37'55" West, generally along a smooth wire fence a distance of 602.56 feet to a set 1/2" iron rod at the northeast corner of said Alvarez tract for the northwest corner of this tract; THENCE: North 60 °04'46" West, generally along a barbed wire fence a distance of 188.23 feet to the POINT OF BEGINNING and containing 19.585 acres of land, more or less, according to a survey made on the ground; SouthCentral Surveyors of Texas SouthCentral Surveyors of Texas 9 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 OF T A. Aguirre, R.P.L.S. •��GX5 TFA4Z eter Registration No. 5464 Q PETER AG U I RRE Job # 16- 0173 -001 .+��5464 P�••: A drawing of even job number and date was also prepared. s UN4�y SouthCentral Surveyors of Texas 9 1514 S. Presa • San Antonio, Texas, 78210 • PH: 210.534.6700 • Fax: 210.534.9673 arc NE )y ial Y