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05-21-2024 Agenda Paclket MEETING AGENDA City Council REGULAR SESSION CITY COUNCIL May 21, 2024 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 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 treated Work cooperatively as a team AGENDA TUESDAY, MAY 21, 2024 at 6:00 p.m. Call to Order Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Tim Brown) Proclamations · World MS Day - May 30, 2024 (Councilmember Heyward) · National Public Works Week - May 19–25, 2024 (Councilmember Brown) · National EMS Week - May 19–25, 2024 (Councilmember Westbrook) Presentations 1.Presentation of Kick Cancer Pep Rally & 5K Run Donation to Mays Cancer Center at UT Health San Antonio MD Anderson Cancer Center (S.Gonzalez/L.Shrum) 2.Presentation celebrating the creation of the Dry Comal Creek Nature Park (S.Gonzalez/L.Shrum) City Events and Announcements Announcements of upcoming City Events (B.James/S.Gonzalez) Announcements and recognitions by the City Manager (S.Williams) Announcements and recognitions by the Mayor (R.Gutierrez ) May 21, 2024 City Council Agenda Page 1 Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 3.Minutes - Consideration and/or action regarding the approval of the regular meeting minutes of May 7, 2024. (S.Edmondson/S.Courney) 4.Resolution 24-R-49 - Authorizing a Schertz Main Street Local Flavor Economic Development Grants for 415 and 820 Main Street. (S.Williams/B.James) 5.Resolution 24-R-53 - Authorizing a Resolution amending the Agreement with Cobb, Fendley & Associates, Inc., for Engineering Services for the Woman Hollering Creek Wastewater Project. (B.James/K.Woodlee) 6.Resolution 24-R-54 - Authorizing a trail easement agreement with Riata Land Association of Homeowners Inc for a segment of the Great Northern Trail. (S.Gonzalez/L.Shrum) 7.Resolution 24-R-55 - Authorizing the acceptance of a property donation, generally 0.43 acres located on the northwest side of FM 1518 at the intersection of FM 1518 and Commercial Place (S.Gonzalez/L.Shrum) 8.Resolution 24-R-57 - Approving an amendment to the interlocal agreement (ILA) between the Lower Colorado River Authority (LCRA) and the City of Schertz (S.Williams/J.Lowery). Discussion and Action Items 9.Ordinance 24-S-18 - Approve a request to rezone approximately 1.8 acres of land from May 21, 2024 City Council Agenda Page 2 9.Ordinance 24-S-18 - Approve a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) 10.Ordinance 24-S-19- Approving a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) 11.Ordinance 24-H-07- Approving amendments to the Schertz Code of Ordinances, Chapter 34 - Health, Article IV Smoking in public places and Article VI - Illegal Smoking Materials. Final Reading (B.James/L.Wood/A.Cantu). 12.Resolution 24-R-56 - Approval and Presentation of the 2024 Recipients of the Hal Baldwin Scholarship (S.Williams/S.Gonzalez) Presentation to follow approval Workshop 13.Schertz Area Senior Center Operational Review (S.Gonzalez/L.Shrum) Information available in City Council Packets - NO DISCUSSION TO OCCUR Requests and Announcements 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 City and Community Events attended and to be attended (Council) Adjournment CERTIFICATION I, SHEREE COURNEY, DEPUTY CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 16TH DAY OF MAY 2024 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. SHEREE COURNEY 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 ___________________, 2024. May 21, 2024 City Council Agenda Page 3 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 Member Audit Committee Investment Advisory Committee Main Street Committee Liaison Board of Adjustments Senior Center Advisory Board-Alternate Councilmember Davis– Place 1 Member Interview Committee Main Street Committee - Chair TIRZ II Board Liaison Parks & Recreation Advisory Board Schertz Housing Authority Board Transportation Safety Advisory Board Councilmember Watson-Place 2 Member Audit Committee Interview Committee-Alternate Liaison Library Advisory Board Senior Center Advisory Board Cibolo Valley Local Government Corporation-Ex-Officio Councilmember Macaluso – Place 3 Member Interview Committee Hal Baldwin Scholarship Committee Liaison TIRZ II Board Animal Services Advisory Committee Councilmember Gibson – Place 4 Member Investment Advisory Committee Interview Committee Hal Baldwin Scholarship Committee Liaison Schertz Historical Preservation Society Councilmember Westbrook – Place 5 Liaison Schertz-Seguin Local Government Corporation (SSLGC) Planning and Zoning Commission Schertz Historical Preservation Society Cibolo Valley Local Government Corporation (CVLGC)-Alternate Councilmember Heyward – Place 6 Member Animal Services Advisory Committee Audit Committee Interview Committee-Chair Investment Advisory Committee Main Street Committee Liaison Building and Standards Commission Economic Development Corporation - Alternate Senior Center Advisory Board Councilmember Brown – Place 7 Member Main Street Committee Schertz-Seguin Local Government Corporation (SSLGC) Liaison Economic Development Corporation May 21, 2024 City Council Agenda Page 4 Agenda No. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:City Secretary Subject:· World MS Day - May 30, 2024 (Councilmember Heyward) · National Public Works Week - May 19–25, 2024 (Councilmember Brown) · National EMS Week - May 19–25, 2024 (Councilmember Westbrook) Attachments MS Proclamation EMS Proclamation Public Works Proclamation WORLD MS DAY MAY 30, 2024 WHEREAS, the National Multiple Sclerosis Society-San Antonio Chapter will observe World MS Day on May 30, 2024, to share, educate, and build awareness of multiple sclerosis; and WHEREAS, everyday, millions of Americans face the incredible challenge of having to live with multiple sclerosis - the chronic disease that affects the central nervous system; and WHEREAS, MS is a destroyer of connections; it disrupts signals, and separates minds from bodies; and pulls us away from each other; and WHEREAS, the City of Schertz recognizes the importance of supporting individuals living with MS, their families, and caregivers, and acknowledges the need for increased understanding, research, and resources to improve the quality of life for those impacted by this condition; and WHEREAS, the national Multiple Sclerosis Society is dedicated to raising funds for the research of Multiple Sclerosis and to provide local programs for people afflicted with this disease; and NOW THEREFORE BE IT RESOLVED, I, Ralph Gutierrez, Mayor of the City of Schertz, do hereby proclaim May 30th, 2024 as World MS Day in the City of Schertz, and urge all citizens to join in raising awareness, offering support, and promoting understanding of Multiple Sclerosis within our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Schertz, Texas, to be affixed this 21st day of May 2024. _______________________________ Ralph Gutierrez, Mayor NATIONAL EMS WEEK MAY 19 – 25, 2024 “Honoring Our Past. Forging Our Future.” WHEREAS, the 2024 EMS Week theme: “Honoring Our Past. Forging Our Future.”; and WHEREAS, this theme is particularly meaningful now, to remind people that every day we are faced with so many new challenges in our lives and yet we still rise above them all and continue to respond, support, and care for the needs of our communities. WHEREAS, emergency medical services are a vital public service; and the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week ; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and; WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, first responders, educators, administrators, and others; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical service providers by designating Emergency Medical Services Week. NOW, THEREFORE be it resolved that I, Ralph Gutierrez, Mayor of the City of Schertz, hereby commend and congratulate SAFES & Schertz Emergency Medical Services for their valuable contribution, outstanding dedication and pre-hospital medical care to the City of Schertz and surrounding communities in the area; hereby join the United States of America and the State of Texas designating May 19 - 25, 2024, as: “Emergency Medical Services Week”, with the theme “Honoring Our Past. Forging Our Future.” IN WITNESS WHEREOF, I hereunto set my hand and caused the seal of the City of Schertz to be affixed this 21st day of May, 2024 ____________________________________ Ralph Gutierrez, Mayor National Public Works Week Proclamation May 19 - 25, 2024 “Advancing Quality of Live for All” WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well - being of the people of Schertz, Texas; and, WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders, and children in Schertz, Texas, to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association, who have chosen as the theme “Connecting the World Through Public Works”. NOW, THERFORE, BE IT RESOLVED, I, Ralph Gutierrez, Mayor of the City of Schertz, Texas, do hereby designate the week May 19-25, 2024 as National Public Works Week and I urge all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Schertz, Texas, to be affixed this 21st day of May 2024. _______________________________ Ralph Gutierrez, Mayor Agenda No. 1. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Parks, Recreation & Community Servic Subject:Presentation of Kick Cancer Pep Rally & 5K Run Donation to Mays Cancer Center at UT Health San Antonio MD Anderson Cancer Center (S.Gonzalez/L.Shrum) BACKGROUND The City of Schertz hosted the Kick Cancer Pep Rally & 5K Run on Saturday, March 2, 2024. The event had 583 registrants who came out to race and raise awareness and funding for cancer research. The total amount of the donation this year to the Mays Cancer Center at UT Health San Antonio MD Anderson Cancer Center is $14,294.96. Thank you to our generous sponsors - HEB, GVEC, Schertz Cibolo Emergency Clinic, Schertz Bank & Trust, SAMCO, and State Farm - Nathan Obregon. Thank you to Orange Theory Fitness for leading our warm-up and to our SCUCISD partners who helped lead the Pep Rally - Clemens High School Cheerleaders and Drumline and the Steel High School Dance Team. Agenda No. 2. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Parks, Recreation & Community Servic Subject:Presentation celebrating the creation of the Dry Comal Creek Nature Park (S.Gonzalez/L.Shrum) BACKGROUND The City of Schertz worked with the Great Springs Project to acquire a 10.5-acre property located generally at FM 482 and Bunker Street for the new Dry Comal Creek Nature Park. The park will be a trailhead for the future Dry Comal Creek Trail that connects to the City of New Braunfels' Dry Comal Creek Trail and correlates with the Great Springs Project's trail network from the Alamo to the Capitol. The site is also along the El Camino Real de los Tejas National Historic Trail and is adjacent to the historic Comal Town area. The city was awarded a $300,000 Trails Grant from the Texas Parks & Wildlife Department to fund the development of the park. The Great Springs Project CEO, Garry Merritt, will present the City of Schertz with a commemorative map of the park. Attachments Dry Comal Creek Nature Park Press Release Dry Comal Creek Nature Park renderings Great Springs Project, Inc. P.O. Box 12331 Austin, TX 78711 www.greatspringsproject.org (512) 781-8598 For Immediate Re-Release: May 13, 2024 Contact: Emma Lindrose-Siegel, 512.781.8598, emma@greatspringsproject.org PRESS RELEASE – City of Schertz & Great Springs Project Announce New Park Schertz, Texas – The City of Schertz and Great Springs Project are pleased to announce a new 10.5-acre park on Dry Comal Creek generally at Bunker Street and FM 482. The unveiling will be this afternoon on- site at 4 pm. Directly abutting this new park is historic St. Joseph’s cemetery, and across the street is the St. Joseph’s German Chapel–designated as a historic site by the Schertz Historic Preservation Committee in 2011. This parcel, the church, the cemetery, and several surrounding parcels are part of the Historic Comal township. This park provides trail connectivity for the Great Springs Trail and is along the El Camino Real de los Tejas National Historic Trail. Given the remarkable historical and heritage value of the area with the trail connectivity, this will be a valuable park and recreational commodity for local residents. "Schertz residents have been asking for more trails across the city, and we’ve made a lot of headway with the addition of the first segment of the Great Northern Trail that opened to the public in June 2022. The new trailhead at Dry Comal Creek will have a future connection to the Great Northern Trail via Schwab Road and provide access to additional recreational green space for our northern residents. Combining the recreational amenities with the rich history of this Comal Township area is a win-win,” said Lauren Shrum, Director of Parks, Recreation, and Community Services for the City of Schertz. This new park was made possible in part by Jacob and Terese Hershey Foundation, which partnered with Great Springs Project to provide a low-interest bridge loan to purchase the land along Dry Comal Creek in the City of Schertz to serve as a park and key connector for the trail network. The Schertz City Council committed to purchase the tract from the Great Springs Project, with the goal of operating it as a public park. Elizabeth Love, CEO of the Foundation, said “We are pleased to support conservation and trail building work in one of the fastest growing regions in the U.S. where opportunities to conserve the most ecologically important lands over the aquifer are becoming fewer and farther between, particularly in the rapidly urbanizing corridor between Austin and San Antonio.” Garry Merritt, CEO of the Great Springs Project: “Real estate transactions move quickly, and the bridge loan provided by the Jacob and Terese Hershey Foundation was pivotal to Great Springs Project’s capacity to complete this land deal efficiently while affording the City of Schertz time and flexibility to do its due diligence. The Foundation’s support has been transformational in our ability to successfully complete this land conservation transaction and trail connection with the City of Schertz.” About Great Springs Project – Founded in 2019 to conserve 50,000 acres of high conservation value land between Austin and San Antonio over the Edwards Aquifer recharge and contributing zones for conservation and a 100+ mile trail network linking four of Texas’ iconic springs – Barton Springs, San Marcos Springs, Comal Springs and San Antonio Springs. www.greatspringsproject.org ### DRY COMAL CREEK PARKBOARDWALK VISION DRY COMAL CREEK PARKTRAILHEAD VISION DRY COMAL CREEK PARK - SITE PHOTOSDRY COMAL CREEK PARK - SITE PHOTOS DRY COMAL CREEK PARK -DRY COMAL CREEK PARK - HISTORICAL CONTEXTHISTORICAL CONTEXT Agenda No. 3. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:City Secretary Subject:Minutes - Consideration and/or action regarding the approval of the regular meeting minutes of May 7, 2024. (S.Edmondson/S.Courney) Attachments 05-07-2024 Minutes DRAFT D R A F T MINUTES REGULAR MEETING May 7, 2024 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 7, 2024, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Present:Mayor Ralph Gutierrez; Mayor Pro-Tem Paul Macaluso; Councilmember Michelle Watson; Councilmember Tiffany Gibson; Councilmember Robert Westbrook; Councilmember Allison Heyward; Councilmember Tim Brown Absent:Councilmember Mark Davis Staff present: City Manager Steve Williams; Deputy City Manager Brian James; City Attorney Daniel Santee; Assistant City Manager Sarah Gonzalez; City Secretary Sheila Edmondson; Deputy City Secretary Sheree Courney Call to Order Mayor Gutierrez called the meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Heyward) Mayor Gutierrez recognized Councilmember Heyward who led the Pledges of Allegiance to the Flags of the United States and State of Texas. Proclamations National Police Week May12-18, 2024 and National Peace Officers Memorial Day May 15, 2024 (Councilmember Heyward) Councilmember Heyward presented the National Police Week May 12-18, 2024, and National Peace Officers Memorial Day May 15, 2024, Proclamation to Lt. Scott LaCour and members of the Schertz Police Department. World Facilities Management Day May 8, 2024 (Councilmember Watson) Councilmember Watson presented the World Facilities Management Day May 8, 2024, Proclamation to Dawniecia Hardin-Trussell and members of the Facilities team. Economic Development Week May 6-10, 2024 (Mayor Pro-Tem Macaluso) Councilmember Macaluso presented the Economic Development Week May 6-10, 2024, Proclamation to Schertz Economic Development Director Scott Wayman and Business Engagement Manager Ashley Ritchey. National Prevention Week (Substance Abuse) May 12-18, 2024 (Councilmember 1 National Prevention Week (Substance Abuse) May 12-18, 2024 (Councilmember Gibson) Councilmember Gibson presented the National Prevention Week May 12-18, 2024, Proclamation to Ms. Katerina Eberhard, Mr. Marcus Kavanaugh, and other members of the Guadalupe County Community Coalition. International Firefighters Day May 4, 2024 (Councilmember Westbrook) Councilmember Westbrook presented the International Firefighters Day May 4, 2024, Proclamation to Battalion Chief John Perry and members of the Schertz Fire Department. Employee Introductions Mayor Gutierrez recognized City Department Heads who introduced new staff: EMS: Brooke Bush-Billing Specialist Municipal Court: Samantha Caballero-Court Clerk Civic Center: Dawn Williams Civic Center Coordinator Library: Miguel Martinez-Library Assistant Public Works-Water: Michael Willis-Water/Wastewater Worker I Purchasing: Daniel Ellenburg-Purchasing Manager The following staff will be introduced at the first Regular City Council Meeting in June: Public Works-Streets: Harris Atilano-Street Maintenance Worker I City Events and Announcements Announcements of upcoming City Events (B. James/S. Gonzalez) Mayor Gutierrez recognized Deputy City Manager Brian James who provided the following: Saturday, May 11 Nature Discovery Series, Discover the Forest Crescent Bend Nature Park 9:30 a.m. - 11:00 a.m. Wednesday, May 15 2024 Police Memorial in Partnership with Cibolo Police Department Santikos Theater 6:00 p.m. - 8:00 p.m. Saturday, May 18 Dark Skies and Fireflies Event Crescent Bend Nature Park 7:00 p.m. Sunday, May 19 EMS Touch a Truck Event - celebrating their 50th Anniversary Extravaganza The Forum Shopping Center 10:00 a.m. - 2:00 p.m. 2 Tuesday, May 21 Next Regular Council Meeting Council Chambers 6:00 p.m. Announcements and recognitions by the City Manager (S. Williams) Mayor Gutierrez recognized City Manager Steve Williams, who congratulated: Starla Blake, who was recognized by the Cibolo Police Department as the Dispatcher of the Year and Sgt. Marty Trevino, who was recognized by SCUCISD Education Foundation as SRO of the Year. Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez congratulated the two employees for their recognitions as stated by the City Manager. He had no other announcement. 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. Mayor Pro-Tem Macaluso recognized the following residents: Maggie Titterington, 1730 Schertz Parkway, who provided the following Chamber updates: On May 5th, members of the Military Affairs Committee welcomed the Honor Flight Veterans - video is posted on the Chamber Facebook page. May 21 - Chamber Luncheon - TxDOT will provide area updates on projects May 22 - Ribbon Cutting for Mayday Pest Solutions at 10:00 a.m. at the Schertz Chamber office located at 1730 Schertz Parkway. May 23 - Ribbon Cutting for Edward Jones Branch Office, Financial Advisor Matt Bauer, at 10:00 a.m. at 1 Commercial Place, Suite 101. May 29 - Ribbon Cutting for G & J Contracting at 4:00 p.m. at 17305 IH-35. She also provided an update as the Chair of the Schertz Historical Preservation Committee, stating they have added two new members to the committee with another pending appointment for June. Pleased that the committee is growing and stated they have some exciting events planned which she will provide an update on at a future meeting. She thanked Council for having the Workshop preceding the Council Meeting and offered her opinion regarding the Movin' on Main event. Stating that if it's the branding 3 of the event, which she says is branded well, that it would be in the best interest of the event to postpone it during Main Street renovations, don't rename and move it in the interim. If you have a separate event, market it as a different event. Reagan Rawe, 7993 Trainer Hale Road Unit 4, who spoke regarding the Bexar County Annexation. He began by stating that the $18 difference per month that was quoted was for agricultural only. When you start making them part of the city without providing the services that you can't provide, it's also going to add $487.20 for every $100,000 of the full appraisal value of the homestead on their property. In the case of his house, costing $200,000 in 2010, the appraisal district currently values just short of half a million. So, we're talking more than $18. He questioned whether this was on a per-acre basis. Mr. Williams offered to speak about the valuation following the meeting. Mr. Rawe stated the amount is very underestimated, and it would have a great impact on the property owners without any services. He went on to say that during the break at the last meeting, residents had spoken to many of the members and the city attorney stating that the original agreement was made, so the City of Schertz could create codes that would affect agricultural areas instead of trying to apply city codes to agricultural areas. Apparently, that has not been developed, so you can't put up barbed wire out in the country and you cannot repair it without getting a building permit. Ashley Ritchey, 1400 Schertz Parkway, identified herself as the Business Engagement Manager with the Schertz EDC and a member of the Schertz Leadership Core. She was at the meeting to observe. Kaylin Maher, 6051 FM 3009, Suite 247, identified herself as part of the Schertz Leadership Core also there to observe. Joshua Barry, 12370 Erstein Valley, spoke regarding traffic safety concerns in the Rhine Valley Subdivision. He wanted to know why they were now going through their fourth speed test when nothing ever gets done. They need stop signs, especially on the bend where he resides. He has a child on the spectrum who will just dart into the street and there have been other hearing-impaired children. Vehicles "fly down" the road. There are also sight issues due to stone pillars. He informed the Council of multiple traffic violations, including vehicles running stop signs, going around school buses while it is stopped for children to exit. They have residents standing in the middle of the road trying to help children cross safely. He stated that citizens should not have to beg the Council for basic safety measures. He went on to say that they are carrying to protect themselves. He stated he has nothing but respect for the PD, but they can't be everywhere. They have been told to police it themselves, within reason, but they must do what they must do. No parent should have to put themselves at risk to protect the children. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1.Minutes - Consideration and/or action regarding the approval of the regular meeting 4 1.Minutes - Consideration and/or action regarding the approval of the regular meeting minutes of April 16, 2024. (S.Edmondson/S.Courney) 2.Resolution 24-R-52 - Authorizing a Cost Sharing Agreement for the Saddlebrook Development.(S.Williams/B.James) 3.Appointment/Reappointment/Resignations For Boards/Commissions/Committees (S.Edmondson) Appointments Sophie Rodriguez - Schertz Historical Preservation Committee Maria Fain - Schertz Historical Preservation Committee Resignations Robert Marks - Transportation Safety Advisory Commission and Parks and Recreation Advisory Board Mayor Gutierrez stated that Item #3 had been pulled from Consent and asked if there were any other Consent Items that needed to be removed for further discussion. No other items were removed for discussion. Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1 - #2. Moved by Councilmember Allison Heyward, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed Item #3, second section was removed from Consent because Mr. Robert Marks chose to exercise his right to resolute determination for his position on the Transportation Safety Advisory Commission and the Parks and Rec Advisory Board and rescinded his resignation and elected for Council to make the final decision and asked that Council proceed with dignity and diligence related to this matter. The resolution is to remove "resignation of" and add "removal of" Robert Marks from the boards. Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred. Mayor Gutierrez asked for a motion to approve item #3, the removal of Robert Marks, from TSAC and the Parks and Recreation Advisory Board. Moved by Councilmember Michelle Watson, seconded by Councilmember 5 Allison Heyward AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown. Passed Public Hearings 4.Ordinance 24-H-07- Conduct a public hearing, consider and possible action on proposed updates to the Schertz Code of Ordinances, Chapter 34 - Health, Article IV Smoking in public places and Article VI - Illegal Smoking Materials. First Reading (B.James/L.Wood/A.Cantu). Mayor Gutierrez recognized Sanitarian Amanda Cantu who provided a briefing that included the evolution of smoking devices from 1st generation disposable cigalike to 2nd generation medium-size rechargeable/refillable to 3rd generation large-size tank/mod, to the current 4th generation nicotine salt/pod mod devices. Smoking devices are continuously evolving. The first proposed change is to update language terminology and definitions throughout Chapter 34, Article IV, to match State rules. Definitions include electronic smoking device, retail tobacco store, and vaping. Additional updates include additions to subsection 34-89, 34-93, and 34-94; revisions to subsections 34-91, 34-94, and 34-96; and removal of subsection 34-95 and Article 6 removal of illegal smoking material. Also recommended are updates to the penalties. Ms. Cantu stated that it is the City's desire to promote health and safety conditions for all establishments and the proposed revisions will bring Code of Ordinances into alignment with State law and be consistent with surrounding municipalities. Mayor Gutierrez opened the Public Hearing at 6:48 p.m. The following residents spoke: Katarina Eberhard, 101 Patrick Henry Drive, stated she came to educate the Council on the dangers of secondhand smoke and aerosol from Vapes both in the workplace and in general. She addressed the undeniable health risks associated with exposure to secondhand smoke according to the CDC and the World Health Organization. Secondhand smoke contains over 7,000 chemicals, including more than 70 known carcinogens that cause heart disease, lung cancer, and other serious illnesses. Hospitality workers and other nonsmokers exposed to secondhand smoke are at increased risks for developing these illnesses. Children, pregnant women, and individuals with pre-existing health conditions are particularly vulnerable as well. Secondhand smoke is the third leading cause of preventable death in the United States claiming the lives are approximately 42,000 Americans every year. Concerning Vaping, the use of electronic cigarettes has become increasingly more prevalent, 6 especially among our youth. The aerosol emitted from these devices contains harmful substances such as nicotine, ultrafine particles, volatile organic compounds, and heavy metals which can be inhaled by bystanders. Recent data shows that exposure to secondhand aerosols from vaping can impair respiratory function and impose health risks like secondhand smoke. Our youth are exceptionally vulnerable to the impacts of secondhand smoke as well. In our area, the average age of first use of tobacco or a tobacco product is 12. One in ten of our youth report using a tobacco product in the past month. This early exposure harms their developing brains and bodies and increases the likelihood of substance-use disorders and lifelong health issues. Furthermore, secondhand smoke not only poses health risks but also exacts a substantial economic toll on our community. According to the American Lung Association, secondhand smoke costs our economy $5.6 billion per year due to lost productivity alone. Secondhand smoke related issues cost Texas over $8.8 billion annually in healthcare. She thanked the Council for bringing awareness to this issue and that by understanding the significant health risks associated with secondhand smoke and aerosols we take an important step in protecting our community. Theresa Spiess, 5749 Bill Haus, began with a shoutout to the Schertz Police and Fire Departments for the work in her neighborhood, Scenic Hills, today. She stated she is a resident of Schertz as well as the Executive Director of the American Heart Association locally and was proud to hear Council was considering this ordinance that gets rid of some of the exemptions for some of our businesses that allow tobacco use and, more importantly, that it includes vaping. Vaping is an epidemic for our kids, and this is a bold step Council is taking to ensure that our city, with this ordinance, will have a comprehensive tobacco-free ordinance. So, you join many other cities throughout the state who are taking this step to move into the next century and protect everyone from secondhand smoke. Sarah Stafford, Board Certified Pediatrician at Northeast Pediatric Associates located at 5000 Schertz Parkway, stated she strongly supports the proposed updates to our city smoking ordinance being considered this evening. She told Council that their leadership and support of these updates will improve the health and quality of life for everyone in Schertz. While the damaging effects of smoking are well known, what is overlooked is the impact that secondhand smoke has on people who have made the choice not to smoke. She reiterated that 42,000 Americans die from preventable diseases such as heart disease and lung cancer due to their exposure to secondhand smoke. If the Ordinance is passed it will ensure that all Schertz residents are protected from dangerous indoor exposure to secondhand smoke while at work. As a doctor, she stated she was proud to work in the City of Schertz, a city that prides itself on being family friendly and promoting health. She asked Council to join over 100 Texas cities who have already passed similar ordinances by supporting this ordinance. As a pediatrician, she stated that we used to start talking to kids about smoking and vaping in high school, but she recently had a 10-year-old tell her they were offered a vape in the bathroom at their school. This is not hypothetical, it's happening now. Marcus Cavanaugh, 10418 Connell Pond, read a statement from Dr. Dean, a retired pediatric pulmonologist. Dr. Dean stated that he is concerned about allowing smoking in public places, given the impact that secondhand smoke has on children with asthma 7 or individuals with sensitive lungs. Secondhand smoke is an inhaled irritant that can irritate the lining of the lungs of children with asthma. Children with asthma have easily irritated lungs based on allergy predispositions. Inhaled irritants like tobacco smoke and vaping or even poorly ventilated rooms or exposure to external pollutants can trigger an asthma attack. 44% of children with asthma have uncontrolled asthma, which means lung function can dip to critically low levels that are unrecognizable to children or parents. Additionally, inflammatory triggers such as tobacco smoke, vaping, or pollution or exposure to high levels of allergic irritants can further an inflamed lung lining and drop lung function to systemic levels where the child is coughing with exercise or sleep disruption due to coughing. This may lead to an asthma attack that evolves into a trip to the emergency room to get it under control. All asthma attacks have the potential to lead to life-threatening events. On average in Texas, 10 -15 children die from asthma attacks on a yearly basis. These deaths are preventable. It is difficult for primary care physicians to manage asthma in the best of conditions, so it's important that communities help these children and adults with asthma or other lung problems such as chronic lung disease and minimize the irritants that these susceptible individuals encounter while enjoying public events. There's another solid irritant that accumulates in public places with tobacco smoking that children do not have to be exposed to directly but contributes to inflammation in the lungs. This irritant is called thirdhand smoke. These are the particle residue of tobacco that settles on the furniture and walls of an establishment. This residue is picked up on the clothes and the hands of people in the room, brought to the home of the child or adult with asthma, transferred to the dust and environmental atmosphere and is breathed in from bed coverings, toys, or dust on stuffed animals. This irritant contributes to inflammation of the lungs, leading to unexpected flare-ups of asthma due to constant exposure in the home and environment. Jerry Saavedra, American Heart Association, 4847 Limestone Well Drive, San Antonio, there on behalf of the Smokefree Texas Coalition, which involves the American Cancer Society, the American Lung Association Campaign for tobacco-free kids and other national health organizations. They 100% support the updates that are recommended in the amended ordinance tonight. They have reviewed the ordinance, and it aligns with the best practices and what now most cities consider 100% comprehensive, and they are excited for Schertz to have an ordinance that meets current national standards. From their review, he suggested one area for possible conversation revolves around the penalties section. Currently, it states the first offense is $200, the second offense is $500, but it doesn't differentiate between an individual or a business that has habitually allowed smoking. He asked that they move away from law enforcement (criminal) penalties to code violations and civil penalties, more along the lines of a public health perspective. Mayor Gutierrez closed the Public Hearing at 7:00 p.m. Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred. Mayor Gutierrez asked for a motion to approve Ordinance 24-H-07. Moved by Councilmember Allison Heyward, seconded by Councilmember Tim Brown 8 AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 5.Ordinance 24-S-18 - Conduct a public hearing and consider a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) Mayor Gutierrez recognized Planner Daisy Marquez who provided the location of the subject property, explanation of adjacent properties, that 10 public notices were sent on March 12, 2024, a public hearing notice sign was posted on the property, and a public hearing notice was published in the San Antonio Express-News on April 10, 2024. Public Hearing Notice responses received as follows: 0 - Opposition; 7 - in favor; and 0 - Neutral. Per the letter of intent, the proposed zoning change is to allow the applicant to pull future building permits. When determining a recommendation, staff review UDC Section 21.5.4.D Criteria for approval. Staff reviewed each of the 8 criteria and provided the outcome to Council. Staff recommends approval of the proposed rezoning to R-A. The Planning and Zoning Commission held a public hearing on April 3, 2024, and made a recommendation of approval with a 6-0 vote. Mayor Gutierrez opened the public hearing at 7:09 p.m. No residents came forward to speak. Mayor Gutierrez closed the public hearing at 7:09 p.m. Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred. Mayor Gutierrez asked for a motion to approve Ordinance 24-S-18. Moved by Councilmember Tim Brown, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed 6.Ordinance 24-S-19- Conduct a public hearing and consider a request to rezone 9 6.Ordinance 24-S-19- Conduct a public hearing and consider a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. First Reading (B.James/L.Wood/D.Marquez) Mayor Gutierrez recognized Planner Daisy Marquez who provided the location of the subject property, explanation of adjacent properties, that 7 public notices were sent on March 20, 2024, a public hearing notice sign was posted on the property, and a public hearing notice was published in the San Antonio Express-News on April 10, 2024. Public Hearing Notice responses received as follows: 0 - Opposition; 0 - in favor; and 1 - Neutral. Per the letter of intent, the proposed zoning change is to allow the applicant to remodel their home. When determining a recommendation, staff review UDC Section 21.5.4.D Criteria for approval. Staff reviewed each of the 8 criteria and provided the outcome to Council. Staff recommends approval of the proposed rezoning to R-A. The Planning and Zoning Commission held a public hearing on April 3, 2024, and made a recommendation of approval with a 6-0 vote. Mayor Gutierrez opened the public hearing at 7:18 p.m. No residents came forward to speak. Mayor Gutierrez closed the public hearing at 7:18 p.m. Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred. Mayor Gutierrez asked for a motion to approve Ordinance 24-S-19. Moved by Mayor Pro-Tem Paul Macaluso, seconded by Councilmember Michelle Watson AYE: Mayor Pro-Tem Paul Macaluso, Councilmember Michelle Watson, Councilmember Tiffany Gibson, Councilmember Robert Westbrook, Councilmember Allison Heyward, Councilmember Tim Brown Passed Closed Session 7.The City Council will meet in closed session under Section 551.087 of the Texas Government Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The governmental body is not required to conduct an open meeting (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business 10 prospect. Project:E-94 Mayor Gutierrez stated Project E-94 has been postponed until further notice. Reconvene into Regular Session Closed session was postponed, therefore regular session did not recess. 8.Take any action based on discussion held in Closed Session under Agenda Item #7. No action was taken on Agenda Item #7 due to postponement. Information available in City Council Packets - NO DISCUSSION TO OCCUR 9.Monthly Update - Major Projects In Progress/CIP (B.James/K.Woodlee) 10.Neighborhood Services - Quarterly Update Requests and Announcements Requests by Mayor and Councilmembers for updates or information from Staff Councilmember Watson requested a Workshop on increasing certification pay for the police department and another look at the Comp Study for pay rate in certain departments for the more established employees. Mr. Williams responded that he would get with her to clarify these requests. Councilmember Heyward asked if that would be part of the budget meeting. Mr. Williams responded that typically, that would be something discussed during the budget process. He went on to say they are currently working on certification pay citywide. Councilmember Heyward asked Councilmember Watson if this discussion could wait for the budget meeting as opposed to having a separate workshop. Mr. Williams stated that they are currently working on a certification pay program that they plan to bring to the Council soon. Councilmember Watson said she would like a date, so the issue doesn't sit on the back burner. Mr. Williams stated he thought money had been budgeted for the current year, so we wouldn't have to wait for the budget workshop. Assistant City Manager Gonzalez stated that funds were not budgeted for the certification process in this year's budget; funds were budgeted for job progression. She stated that certification pay would be part of an expanded program discussion. The budget retreat is scheduled for August 2, 2024. Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda City and Community Events attended and to be attended (Council) 11 Councilmember Gibson attended the Northern D'Lights Ribbon Cutting. Councilmember Heyward attended the Volunteer Banquet, the TMLIRP Board Meeting, Souffle Cafe Ribbon Cutting in Cibolo ETJ, TML Small Cities Conference in Granbury, and The Chamber Open. And, she spoke with the Schertz Young Leaders about her leadership journey. Councilmember Brown attended a tour of the Post Oak Landfill with the SSLGC. Adjournment Mayor Gutierrez adjourned the meeting at 7:25 p.m. _______________________________ Ralph Gutierrez, Mayor ATTEST: ____________________________________ Sheila Edmondson, City Secretary 12 Agenda No. 4. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Executive Team Subject:Resolution 24-R-49 - Authorizing a Schertz Main Street Local Flavor Economic Development Grants for 415 and 820 Main Street. (S.Williams/B.James) BACKGROUND The owner of th J's Grocery and Smoke shop located at 415 Main Street is applying for a Schertz Main Street Local Flavor Economic Development Grant. This is the second grant this property has applied for. The applicant previously was approved for a facade improvement grant for up to $9,192.50 (estimated project cost is $18,385) to redo the roof and repair woodwork to the storefront canopy as well as a sign grant up to $5,000.00. The applicant is seeking a Systems Grant of up to $15,000.00 for sewer lateral replacement work. The owner of 820 Main is seeking a Site Improvement Grant for a parking lot addition. This grant would potentially be up to $20,000. The applicant has received $19,424,29 in grants in the past and has an open grant for up to $20,000 that is outstanding. Prior to entering into a new grant agreement, staff will have to work with the owner of 820 Main and the tenant for the grant that was approved in June of 2023 for this site to close that grant. That grant was for up to $20,000. The maximum grant total for any property is up to $40,000. So the amount available for the parking lot expansion, if any, is dependent on how much is paid out, if any for the open grant. Staff is adding a provision to the Main Street Grant Agreement template that requires the property owner to dedicate any easements that might be needed for the Main Street Redevelopment Project, at no charge as it is hard to justify paying for easements for a project that is to the benefit of the property owners in addition to providing the matching grants. 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 matching grants that promote local economic development and stimulate business and commercial activities. COMMUNITY BENEFIT Encourage the attraction of small businesses that will create local charm and help develop a sense of place 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 24-R-49, approving a Schertz Main Street Local Flavor Economic Development Grant for up to $14,192.50 for 415 Main Street. FISCAL IMPACT The maximum amount for the grant for 415 Main is $15,000. The maximum amount of the grant for 820 Main is $20,000.00 but it is possible that the property is not eligible for the full amount after closing the open grant for that property and potentially is not eligible for any grant funding. Staff will not execute the new agreement until the open grant has been closed. Currently, there are nearly $40,000 in open grants with 3 property owners ($20,000 of which is the open grant for 820 Main mentioned above). To date the City has paid out $18,469.47 in Local Flavor Grants. RECOMMENDATION Approval of Resolution 24-R-49. Attachments Resolution 24-R-49 w attachment Agenda No. 5. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Engineering Subject:Resolution 24-R-53 - Authorizing a Resolution amending the Agreement with Cobb, Fendley & Associates, Inc., for Engineering Services for the Woman Hollering Creek Wastewater Project. (B.James/K.Woodlee) BACKGROUND The City of Schertz is currently completing construction of the Woman Hollering Creek Wastewater Main and Lift Station project to collect and convey wastewater to the new Cibolo Creek Municipal Authority (CCMA) water reclamation plant off of Trainer Hale Road in southern Schertz. The system consists of approximately 14,500 linear feet of gravity main, 6,000 linear feet of force main, and a new lift station near Woman Hollering Creek at IH 10. While delays related to materials needed for completion of the lift station significantly impacted the overall project schedule (original substantial completion January 2023 - currently expected completion June 2024), construction of the improvements is nearing completion. The slow progress over the past months has caused the need for consulting resources to increase beyond what was anticipated. The City's agreement with its design engineer, Cobb, Fendley & Associates, Inc., (CobbFendley) requires further updating primarily due to the longer construction duration than originally assumed. The scope of construction phase services updated multiple times during the lengthy construction period is not adequate to allow for the level of effort needed from the design engineer through the remainder of the anticipated period of construction. It is also recommended that additional surveying services be used to confirm key elevations as constructed that may deviate from the original design. The total estimated fee for the modified construction phase services that exceeds the most recently approved amount is $69,529.40. Staff is requesting that Council authorize a not to exceed increase to the agreement of $100,000. The difference between the consultant-proposed amount and the staff-requested amount will only be used if needed in the event that further delays or other unanticipated obstacles occur for which design engineer services are needed. Attached to the resolution is a copy of the scope and fee amendment proposed by CobbFendley. GOAL The goal of this resolution is for the City Council to authorize an amendment to the Professional Services Agreement with CobbFendley to allow the City to continue the appropriate level of construction phase engineering services construction period of the Woman Hollering Creek Wastewater Project. COMMUNITY BENEFIT Providing the appropriate level of engineering construction phase services is necessary to ensure that this major capital infrastructure project is constructed with solid design control and technical oversight. SUMMARY OF RECOMMENDED ACTION Staff recommends authorization of the amendment to the professional services agreement with CobbFendley to establish an increased scope of services. FISCAL IMPACT Funding needed for the not to exceed amount requested is $100,000. That amount is available under the total funding for construction and ancillary tasks associated with the WHC WW Project. Funding for this project comes from a combination of 2013 Bond Sales and Wastewater Capital Recovery Funds. RECOMMENDATION Approve Resolution 24-R-53 Attachments 24-R-53 RESOLUTION NO. 24-R-53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AMENDMENT 6 TO THE PROJECT AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC., RELATING TO CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE WOMAN HOLLERING CREEK WASTEWATER LINE PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City requires professional services relating to the construction phase engineering responsibilities for the Woman Hollering Creek Wastewater Line Project that exceed the original project agreement scope; and WHEREAS, City staff has determined that Cobb, Fendley & Associates, Inc., is uniquely qualified to provide such services for the City; and WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or proposals with respect to a procurement for personal, professional, or planning purposes; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the contract with Cobb, Fendley & Associates, Inc., pursuant to its proposed amended scope and fee for construction phase services presented as Exhibit A (“Amendment 6”) for an amount of $69,529.40. WHEREAS, the City Council authorizes City Staff to expend up to a not to exceed amount of $100,000 on further amendments to the Project Agreement, if needed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: Section 1. The City Council hereby authorizes approval of the Amendment to the Agreement with Cobb, Fendley & Associates, Inc., in substantially the form set forth on Exhibit A and to execute further Amendments as necessary not to exceed an additional expenditure amount of $100,000. 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 __________, 2024. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (CITY SEAL) EXHIBIT A A-1 401 Isom Road, Bldg. 100, Suite 101 | San Antonio, Texas 78216 | 210.826.4611 | fax 210.826.4906 | www.cobbfendley.com TBPE Firm Registration No. F-274 | TBPLS Registration No. 10193891 April 24, 2024 Ms. Kathryn J. Woodlee, P.E., CFM City of Schertz City Engineer 10 Commercial Place Building 2 Schertz, TX 78154 VIA E-MAIL Re: Supplemental Amendment 6 for Woman Hollering Creek Wastewater Project Extended Construction Time Ms. Woodlee: Cobb, Fendley & Associates, Inc. (CobbFendley) appreciates the opportunity to provide this proposal for additional services for the construction phase. The table below summarizes the additional submittals and RFIs that have been address ed as well as the extended duration of the contract. Item Assumed Actual as of 4/24/2024 Notes Submittals 80 111 Some of these required more than 2 reviews RFIs 80 85 Duration 12 months 26 with a total of 28-29 anticipated NTP on 1/11/2022 for 12 month duration. Now anticipate substantial completion in late-June 2024. CobbFendley has worked diligently and efficiently to perform the scope within the contracted budget. At this time, the existing budget has been expended and we are request ing additional funds to complete the remaining anticipated services as summarized below: 1. Addressing final closeout issues and RFIs including drawing revisions. This line item is included for unknown issues that may arise as the construction is closing out such as the canopy slab for the MCC not being open, grout placement in the wet well, the Manhole B1-6 correction plan, and other unforeseen issues that are discovered as the team is performing final observations. 2. Additional Progress Meetings and Project Management. The current schedule shows final completion in late-June 2024. This proposal assumes project closeout in late-July 2024 with weekly on-site progress meetings through July. 3. Pre-punch list walk throughs. CobbFendley will parti cipate in pre-punch list walk throughs for the gravity main, lift station, and force main and provide notes of findings and coordination of reviewing corrected work. 4. Final Walkthrough. CobbFendley will participate in the final walkthrough for the gravity main, lift station and forcemain and coordinate with the City and inspection team on preparing and closing out the final punch list. 5. Startup. CobbFendley will attend the startup of the lift station and coordinate with the City and the inspection team on the startup protocol and observations. 401 Isom Road, Bldg. 100, Suite 101 | San Antonio, Texas 78216 | 210.826.4611 | fax 210.826.4906 | www.cobbfendley.com TBPE Firm Registration No. F-274 | TBPLS Registration No. 10193891 6. Record Drawings. CobbFendley will provide a set of Record Drawings based on as-built markups provided by the Contractor and integrating drawing revisions that were issued as RFI responses. 7. MHB1-6 Work Plan Survey. CobbFendley will provide additional survey for MHB1-6 as described in the attached scope of services. Contingency survey fee has also been included to cover potential additional as-built survey that might be required to confirm the wastewater system was built in conformance with the engineering plans. Basis of Compensation We propose to perform these services according to the fee table below and attached based on the terms and conditions of the Project Agreement for Engineering Services executed on October 8, 2015 and the Rate Table included within Supplemental Number 4 executed on April 5, 2022. Description Cost Additional Engineering $54,202.00 Survey for MHB1-6 $5,327.40 Contingency for Additional Survey $10,000.00 Total Extended Construction Time $69,529.40 Please do not hesitate to contact me at (512) 834-9798 if you have any questions about the above referenced proposal. Sincerely, Julie Hastings, PE, MBA Principal | Project Manager cc: Luis Santos, PE Page 1 of 2 505 East Huntland Drive, Suite 100 | Austin, Texas 78752 | 512.834.9798 | fax 512.834.7727 | www.cobbfendley.com TBPE Firm Registration No. 274 | TBPLS Registration No. 10046701 April 11, 2024 Topographic Survey in the City of Selma, Texas Proposal for Professional Services SURVEY – CONTROL 1. CFA will utilize the Trimble VRS – GPS network for this project. 2. The GPS control will be referenced to the Texas State Plane Coordinate System – South Central Zone, North American Datum 1983 (2012), North American Vertical Datum 1988 (Geiod 12b). 3. CobbFendley will recover or establish a minimum of two (2) control monuments within Hallie’s Cove Subdivision. SCOPE OF SERVICES 1. CobbFendley will perform a topographic survey of nine (9) existing manholes. If the manhole at the intersection of Hallie Stone and Hallie Creek is unbolted, flowline elevations will be collected. One (1) wastewater line within the project limits (as exposed by designated contractor) will also be surveyed. Top and bottom elevation of the exposed pipe will be collected. 2. CobbFendley will not access private property for the purposes of this survey. If access is necessary, additional right-of-entry, permitting and traffic control may be required. 3. A survey drawing will be prepared depicting the manholes and wastewater line. No property lines or ownership information will be included. 4. The survey drawing will be prepared using AutoCAD and delivered in electronic format. 5. Client shall furnish the following information or tasks, as available, for services at no cost to CobbFendley: a) Permission to enter and survey the land, preferably written. b) Other available information or assistance as appropriate. Page 2 of 2 505 East Huntland Drive, Suite 100 | Austin, Texas 78752 | 512.834.9798 | fax 512.834.7727 | www.cobbfendley.com TBPE Firm Registration No. 274 | TBPLS Registration No. 10046701 EXCLUSIONS FROM THE SCOPE OF SERVICES Specific items excluded from this proposal are as follows, and CobbFendley shall have no responsibility to perform any of these services. 1. Right of Entry will be PROVIDED BY THE CLIENT. 2. The survey will not address compliance or assessment of additional existing utilities, wetland determinations, fault lines and/or environmental assessments that are beyond the surveyor’s expertise. 3. Location of underground utilities (SUE), 811 calls or markings. 4. Any other service not specifically included within this description of Scope of Services described above. 1. Woman Hollering Wastewater Line SA6 Extended Construction Time Fee Estimate Worksheet 4/24/2024 $299.00 $299.00 $227.00 $175.00 $170.00 $175.00 $149.00 $65.00 Task Principal Sr Engr V (Structural)Sr Engr PM I Senior Tech III RPLS 2-Person Survey Crew Clerical Total Hours Mileage Total Budget I. Extended Construction Time Activities Addressing final closeout issues/RFIs including drawing revisions 8 8 12 40 68 $14,508.00 Additional progress meetings and project management through July 31, 2024 16.5 8.5 68 12 105 $683.40 $20,226.40 Pre-punch list walk throughs 2 2 8 12 $80.40 $2,532.40 Final Walkthrough 2 2 8 $80.40 $2,532.40 Startup 4 20 20 44 $160.80 $9,396.80 Record Drawings 2 4 20 26 $5,006.00 $0.00 Survey for B1-6 Correction Plan 12 3 18 33 $80.40 $5,327.40 Contingency for additional survey if needed $10,000.00 $0.00 Subtotal - Extended Construction Time $69,529.40 Total SA6 34.5 8 48.5 164 12 3 18 12 288 Labor Rates Labor Rates Woman Hollering WW Line Project Page 1 of 1 2021 Standard Rate Schedule Senior Engineer V or Principal ................................................................................... $299.00/HR Senior Engineer IV or Project Manager V .................................................................. $278.00/HR Senior Engineer III or Project Manager IV .................................................................. $242.00/HR Senior Engineer II or Project Manager III ................................................................... $227.00/HR Senior Engineer I or Project Manager II ..................................................................... $201.00/HR Engineer III or Project Manager I ............................................................................... $175.00/HR Engineer II ................................................................................................................. $155.00/HR Engineer I .................................................................................................................. $129.00/HR Graduate Engineer II. ................................................................................................. $118.00/HR Graduate Engineer..................................................................................................... $108.00/HR Project Coordinator. ..................................................................................................... $98.00/HR Senior Technician III (GIS, Telecom, Utility, CAD, Field) ............................................ $170.00/HR Senior Technician II (GIS, Telecom, Utility, CAD, Field) ............................................. $149.00/HR Senior Technician I (GIS, Telecom, Utility, CAD, Field) .............................................. $129.00/HR Technician III (GIS, Telecom, Utility, CAD, Field) ....................................................... $103.00/HR Technician II (GIS, Telecom, Utility, CAD, Field) .......................................................... $84.00/HR Technician I (GIS, Telecom, Utility, CAD, Field) ........................................................... $62.00/HR Licensed State Land Surveyor ................................................................................... $242.00/HR Senior Registered Professional Land Surveyor. ......................................................... $216.00/HR Registered Professional Land Surveyor ..................................................................... $175.00/HR Project Surveyor. ....................................................................................................... $155.00/HR Certified Photogrammetrist. ....................................................................................... $205.00/HR 4 Person Survey Crew ............................................................................................... $196.00/HR 3 Person Survey Crew ............................................................................................... $175.00/HR 2 Person Survey Crew ............................................................................................... $149.00/HR 1 Person Survey Crew ............................................................................................... $108.00/HR 2 Person Hy-Drone Crew ........................................................................................... $350.00/HR 2 Person UAV Drone Crew ........................................................................................ $242.00/HR Construction Manager III ............................................................................................ $288.00/HR Construction Manager II ............................................................................................. $237.00/HR Construction Manager I .............................................................................................. $191.00/HR Construction Observer III ........................................................................................... $160.00/HR Construction Observer II ............................................................................................ $134.00/HR Construction Observer I ............................................................................................. $113.00/HR Sr. Right-of-Way Agent III or ROW Project Manager III .............................................. $250.00/HR Sr. Right-of-Way Agent II or ROW Project Manager II ................................................ $200.00/HR Sr. Right-of-Way Agent I or ROW Project Manager I .................................................. $180.00/HR Right-of-Way Agent III or ROW Attorney .................................................................... $160.00/HR Right-of-Way Agent II ................................................................................................. $140.00/HR Right-of-Way Agent I .................................................................................................. $110.00/HR (Continued) Right-of-Way Technician. ........................................................................................... $100.00/HR Administrative ............................................................................................................ $108.00/HR Clerical......................................................................................................................... $82.00/HR Field Data Device ................................................................................................ $40.00/HR/unit SUBSURFACE UTILITY ENGINEERING Two-Man Designating Crew (4-Hour Minimum) .............................................................. $175/HR One-Man Designating Crew (4-Hour Minimum) .............................................................. $113/HR Vacuum Excavation Truck with 2 Technicians (Vac 6000) (4-Hour Minimum) ................. $325/HR Vacuum Excavation Truck with 2 Technicians (Vac 3000 & 4000) (4-Hour Minimum) ..... $304/HR Ground Penetrating Radar with 1 Technician (4-Hour Minimum) .................................... $268/HR Traffic Control Officer ............................................................................................. @ Cost + 10% Traffic Control (Lane Closures, etc.) ................................................................. To Be Negotiated Permits (Local, State, etc.) ..................................................................................... @ Cost + 10% Designation, Location & Traffic Control Vehicles .......................................................... $6.50/Mile REIMBURSABLE EXPENSES Technology Fee (*) ........................................................................................................ $3.75/HR Consultant or Specialty Contractor (Outside Firm) ................................................. @ Cost + 10% Courier, Special Equipment Rental ........................................................................ @ Cost + 10% Reasonable Out of Town Travel Expenses (Air, Hotel, Rental, etc.) ................................. @ Cost Mileage (Standard Car or Truck) .................................................................... IRS Approved Rate Per Diem for Out of Town Travel (Per Day/Person) ............................... GSA Standard Rate/Day Title Plant Charges ................................................................................................ @ Cost + 10% Other Misc. Expenses Related to the Project ......................................................... @ Cost + 10% In-House Reproduction:  Copies (Up to 11” x 17”) .................................................................................. $0.15/Each  Color Prints (Up to 11” x 17”) .......................................................................... $1.50/Each  Color Prints (Larger than 11” x 17”) .............................................................. $3.00/Sq. Ft.  Bluelines (All Sizes) ........................................................................................ $1.00/Each  Bond Prints (All Sizes) .................................................................................... $2.00/Each  Mylar Prints .................................................................................................. $12.00/Each  Vellum Prints .................................................................................................. $9.00/Each (*) Technology charges added to each billable man-hour. Agenda No. 6. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Parks, Recreation & Community Servic Subject:Resolution 24-R-54 - Authorizing a trail easement agreement with Riata Land Association of Homeowners Inc for a segment of the Great Northern Trail. (S.Gonzalez/L.Shrum) BACKGROUND The Great Northern Trail is a trail project that is planned to follow the high-line utility easement along Wiederstein Road and stretches approximately 8 miles from Schertz Parkway to the Cypress Point neighborhood in northern Schertz. The first and second section of this trail already exists in Forest Ridge Park and as part of the Schertz Pedestrian Routes & Bike Lanes Project that connects Schertz Parkway to Wiederstein to Forest Ridge Park. The next section of trail city staff is focusing on is the connection from the existing trails in the Belmont neighborhood to FM 1103 (near Cibolo Valley Baptist Church.) A trail easement agreement was completed with Cibolo Valley Baptist Church and the section on their property was completed in 2022. Staff is now working with the Riata Homeowner's Association to build a new section of the Great Northern Trail on HOA property. The HOA built a 3-foot wide asphalt loop several years ago and the asphalt has degraded significantly. The plans call for a new 10 foot-wide concrete path that is multi-use (hike, bike, run, roll) and that is ADA accessible. The new design takes into consideration proper drainage and maintains connections to the neighborhood streets, but also redesigns the access from the midpoint of the Fairlawn Avenue circle to the existing crosswalk at Winding Trail and the driveway of Sippel Elementary. Design is completed on this section and staff has prepared the easement agreement (attached.) Once the easement agreement is executed, construction could begin later this summer. GOAL The goal is to secure this trail easement agreement with the Riata Homeowner's Association in order to construct a segment of the Great Northern Trail across the easement. COMMUNITY BENEFIT The community will benefit by this trail easement agreement as it is a missing piece to the connectivity needed for the Great Northern Trail. Without this easement agreement there would be a significant gap in the trail system and further disconnect our northern residents. SUMMARY OF RECOMMENDED ACTION Approve Resolution 24-R-54. FISCAL IMPACT There is no fiscal impact related to this easement agreement. Construction of the trail will have a fiscal impact and that will be brought to council in a separate item. Trail funding is set aside for this project in the Bond Funds designated for Parks & Trail Projects in 2021 as well as dedicated Trail funds in the General Fund ($250,000 per year.) RECOMMENDATION Approve Resolution 24-R-54. Attachments Resolution 24-R-54 RESOLUTION NO. 24-R-54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TRAIL EASEMENT AGREEMENT WITH RIATA LAND ASSOCIATION OF HOMEOWNERS INC FOR A SEGMENT OF THE GREAT NORTHERN TRAIL. WHEREAS, city staff has planned the Great Northern Trail to follow the high-line utility easement from Schertz Parkway north to the Cypress Point neighborhood; and WHEREAS, city staff has identified easements needed across private property to create connections between existing trail sections and future trail sections; and WHEREAS, city staff has determined a trail easement is needed across property owned by Riata Land Association of Homeowners Inc to build a connecting section of trail to the Cibolo Valley Baptist Church section and on to the FM 1103 pedestrian improvements. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes a trail easement agreement with Riata Land Association of Homeowners Inc for a section of the Great Northern Trail (in attached 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 _____ day of ________________, 2024. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (CITY SEAL) A-1 EXHIBIT A TRAIL EASEMENT AGREEMENT 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. TRAIL EASEMENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF GUADALUPE § THAT RIATA LAND ASSOCIATION OF HOMEOWNERS INC, a _____________ _______________ (the “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the benefits which will accrue to the Grantor and to the public generally, and other good and valuable consideration to the Grantor paid by the CITY OF SCHERTZ, a Texas municipal corporation (the “Grantee”), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, and CONVEYED and by these presents does GRANT, SELL, and CONVEY unto the Grantee, its successors and assigns , subject to the terms hereof, a permanent easement and right-of-way upon, across, and beneath real property located in Guadalupe County, Texas, as more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes (the “Easement”), and being a 1.07-acre (46,438.22 square- foot) tract of land situated in the Rafael Garza Survey, abstract No. 138, City of Schertz, Guadalupe County, Texas, and being out of Lots 77, Block 1 as depicted on the final plat of Riata Unit 3B, recorded in Volume 7, Page 709, Map and Plat records of Guadalupe County, Texas (M.P.R.G.C.T.) (the “Premises”). The Easement is granted for the purpose of constructing, operating, maintaining, and repairing a trail (the “Trail”), together with free and unrestricted public pedestrian ingress and egress in, upon, and over the Easement. The Easement herein granted is subject to the following terms, agreements, reservations, conditions, covenants, limitations, and exceptions: (1) The Easement herein granted shall be located across a 30-foot width strip of land per the attached Exhibit A and shall be perpetual until the execution and recordation in the Official Public Records of Guadalupe County, Texas, of an instrument by which the Grantee, or its successors or assigns, as applicable, abandons and releases the Easement. (2) Neither the Grantor nor any successor owner of the Premises shall disturb, or otherwise interfere with the continued use of the Trail, nor shall any such persons erect or permit the erection of any buildings, slabs, structures, or other improvement within the boundaries of the Easement, or which would otherwise interfere with the Trail’s continued use and maintenance. With respect to any buildings, slabs, structures, or other improvements encroaching on the Easement as of the date of this Agreement, the Grantee shall have the right to remove such building, slab, structure, or improvement to allow for the construction, operation, - 2 - maintenance, or repair of the Trail. To the extent that construction of the Trail results in the removal of brush from the Easement, the Grantee shall arrange for the disposal of the brush at the Grantee’s sole cost and expense. Grantor shall remain responsible for the maintenance of the unimproved portions of the Easement. Should Grantor fail to maintain the easement, Grantee shall have the right to do so if in the Grantee’s sole judgement, the maintenance is required to safely use the Trail. (3) The Easement herein granted shall run with the land and be binding upon and inure to the benefit of the Grantor and the Grantee, and their respective successors, assigns, and legal representatives, and shall be binding upon all parties having or acquiring any right, title or interest in the Premises or any portion thereof. (4) Should it become necessary at any time subsequent to completion to the construction of the Trail for the Grantee to enter the Grantor’s Premises for the purpose of maintaining, repairing, operation, or altering the Trail in any way, the Grantee shall, after each entry upon the Premises, leave the Premises substantially in the same condition that it was in prior to such entry to the full extent reasonably practicable. If any repair or replacement activities become necessary as a result of the acts, omissions, or negligence of the owner or owners of the Premises or any of their tenants, or any of such persons’ respective agents, employees, licensees, or invitees, then such owner or owners shall be responsible for promptly performing, at their sole cost and expenses, all necessary repairs, and, if they fail to do so, the Grantee (or its successors or assigns, as applicable) shall be entitled to do so and to recover all reasonable costs therefore from the owner or owners (jointly and severally) of the Premises. (5) The Easement is further made subject to all validly existing easements, rights-of- way, conditions, restrictions, covenants, or outstanding mineral or royalty interests or reservations, of record, if any, in Guadalupe County, Texas as of the date hereof. (6) The Grantee may exercise its rights hereunder directly by its employees or by its contractors or any duly authorized agent. (7) Grantor further grants Grantee, during the initial construction of the trail, the temporary right to use a temporary work area (“Construction Easement”) across, along, under, over, upon, and through that certain tract of land located adjacent to the Easement, as more particularly described in Exhibit “B” attached hereto. TO HAVE AND TO HOLD said Easement together with all and singular the rights and appurtenances thereto anywise belonging unto the Grantee, its successors and assigns; and the Grantor does hereby bind itself, its successors and assigns, to specifically warrant and forever defend the Easement unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the Grantor, but not otherwise, subject, however, to the matters set forth herein. - 3 - Executed to be effective as of __________ __, 2024 (the “Effective Date”). [signatures and acknowledgements on the following pages] - 4 - This instrument has been executed as of the dates of the acknowledgments to be effective as of the Effective Date. GRANTOR: ___________________________ By: Name: Title: THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of ________________, 2024 by ___________________, as _______________ of ___________________________________, on behalf of such ___________. (SEAL) Notary Public in and for The State of _________ My Commission Expires: - 5 - GRANTEE: CITY OF SCHERTZ Steve Williams City Manager, City of Schertz THE STATE OF TEXAS § § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ____ day of _________, 2024 by Steve Williams, as City Manager of the City of Schertz, on behalf of such City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: A-1 EXHIBIT A Trail Easement February 23, 2024 Job No. 23-209-S Exhibit “A” Page 1 of 2 DESCRIPTION OF A 30 FEET WIDE ACCESS EASEMENT BEING A 1.07-ACRE (46,438.22 SQUARE-FOOT) TRACT OF LAND SITUATED IN THE RAFAEL GARZA SURVEY, ABSTRACT NO. 138, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS, AND BEING OUT OF LOT 77, BLOCK 1 AS DEPICTED ON THE FINAL PLAT OF RIATA UNIT 3B, RECORDED IN VOLUME 7, PAGE 709, MAP AND PLAT RECORDS OF GUADALUPE COUNTY, TEXAS (M.P.R.G.C.T.). SAID 1.07-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FOR REFERENCE Page | 2 February 23, 2024 Job No. 23-209-S Exhibit “A” DESCRIPTION OF A 30 FEET WIDE ACCESS EASEMENT (CONT.) THENCE South 01° 12’ 04” West, a distance of 169.09 feet to a ½-inch iron rod with cap set for a corner of the herein described tract; THENCE South 22° 44’ 37” West, a distance of 82.47 feet to a ½-inch iron rod with cap set for a corner of the herein described tract, and being located in the most southerly south line of said Lot 77, same being the most westerly northwest line of Riata Unit 4A as depicted on the Final Plat recorded in Volume 8, Page 156, Page | 3 February 23, 2024 Job No. 23-209-S Exhibit “A” DESCRIPTION OF A 30 FEET WIDE ACCESS EASEMENT (CONT.) THENCE A-2 EXHIBIT B Easement Exhibit Plat Agenda No. 7. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Parks, Recreation & Community Servic Subject:Resolution 24-R-55 - Authorizing the acceptance of a property donation, generally 0.43 acres located on the northwest side of FM 1518 at the intersection of FM 1518 and Commercial Place (S.Gonzalez/L.Shrum) BACKGROUND The City was contacted by the owner of an approximately 0.43-acre property located on the northwest side of FM 1518, at the intersection of FM 1518 and Commercial Place, about wanting to donate the property to the City. The property has a structure on it that is out of compliance and there is an open code enforcement case on the property currently. The owner does not want to remediate the issues on the property and would prefer to donate it to the city. The property is zoned GB-2 (General Business II) but is encumbered by regulatory floodway and floodplain. City staff have done due diligence and received estimates on remediating the property. Lead Testing on Paint - $2,000 to $3,000 Demolish the structure - $10,000. Remove Concrete Pad after demolition - $5,000. (optional) Total Estimate = $18,000 The assessed value of the property is $88,610. The property is along the Cibolo Creek Trail corridor, which is a strategic area where future trails are planned to interconnect with the other bordering cities' trail systems. Thus, city staff recommends accepting the donation, remediating the property, and holding the property as open space pending future development of the Cibolo Creek Trail system. Additionally, the Schertz Parks & Recreation Advisory Board recommended the acceptance of the property at their September 25, 2023 meeting. GOAL Approve Resolution 24-R-55 to accept the property donation. COMMUNITY BENEFIT The property is along the Cibolo Creek Trail corridor, which is a strategic area where future trails are planned to interconnect with the other bordering cities' trail systems. The top need listed in the Parks & Recreation Master Plan is more hike and bike trails and city staff is working on acquring more linkages for future trails. SUMMARY OF RECOMMENDED ACTION Approve Resolution 24-R-55 to accept the property donation. FISCAL IMPACT The cost to remediate the property is estimated at $18,000 and will be paid for out of the Parks General The cost to remediate the property is estimated at $18,000 and will be paid for out of the Parks General Fund budget. This item was not budgeted, but we are shifting some minor priorities in order to capitalize on this opportunity. RECOMMENDATION Approve Resolution 24-R-55. Attachments Resolution 24-R-55 RESOLUTION NO. 24-R-55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF A PROPERTY DONATION, GENERALLY 0.43 ACRES LOCATED ON THE NORTHWEST SIDE OF FM 1518 AT THE INTERSECTION OF FM 1518 AND COMMERCIAL PLACE. WHEREAS, the owner of the property located on the northwest side of FM 1518 at the intersection of FM 1518 and Commercial Place has offered to donate the property to the City of Schertz; and WHEREAS, the approximately 0.43-acre property, zoned GB-2 is located in the City of Schertz; and WHEREAS, the growth of the City of Schertz causes the city to need additional land to provide needed services and amenities in the City; and WHEREAS, the City Staff has begun reviewing background information on the property, including conducting a site visit; and WHEREAS, City Staff believe the property could be of use for parkland and open space on the Cibolo Creek Trail corridor; and WHEREAS, the Schertz Parks & Recreation Advisory Board recommended the acceptance of the property at their September 25, 2023 meeting; and WHEREAS, City Staff are recommending the City accept the donation of this property. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute the necessary documents to accept the property as depicted 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 _____ day of __________________, 2024. CITY OF SCHERTZ, TEXAS Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (CITY SEAL) Exhibit A – Property Description :1909 E FM 1518 N Land Donation U U U U !P AE AE X500 X500 AE 20" W L 20" W L 8" W L 8" W L 16 " W L 1 2 " W L 8"PV C S D R 3 5 COMM E R C I A L P L A C E E F M 1 5 1 8 N Maxar, Microsoft Highways Major Roads Minor Roads Freeway Principal Arterial Planned Principal Arterial Secondary Arterial Planned Secondary Arterial Secondary Rural Arterial Planned Secondary Rural Arterial Residential Collector Planned Residential Collector Planned Commercial Collector B Commercial Collector A Planned Commercial Collector A 1" 2" 3" 4" 6" 8" 10" 12" 16" 18" 20" 24" 30" 36" Unknown Schertz Gravity Schertz Pressure Neighboring Gravity Private Pressure U Hydrant !P Manholes [Ú CCMA Lift Station [Ú Private Lift Station [Ú Schertz Lift Station 3Q CCMA Treatment Plant 3Q Schertz Treatment Plant County Boundaries Schertz Municipal Boundary ETJ 0 60 120 18030 Feet Abridged Flood Zones Floodway 1% Annual Chance Flood Hazard 0.2% Annual Chance Flood Hazard Agenda No. 8. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Police Department Subject: Resolution 24-R-57 - Approving an amendment to the interlocal agreement (ILA) between the Lower Colorado River Authority (LCRA) and the City of Schertz (S.Williams/J.Lowery). BACKGROUND The current ILA between the LCRA and the City of Schertz was effective June 1, 2012, and the term of said ILA expires May 31, 2024. We wish to continue working with LCRA and utilize their 700MHz/800MHz trunked radio systems, which provide statewide interconnectivity and is a key communication link between public safety entities through the Central Texas Region. This amendment will extend the term of the agreement. GOAL Amend the LCRA ILA issued June 12, 2014, which expires May 31, 2024. COMMUNITY BENEFIT Ensures all aspects of public safety and city services maintain radio communication. SUMMARY OF RECOMMENDED ACTION The ILA between the LCRA and the City of Schertz will expire May 31, 2024, and we need to secure 700Mhz/800MHz trunked radio communications for continued 24/7/365 operational periods for public safety that has state interoperability; therefore, we need to extend the current ILA term. RECOMMENDATION Approve Resolution 24-R-57. Attachments Resolution 24-R-57 with attachments RESOLUTION NO. 24-R-57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND THE CURRENT INTERLOCAL COOPERATION AGREEMENT (ILA) BETWEEN THE LOWER COLORADO RIVER AUTHORITY (“LCRA”) AND THE CITY OF SCHERTZ TEXAS (“SCHERTZ”) FOR DEPLOYING AND MAINTAINING RADIO COMMUNICATIONS FOR PUBLIC SAFETY OPERATIONS. WHEREAS, The City of Schertz seeks to work cooperatively with LCRA for communications equipment, facilities, and technical services required for the installation and operation of 700MHZ/800MHz radio equipment; and WHEREAS, LCRA is authorized by law to own, operate and maintain electric generation and transmission facilities for the benefit of its customers and the general public. LCRA’s electric system includes a communications network, including a regional, trunked radio system, which has been installed for LCRA’s use along transmission line right-of-way and elsewhere around the State for purposed of operating the electric system, for public safety, and for community development; and WHEREAS, Schertz is authorized by law to provide law enforcement, fire protections, and emergency services for its citizens; and WHEREAS, the ILA provides for LCRA to assist Schertz with deploying and maintaining radio communications for public safety operations, response to catastrophic or large-scale incidents or natural disasters, and radio communications support for local emergency and other public services; and WHEREAS, the Schertz and LCRA are authorized to enter into such an arrangement by Chapter 791 of the Texas Government Code, commonly referred to as the Interlocal Cooperation Act, and more particularly Section 791.025, Texas Government Code; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend and extend Interlocal Cooperation Agreement dated July 1, 2012, for deploying and maintaining radio communications for public safety operations with LCRA, pursuant to the ILA amendment attached hereto as Exhibit A (the “supporting documentation”). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to amend and extend the Interlocal Cooperation Agreement with LCRA. 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 _______, 2024. CITY OF SCHERTZ, TEXAS ________________________________ Ralph Gutierrez, Mayor ATTEST: _______________________________ Sheila Edmondson, City Secretary EXHIBIT A AGREEMENT AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT FOR MOBILE RADIO SERVICES AND EQUIPMENT BETWEEN CITY OF SCHERTZ AND LOWER COLORADO RIVER AUTHORITY This Amendment to Interlocal Cooperation Agreement (this “Amendment”) is entered into by and between the Lower Colorado River Authority (“LCRA”), a conservation and reclamation district of the State of Texas created pursuant to Article XVI, Section 59, of the Texas Constitution, and the City of Schertz, Texas (“USER”), a home rule municipality and a political subdivision of the State of Texas, as of April 29, 2024. LCRA and USER may also be referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS: A.LCRA and USER have heretofore entered into that certain Interlocal Cooperation Agreement dated as of July 1, 2012 (the “Agreement”), pursuant to which LCRA agreed to provide communications equipment, facilities, and technical services required for the installation and operation, of 700/800 MHz radio equipment to assist USER with deploying and maintaining radio communications for public safety operations, response to catastrophic or large scale incidents or natural disasters, and radio communications coordination support for local emergency and other public services. Capitalized terms used but not otherwise defined herein shall have the respective meanings given to them in the Agreement. B.LCRA and USER desire to extend the term of the Agreement pursuant to the terms of this Amendment. AGREEMENT: NOW THEREFORE, in consideration of the mutual benefits received by both Parties under the terms of the Agreement and this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.A new Section 7.4 of the Agreement is hereby added: “7.4 The extended term of this Agreement shall commence on June 1, 2024 and shall terminate on May 31, 2027 (the “Extended Term”), unless automatically further extended as provided below. This Agreement shall automatically extend past the Extended Term under the terms and conditions, rates, and charges then in effect for successive one (1) year periods provided that either Party may terminate this Agreement by giving to the other Party written notice at least thirty (30) days prior to the end of any one (1) year extension; and, provided further, that this Agreement shall terminate automatically if the frequency authorization(s) (which may be held by LCRA) under which USER then presently operates is (are) terminated or are revoked by the FCC or otherwise.” 2.Except as is expressly established and amended by this Amendment, all other terms and provisions of the Agreement shall remain in full force and effect. 3.This Amendment may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original, but all such counterparts taken together shall constitute but one agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf" format data file, such signature shall create a valid a binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature page were an original thereof. The Parties have caused their authorized officers or representatives to execute this Amendment as of the date first set forth above. LOWER COLORADO RIVER AUTHORITY By: Name: Title: CITY OF SCHERTZ, TEXAS By: Name: Title: City Manager – City of Schertz ATTACHMENT A (LCRA Interlocal Cooperation Agreement Signed June 1, 2012) LOWER COLORADO RIVER AUTHORITY Date:� -6-/ �012 CITY OF SCHERTZ, TEXAS By:� 0 Date:�, 2012 City Manager -Schertz Jnterlocal Agreement Between Schertz and LCRA Page8 Agenda No. 9. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Planning & Community Development Subject: Ordinance 24-S-18 - Approve a request to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), known as Bexar County Property Identification Number 308385, also known as 12396 Schaefer Road, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) BACKGROUND The applicant is requesting to rezone approximately 1.8 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home. On March 20, 2024, ten (10) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, seven (7) responses in favor, zero (0) responses neutral, and zero (o) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024. GOAL The proposed zone change is for approximately 1.8 acres of land to Single-Family Residential/ Agricultural District (R-A). The applicant wished to rezone their property to be able to pull future permits for their home. 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 To the north of the property, there are single-family homes within the City of Schertz Extraterritorial Jurisdiction (ETJ). To the east and south, the property is Pre-Development District (PRE) and is used for agriculture and is undeveloped. To the west of the property is Right-of-Way, also known as Schaefer Road. When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below. 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; The proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan.The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5. The intention of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single-family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation. 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; As part of promoting health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7.A of the Unified Development Code, are compatible with what is in the surrounding area. Table 21.5.7.A Dimensional Requirements Residential Zoning Districts Minimum Lot Size Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq.Ft Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Max Height Ft. Max Impervious Coverage R-A Single-Family Residential/ Agricultural 21, 780 --25 25-25 2 35 50% 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utlities to the area; The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90-foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector. The subject property is currently serviced by the City of Schertz for water. The property currently has an on-site septic system. A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation. The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services. 5. Whether there have been environmental and/or economical changes which warrant the requested change; When the property was annexed, the property was established as Pre-Development District (PRE). The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required. 6. Whether there is an error in the original zoning of the property for which a change is requested;There was no error in the original zoning of the property. The property has been Pre-Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, All back taxes have been paid in full. 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. RECOMMENDATION The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of Ordinance 24-S-18. The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote. The Schertz City Council met on May 7, 2024, and approved Ordinance 24-S-18 as presented with a 6-0 vote. Attachments Ordinance 24-S-18 with attachments CC Presentation Slides Aerial Exhibit Public Hearing Notice Map Public Hearing Responses Zoning Exhibit SCUCISD 10 Year Campus Forecasting SCUCISD Demographic Report 200' Notification Protest Map ORDINANCE NO. 24-S-18 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.8 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO SINGLE-FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R-A), KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308385, MORE SPECIFICALLY KNOWN AS 12396 SCHAEFER ROAD, SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 1.8 acres of land from Pre- Development District (PRE) to Single-Family Residential/ Agricultural (R-A), known as Bexar County Property Identification Number 308385, more specifically described as 12396 Schaefer Road, and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the “Property”) has been filed with the City; and WHEREAS, the City’s Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone chang e (the “Criteria”); and WHEREAS, on April 3, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval; and WHEREAS, on May 7, 2024, 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. NOW THEREFORE, BE IT RESOLVED 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 Single-Family Residential/ Agricultural District (R-A) 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 mat ters 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. PASSED ON FIRST READING, the ________ of ___________2024. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ of __________, 2024. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Property Description- Metes and Bounds Exhibit “B” Zone Change Exhibit Ordinance 24-S-18 Zone Change from Pre-Development to Single-Family Residential/ Agricultural District (R-A) Schaefer Rd (1.8 acres) Daisy Marquez| Planner 12396 Schaefer Road Existing Single-Family Home Existing Zoning: Pre-Development (PRE) Proposed Zoning: Single-Family Residential/ Agricultural (R-A) 2 3 Existing ZoningLand Use NorthExtraterritorial Jurisdiction (ETJ) City of Schertz Single Family SouthPre-Development District (PRE)Undeveloped EastPre-Development (PRE)Undeveloped WestRight-of-Way Schaefer Road •March 20, 2024 a total of 10 Public Hearing Notices were sent out. •Responses Received: 0 – Opposition, 7-In Favor 0-Neutral •1 sign was posted on the property. •April 3, 2024 Planning and Zoning Commission held a public hearing. •May 7, 2024, City Council held a public hearing. •Posted in the “San Antonio Express” on April 10, 2024. 4 Proposed Zone Change •UDC Section 21.5.4 states that a Zone Change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable, and desirable development. •The proposed zone change to Single-Family Residential/ Agricultural District (R-A) per the letter of intent, is for the applicant to pull future building permits. 5 UDC SECTION 21.5.4.D Criteria for Approval 1.Whether the proposed zone change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map. •The proposed Single-Family Residential/ Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. •The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. •The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designations as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties include single family homes and some agricultural uses that are within the City of Schertz Extraterritorial Jurisdiction (ETJ), with some still maintaining Pre-Development District (PRE) since their annexation. 6 UDC SECTION 21.5.4.D Criteria for Approval 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City. •As part of promoting health, safety and general welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. •The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7A of the Unified Development Code, are compatible with what is in the surrounding area. 7 UDC SECTION 21.5.4.D Criteria for Approval 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; •Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; •The entry point for the subject property is on Schaefer Road. Schaefer Road is a Secondary Arterial with a 90 -foot Right-of-Way. To the south of the subject property, Raf Burnette is a Planned Secondary Arterial with a 90-foot Right-of-Way and is also known as the planned East & West Connector. The subject property is currently serviced by the City of Schertz for water. •A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10 -Year Campus Forecasting Presentation. •The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezo ning requests or their ability to provide services. 8 UDC SECTION 21.5.4.D Criteria for Approval 5. Whether there have been environmental and/or economical changes which warrant the requested change; •When the property was annexed, the property was established as Pre-Development District (PRE).The intent of the Pre-Development District (PRE) is to be a temporary designation for existing uses or newly annexed properties. The applicant would like to pull building permits for their home and since Pre-Development District (PRE) is simply a placeholder, a zone change is required. •6. Whether there is an error in the original zoning of the property for which the change is requested; •There was no error in the original zoning of the property. The property has been Pre -Development District (PRE) since it was annexed into the City of Schertz in 2011 with Ordinance 11-A-22. Pre-Development District (PRE) is a placeholder and this property along with others in t his area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant’s back taxes owed to the City have been paid in full; •All back taxes owed have been paid to the City. 9 UDC SECTION 21.5.4.D Criteria for Approval 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. •Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. 10 Recommendation Staff Recommendation The proposed zone change to Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of Ordinance 24-S-18. Planning and Zoning Commission The Planning and Zoning Commission met on April 4, 2024 and made a recommendation of approval with a 6 -0 vote. City Council The Schertz City Council met on May 7, 2024, and approved Ordinance 24-S-18 with a 6-0 vote. 11 COMMENTS AND QUESTIONS 12 FORECASTING CONSIDERATIONS • • • • • • 13,540 14,056 14,586 15,081 15,465 15,615 15,768 15,972 15,673 15,890 15,521 15,146 14,864 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S DISTRICT ENROLLMENT HISTORICAL ENROLLMENT 1.0% growth per year (153 students per year) 1.3% loss per year (-195 students per year) 3.4% growth per year (481 students per year) HISTORICAL ENROLLMENT BY CAMPUS LEVEL 5,261 5,446 5,512 5,716 5,783 5,811 5,899 5,547 5,596 5,406 5,110 4,895 2,125 2,211 2,326 2,253 2,252 2,344 2,445 2,375 2,345 2,200 2,176 2,226 2,210 2,211 2,341 2,421 2,453 2,403 2,363 2,467 2,605 2,536 2,442 2,324 4,460 4,718 4,902 5,075 5,127 5,210 5,265 5,284 5,344 5,379 5,418 5,419 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S CAMPUS LEVEL ENROLLMENT Elementary Intermediate Junior High High School ENROLLMENT HISTORY BY LEVEL –OCTOBER • • • • • • • STUDENT TRANSFERS PEIMS YEAR TRANSFER IN TRANSFER OUT DIFFERENCE 2012 216 681 -465 2013 212 704 -492 2014 244 647 -403 2015 302 702 -400 2016 297 907 -610 2017 290 1061 -771 2018 304 1079 -775 2019 296 1283 -987 2020 300 1591 -1291 2021 317 1981 -1664 2022 308 2695 -2387 2023 Data available in March First Year of Founders Charter School First Year of School of Science and Technology First Year of Legacy Traditional School STUDENT TRANSFERS IN VS. OUT 216 212 244 302 297 290 304 296 300 317 308 681 704 647 702 907 1,061 1,079 1,283 1,591 1,981 2,695 0 500 1,000 1,500 2,000 2,500 3,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 # O F S T U D E N T S STUDENT TRANSFERS IN vs OUT TRANSFER IN TRANSFER OUT School of Science and Technology Pre-K –8th Grade Legacy Traditional Pre-K –8th Grade Founders Academy K –12th Grade MAIN DESTINATIONS FOR TRANSFERS OUT 444 472 551 529 504 272 328 356 365 414 34 43 119 159 192 16 24 71 285 367 52 106 229 0 463 0 100 200 300 400 500 600 2018 2019 2020 2021 2022 2023 # O F S T U D E N T S TRANSFER DESTINATIONS Randolph ISD Founders Academy Great Hearts School of Science and Technology Judson ISD Legacy Traditional SO, HOW MANY STUDENTS WILL WE HAVE IN THE FUTURE? 14,056 15,081 15,615 15,972 15,890 15,146 14,661 14,217 14,007 14,036 14,162 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 # O F S T U D E N T S DISTRICT HISTORICAL ENROLLMENT AND PROJECTIONS ENROLLMENT PROJECTIONS o o o o PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.42% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.44% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% ENROLLMENT PROJECTIONS o o o WHY HAS IT BECOME SO HARD TO PROJECT ENROLLMENT? o o o o o o FORECASTING CONSIDERATIONS • • • • •CAMPUS CAPACITY UNDERSTANDING CAMPUS CAPACITY o o o o o o o o o PLANNING USING OUR MAXIMUM CAPACITY o CAPACITY RELIEF TOOLS o o o o o o o o o ELEMENTARY CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CIBOLO VALLEY EL 891 1,200 761 657 611 587 589 594 594 608 617 620 627 637 % Max Capacity 63%55%51%49%49%49%49%51%51%52%52%53% GREEN VALLEY EL 673 924 586 533 497 482 469 497 506 524 535 537 535 529 % Max Capacity 63%58%54%52%51%54%55%57%58%58%58%57% NORMA PASCHAL EL 673 924 603 625 591 582 564 544 546 559 569 574 580 585 % Max Capacity 65%68%64%63%61%59%59%60%62%62%63%63% ROSE GARDEN EL 891 1,200 899 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 % Max Capacity 75%75%74%73%74%77%80%83%87%90%92%94% SCHERTZ EL 675 1,102 671 668 628 605 601 576 581 588 591 586 582 582 % Max Capacity 61%61%57%55%55%52%53%53%54%53%53%53% SIPPEL EL 675 1,058 742 672 679 690 721 756 782 827 867 904 961 1,030 % Max Capacity 70%64%64%65%68%71%74%78%82%85%91%97% WATTS EL 673 924 593 513 469 440 428 423 428 446 457 463 476 490 % Max Capacity 64%56%51%48%46%46%46%48%49%50%52%53% WIEDERSTEIN EL 675 1,058 551 546 538 544 527 517 529 549 568 574 587 602 % Max Capacity 52%52%51%51%50%49%50%52%54%54%55%57% ELEMENTARY TOTALS 5,826 8,390 5,406 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 % Max Capacity 64%61%58%57%57%58%59%61%63%64%65%67% Elementary Percent Change -3.40%-5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -190 -296 -215 -87 -18 40 92 177 151 85 117 134 ELEMENTARY CAPACITIES 90% 92%94% 91% 97% 67% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CIBOLO VALLEY EL GREEN VALLEY EL NORMA PASCHAL EL ROSE GARDEN EL SCHERTZ EL SIPPEL EL WATTS EL WIEDERSTEIN EL ELEMENTARY TOTALS INTERMEDIATE CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 JORDAN INT 810 1,000 716 769 796 763 777 742 676 646 641 695 734 739 % Max Capacity 72%77%80%76%78%74%68%65%64%70%73%74% SCHLATHER INT 810 1,200 750 682 700 689 640 573 563 594 597 651 682 677 % Max Capacity 63%57%58%57%53%48%47%50%50%54%57%56% WILDER INT 810 1,250 734 725 730 743 748 739 683 627 616 654 681 685 % Max Capacity 59%58%58%59%60%59%55%50%49%52%54%55% INTERMEDIATE TOTALS 3,450 2,201 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 % Max Capacity 64%63%65%64%63%60%56%54%54%58%61%61% Intermediate Percent Change -6.13%-1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -144 -24 50 -31 -30 -111 -132 -55 -13 146 97 4 INTERMEDIATE CAPACITIES 74% 61% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY JORDAN INT SCHLATHER INT WILDER INT INTERMEDIATE TOTALS JUNIOR HIGH CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 DOBIE JH 1,300 1,540 1,348 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 % Max Capacity 88%85%80%78%80%78%75%69%66%67%67%72% CORBETT JH 1,080 1,500 1,188 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 % Max Capacity 79%75%73%73%74%74%74%72%67%62%62%66% JUNIOR HIGH SCHOOL TOTALS 3,040 2,537 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 % Max Capacity 83%80%76%75%77%76%75%70%66%65%64%69% Junior High School Percent Change -2.62%-3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -68 -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 JUNIOR HIGH CAPACITIES 72% 66% 69% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY DOBIE JH CORBETT JH JUNIOR HIGH SCHOOL TOTALS HIGH SCHOOL CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CLEMENS HS 2,700 3,300 2,544 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 % Max Capacity 77%78%78%77%75%73%73%73%73%72%69%66% STEELE HS 2,160 3,200 2,716 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 % Max Capacity 85%84%84%83%79%77%75%73%73%69%66%64% HIGH SCHOOL TOTALS 6,650 5,381 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 % Max Capacity 81%81%81%81%78%76%75%74%74%71%69%66% High School Percent Change 0.69%0.71%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 37 38 1 -52 -204 -137 -64 -63 3 -163 -180 -183 HIGH SCHOOL CAPACITIES 66% 64% 66% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CLEMENS HS STEELE HS HIGH SCHOOL TOTALS FORECASTING CONSIDERATIONS • • • • • •BONDING CAPACITY PROJECTING BONDING CAPACITY -SCUC o PROJECTING TAX REVENUE o ASSUMES NO REFINANCING FOR BOND SAVINGS o DEFEASING PRINCIPAL o MODEST PROPERTY VALUE GROWTH o 4.0% ANNUAL INCREASE FOR 2024-2028 o 2.0% ANNUAL INCREASE FOR 2029-2033 o AS DEBT IS RESTRUCTURED AND PROPERTY VALUES INCREASE, WE BEGIN TO HAVE SOME BONDING CAPACITY o CAPACITY FOR ADDITIONAL DEBT IS LOWER AT FIRST, MORE IN LATER YEARS o FORECASTING USING THREE OPTIONS FOR I&S TAX RATE o $0.47 PER $100 OF VALUATION (C URRENT), $0.48 PER $100 VALUATION, AND $0.49 PER $100 VALUATION PROJECTED AVAILABLE BOND DOLLARS $215 $246 $278 $312 $347 $362 $380 $399 $419 $438 $284 $316 $351 $388 $426 $442 $463 $483 $505 $526 $- $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 $550 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BO N D C A P A C I T Y I N M I L L I O N S SCUC Bond Capacity by Year & Rate Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTING FACILITY COSTS -SCUC o o o o o o o o o o o PROJECTING FACILITY COSTS -SCUC YEAR High School Junior High Elementary/ Intermediate 2024 $ 235,000,000 $ 113,000,000 $ 72,000,000 2025-P $ 242,050,000 $ 116,390,000 $ 74,160,000 2026-P $ 246,891,000 $ 118,717,800 $ 75,643,200 2027-P $ 251,828,820 $ 121,092,156 $ 77,156,064 2028-P $ 256,865,396 $ 123,513,999 $ 78,699,185 2029-P $ 262,002,704 $ 125,984,279 $ 80,273,169 2030-P $ 267,242,758 $ 128,503,965 $ 81,878,632 2031-P $ 272,587,614 $ 131,074,044 $ 83,516,205 2032-P $ 278,039,366 $ 133,695,525 $ 85,186,529 2033-P $ 283,600,153 $ 136,369,435 $ 86,890,260 2034-P $ 289,272,156 $ 139,096,824 $ 88,628,065 PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ Estimated $41 M in HVAC needs over the next 10 years Estimated $9 M in Ancillary Systems needs over the next 10 years Estimated $40 M in Building and Site needs over the next 10 years TAKE AWAYS…. o o o o o o o o o QUESTIONS/COMMENTS 3Q23 Demographic Report 3.3 3.4 3.5 3.7 3.4 3.3 3.5 3.6 3.8 3.6 3 3.2 3.4 3.6 3.8 4 Guadalupe Co. Comal Co. San Antonio MSA Texas US Unemployment Rate, Year Over Year Oct-23 Oct-22 3 Local Economic Conditions 3 12.6 3.6 3.5 3.8 0 2 4 6 8 10 12 14 Unemployment Rate, Sept 2019 –Oct 2023 San Antonio MSA Texas © 2022 Zonda 13,557 19,033 0 2,500 5,000 7,500 10,000 12,500 15,000 17,500 20,000 22,500 25,000 2013Q3 2014Q3 2015Q3 2016Q3 2017Q3 2018Q3 2019Q3 2020Q3 2021Q3 2022Q3 2023Q3 Annual Housing Starts vs. Annual Closings Annual Housing Starts Annual Closings San Antonio New Home Starts & Closings Key Trends Starts: -40% YOY / -1% QOQ Closings: +10% YOY / -1% QOQ Closings Exceed Starts by 5,500 Homes 5 Housing Market Trends: Multi-family Market-Oct. 2023 6 San Antonio New Home Ranking Report ISD Ranked by Annual Closings –3Q23 * Based on additional housing research by Zonda Education Rank District Name Annual Starts Annual Closings Inventory VDL Future 1 NORTHSIDE ISD 2,762 4,009 2,287 7,237 24,003 2 COMAL ISD 1,960 2,971 1,982 4,390 22,269 3 EAST CENTRAL ISD 1,469 2,282 1,036 4,414 26,268 4 MEDINA VALLEY ISD 1,859 2,139 1,351 4,375 25,751 5 JUDSON ISD 783 1,322 583 774 1,228 6 SOUTHWEST ISD 890 1,106 673 2,704 9,156 7 SCHERTZ-CIBOLO-U CITY ISD 593 1,060 550 1,819 6,914 8 NEW BRAUNFELS ISD 510 762 406 1,203 6,767 9 NAVARRO ISD 636 692 458 1,457 4,461 10 BOERNE ISD 569 623 534 1,263 10,547 11 SEGUIN ISD 327 471 253 681 5,280 12 NORTH EAST ISD 368 463 223 701 5,711 13 SOUTHSIDE ISD 419 460 327 1,082 10,948 14 SAN ANTONIO ISD 94 240 166 347 794 15 SOUTH SAN ANTONIO ISD 129 219 137 250 539 16 LYTLE ISD 51 73 35 157 1,306 17 HARLANDALE ISD 5 41 0 14 43 18 ALAMO HEIGHTS ISD 27 33 58 20 19 19 EDGEWOOD ISD 0 28 0 0 42 20 MARION ISD 62 24 62 283 4,388 0 200 400 600 800 1,000 1,200 1,400 2017 2018 2019 2020 2021 2022 2023 Annual Starts Annual Closings 7 District New Home Starts and Closings by Quarter Starts 2017 2018 2019 2020 2021 2022 2023 Closings 2017 2018 2019 2020 2021 2022 2023 1Q 196 175 201 237 294 349 103 1Q 194 133 138 165 190 181 280 2Q 168 180 176 197 300 393 186 2Q 172 185 211 249 258 227 247 3Q 167 177 207 261 265 174 241 3Q 179 185 240 286 268 218 199 4Q 172 185 198 232 319 63 4Q 148 161 179 213 196 334 Total 703 717 782 927 1,178 979 530 Total 693 664 768 913 912 960 726 8 District Housing Overview by Elementary Zone Highest activity in the category Second highest activity in the category Third highest activity in the category Elementary Annual Starts Quarter Starts Annual Closings Quarter Closings Under Const.Inventory Vacant Dev. Lots Future CIBOLO VALLEY 73 22 58 23 39 77 168 430 GREEN VALLEY 0 0 0 0 0 0 0 0 PASCHAL 1 0 3 1 0 1 45 242 ROSE GARDEN 146 44 307 41 94 147 590 3,017 SCHERTZ 32 6 103 12 15 24 0 60 SIPPEL 80 42 130 33 46 90 639 1,743 WATTS 61 26 152 25 24 68 76 580 WIEDERSTEIN 200 101 307 64 96 143 301 842 Grand Total 593 241 1,060 199 314 550 1,819 6,914 District Housing Overview •The district has 24 actively building subdivisions •Within SCUCISD there are 8 future subdivisions •Of these, groundwork is underway on 1,068 lots within 8 subdivisions 9 District Multi-Family Overview 10 •The district has over 550 multi-family units under construction across the district •Within SCUCISD there are over 2,100 future multi-family units in the planning stages Multi-Family Developments MF Under construction Future Multi-Family Residential Activity 11 Cibolo Ridge •348 total future lots •Groundwork underway for Unit 1 (145 lots) •Anticipate homebuilding begin late 2023 –early 2024 •Lennar Legendary Trails •361 total lots •141 future lots •60 vacant developed lots •13 homes under construction •124 occupied homes •Closed 44 homes in last 12 months •Groundwork underway on remaining lots •$330K+ •Current Student Yield = 0.605 Residential Activity 12 Saddlebrook Ranch •636 total future lots •Groundwork underway for 177 lots in Units 1, 2 & 4 •Anticipate homebuilding begin early 2024 •Ashton Woods Multi-Family Yield 13 •Within SCUCISD there are currently 287 students residing in 1,920 multi-family units •The district average multi-family yield is 0.149 < 0.25 0.25 –0.50 0.50 –0.75 > 0.75 14 Student Yield by Housing Type Single Family Yield 0.469 Multi-Family Yield 0.149 0.489 0.469 0.132 0.149 0 0.1 0.2 0.3 0.4 0.5 0.6 2022/23 2023/24 SCUCISD Student Yeild by Housing Type Single Family Yield Mutli-Family Yeild Student Density 15 SCUCISD currently has 308 residing out of district This represents roughly 2% of total SCUCISD students 6,124 students, or roughly 40.4% of the district population resides within Schertz city limits 6,372 students, or roughly 42% of the district population resides in Cibolo city limits 687 students, or roughly 4.5% of the district population resided in Universal City city limits 1,665 students roughly 11.1% reside in the unincorporated area of the district 16 Yellow box = largest grade per year Green box = second largest grade per year Ten Year Forecast by Grade Level Year (Oct.)EE/PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Total Total Growth % Growth 2019/20 413 1,048 1,036 1,093 1,125 1,184 1,211 1,234 1,183 1,180 1,419 1,340 1,282 1,224 15,972 154 1.0% 2020/21 325 951 1,019 1,040 1,077 1,135 1,143 1,232 1,248 1,219 1,293 1,394 1,305 1,292 15,673 -299 -1.9% 2021/22 455 935 997 1,019 1,074 1,116 1,124 1,221 1,287 1,318 1,428 1,347 1,305 1,264 15,890 217 1.4% 2022/23 436 819 962 998 1,077 1,114 1,067 1,133 1,230 1,306 1,478 1,371 1,247 1,283 15,521 -369 -2.3% 2023/24 430 788 838 967 997 1,090 1,079 1,097 1,178 1,264 1,435 1,459 1,238 1,286 15,146 -375 -2.4% 2024/25 384 747 849 866 1,006 1,043 1,108 1,118 1,126 1,198 1,413 1,427 1,354 1,225 14,864 -282 -1.9% 2025/26 406 789 795 870 896 1,052 1,061 1,134 1,145 1,145 1,328 1,387 1,321 1,332 14,661 -203 -1.4% 2026/27 443 861 840 816 897 933 1,072 1,093 1,167 1,164 1,269 1,316 1,274 1,306 14,451 -210 -1.4% 2027/28 438 850 918 851 841 932 950 1,104 1,120 1,187 1,294 1,256 1,218 1,258 14,217 -234 -1.6% 2028/29 446 866 907 945 879 879 947 975 1,128 1,138 1,318 1,278 1,161 1,206 14,073 -144 -1.0% 2029/30 456 886 919 941 978 919 893 974 994 1,147 1,265 1,304 1,180 1,151 14,007 -66 -0.5% 2030/31 465 904 940 951 970 1,020 935 919 1,000 1,010 1,277 1,251 1,205 1,170 14,017 10 0.1% 2031/32 477 931 960 973 982 1,012 1,038 962 944 1,017 1,128 1,263 1,156 1,193 14,036 19 0.1% 2032/33 489 954 984 995 1,006 1,025 1,029 1,068 989 960 1,130 1,117 1,167 1,146 14,059 22 0.2% 2033/34 500 976 1,011 1,021 1,028 1,051 1,042 1,059 1,099 999 1,066 1,120 1,034 1,156 14,162 103 0.7% 17 Ten Year Forecast by Elementary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 CIBOLO VALLEY EL 891 1,200 657 611 587 589 594 594 608 617 620 627 637 GREEN VALLEY EL 673 924 533 497 482 469 497 506 524 535 537 535 529 NORMA PASCHAL EL 673 924 625 591 582 564 544 546 559 569 574 580 585 ROSE GARDEN EL 891 1,200 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 SCHERTZ EL 675 1,102 668 628 605 601 576 581 588 591 586 582 582 SIPPEL EL 675 1,058 672 679 690 721 756 782 827 867 904 961 1,030 WATTS EL 673 924 513 469 440 428 423 428 446 457 463 476 490 WIEDERSTEIN EL 675 1,058 546 538 544 527 517 529 549 568 574 587 602 ELEMENTARY TOTALS 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 Elementary Percent Change -5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -296 -215 -87 -18 40 92 177 151 85 117 134 JORDAN INT 810 1,000 769 796 763 777 742 676 646 641 695 734 739 SCHLATHER INT 810 1,200 682 700 689 640 573 563 594 597 651 682 677 WILDER INT 810 1,250 725 730 743 748 739 683 627 616 654 681 685 INTERMEDIATE TOTALS 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 Intermediate Percent Change -1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -24 50 -31 -30 -111 -132 -55 -13 146 97 4 18 Ten Year Forecast by Secondary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 DOBIE JH 1,300 1,540 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 CORBETT JH 1,080 1,500 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 JUNIOR HIGH SCHOOL TOTALS 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 Junior High School Percent Change -3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 CLEMENS HS 2,700 3,300 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 STEELE HS 2,160 3,200 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 ALSELC 155 155 155 155 155 155 155 155 155 155 155 HIGH SCHOOL TOTALS 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 High School Percent Change 0.73%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 39 1 -51 -203 -139 -63 -63 3 -163 -180 -184 DISTRICT TOTALS 15,146 14,864 14,661 14,451 14,217 14,073 14,007 14,017 14,036 14,059 14,162 District Percent Change -2.42%-1.86%-1.37%-1.43%-1.62%-1.01%-0.47%0.07%0.14%0.16%0.73% District Absolute Change -375 -282 -203 -210 -234 -144 -66 10 19 22 103 19 Key Takeaways Enrollment in Schertz Cibolo ISD decreased by -2.4% since 2022/23 Enrollment declines related to Charter expansions and lower Kindergarten enrollments 3rd quarter new home starts bounce back to 241 starts highest in the past year The district has 24 actively building subdivisions with more than 1,800 lots available to build on SCUCISD has 8 future subdivisions with over 6,900 lots in the planning stages Groundwork is underway on more than 1,000 lots across the district Larger graduating classes verses smaller Kindergarten classes leading to decrease in overall enrollment District enrollment near 14,000 students in 2028/29 school year 15,146 14,073 14,162 13,000 13,500 14,000 14,500 15,000 15,500 16,000 16,500 Enrollment Projections C i t y o f S c h e r t z City of S c h e r t z City of S c h e r t z City of S c h e r t z City of S c h e r t z S c h e r t z E T J (3 0 9 7 8 3 ) 1 2 4 1 0 S C H A E F E R R D (3 0 9 7 8 4 ) 1 2 4 2 0 S C H A E F E R R D (3 0 9 7 8 5 ) 1 2 4 4 0 S C H A E F E R R D (30938 7 ) 12391S C H A E F E R R D (30938 8 ) 12395S C H A E F E R R D (30938 9 ) 12399S C H A E F E R R D (30938 6 ) 12387S C H A E F E R R D (3 0 9 3 8 4 ) 1 2 3 7 9 S C H A E F E R R D (3 0 9 3 8 5 ) 1 2 3 8 3 S C H A E F E R R D (1403519)SCHAEFER RD S C H A E F E R R D A U T H O R I T Y L N T E X A S V A L L E Y M O O N L I G H T M E A D O W S D R M A R T I N E Z P A S S F L O R E S L U N A R D RAF BU R N E T T E Project Area 0 100 200 300 40050Feet ² 11 April 2024 @ 4:38 pm Protested Parcel Acerage (%) Opposed Not Opposed (100.00%) (0.00%) Agenda No. 10. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Planning & Community Development Subject: Ordinance 24-S-19- Approving a request to rezone approximately 3 acres of land, from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A), a portion of Bexar County Property Identification Number 308402, also known as 11627 Voges Pass, City of Schertz, Bexar County, Texas. Final Reading (B.James/L.Wood/D.Marquez) BACKGROUND The applicant is requesting to rezone approximately 3 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural District (R-A). The subject property is currently a single-family home with agriculture. On March 20, 2024, seven (7) public hearing notices were mailed to the surrounding property owners within a 200-foot boundary of the subject property. At the time of the staff report, zero (0) responses in favor, zero (1) response neutral, and zero (0) responses in opposition have been received. A public hearing notice was published in the "San Antonio Express" on April 10, 2024. Additionally, one (1) sign was placed on the property. The Planning and Zoning Commission held a public hearing for this item on April 3, 2024. GOAL The proposed zone change is for approximately 3 acres of land to Single-Family Residential/ Agricultural District (R-A). Per the letter of intent submitted with the application, the property owner desires to remodel their existing home. 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 To the north of the property, the property is zoned Pre-Development District (PRE) and is used as a single-family home and agricultural. To the east of the property is Voges Pass. To the west, the property is zoned Manufacturing District-Heavy (M-2) and is currently used for industrial uses. To the south, the property is within the Schertz Extraterritorial Jurisdiction (ETJ) and is used for a single-family home and agriculture. When evaluating zone changes, staff uses criteria listed in UDC Section 21.5.4.D. The criteria are listed below. 1. Whether the proposed zoning change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map; The proposed Single-Family Residential / Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of the Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering appropriateness of housing density factors such as roadway classification and conflicts among land uses should be considered. The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designation as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. The surrounding properties are Pre-Development District (PRE) and the subject property is at the edge of the City of Schertz Extraterritorial Jurisdiction (ETJ). 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City; As part of promoting health, safety, and welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7 of the Unified Development Code, are compatible with what is in the surrounding area. Table 21.5.7.A Dimensional Requirements Residential Zoning Districts Minimum Lot Size Dimensions Minimum Yard Setback (Ft)Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Width Ft. Depth Ft. Front Ft. Side Ft. Rear Ft. Minimum Off-Street Parking Spaces Max Height Ft. Max Impervious Coverage R-A Single-Family Residential/ Agricultural 21,780 --25 25 25 2 35 50% 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; Yes, the uses permitted in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential / Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long as is practical and reasonable with residences a minimum of half-acre in size, and where development is premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. A majority of the surrounding properties are zoned Pre-Development District (PRE) and are used for single family residential and agriculture. Additionally, the southern property line of the subject property is adjacent to the City of Schertz Extraterritorial Jurisdiction. is adjacent to the City of Schertz Extraterritorial Jurisdiction. 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; The existing access point for the property is off of the existing Voges Pass. Voges Pass is a private road and is not maintained by the City of Schertz. The subject property currently uses an on-site septic system and is serviced by the City of Schertz for water. A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10-Year Campus Forecasting Presentation.The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezoning requests or their ability to provide services. 5. Whether there have been environmental and/or economical changes which warrant the requested change; The applicant would like to renovate the existing home and the Pre-Development District (PRE) is a placeholder and requires a zone change for construction, building permits, etc. 6. Whether there is an error in the original zoning of the property for which a change is requested; There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1974 with Ordinance 74-A-24. Pre-Development District (PRE) is a placeholder and this property along with others in the area and around southern Schertz were given Pre-Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant's back taxes owed to the City have been paid in full (no application will receive final approval until all back taxes are paid in full); and, All back taxes owed have been paid in full. 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. RECOMMENDATION The proposed zone change to Single-Family Residential/Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property. Thus, Staff recommends approval of Ordinance 24-S-19. The Planning and Zoning Commission met on April 3, 2024, and made a recommendation of approval with a 6-0 vote. The Schertz City Council met on May 7, 2024, and approved Ordinance 24-S-19 as presented with a 6-0 vote. Attachments Ordinance 24-S-19 with attachments Aerial Exhibit Public Hearing Notice Map Zoning Exhibit SCUCISD 10 Year Campus Forecasting SCUCISD Demographic Report 200' Notification Protest Map City Council Presentation Slides ORDINANCE NO. 24-S-19 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 3 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO SINGLE-FAMILY RESIDENTIAL/ AGRICULTURAL DISTRICT (R-A), KNOWN AS A PORTION OF BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 308402, MORE SPECIFICALLY KNOWN AS 11627 VOGES PASS, SCHERTZ, BEXAR COUNTY, TEXAS. WHEREAS, an application to rezone approximately 3 acres of land from Pre-Development District (PRE) to Single-Family Residential/ Agricultural (R-A), known as a portion of Bexar County Property Identification Number 308402, more specifically described as 11627 Voges Pass, 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 chang e (the “Criteria”); and WHEREAS, on April 3, 2024, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation to City Council of approval; and WHEREAS, on May 7, 2024, 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. NOW THEREFORE, BE IT RESOLVED 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 Single-Family Residential/ Agricultural District (R-A) 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 mat ters 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. PASSED ON FIRST READING, the ________ of ___________2024. PASSED, APPROVED and ADOPTED ON SECOND READING, the _____ of __________, 2024. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: Sheila Edmondson, City Secretary (city seal) Exhibit “A” Property Description- Metes and Bounds/ Survey Exhibit “B” Zone Change Exhibit FORECASTING CONSIDERATIONS • • • • • • 13,540 14,056 14,586 15,081 15,465 15,615 15,768 15,972 15,673 15,890 15,521 15,146 14,864 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S DISTRICT ENROLLMENT HISTORICAL ENROLLMENT 1.0% growth per year (153 students per year) 1.3% loss per year (-195 students per year) 3.4% growth per year (481 students per year) HISTORICAL ENROLLMENT BY CAMPUS LEVEL 5,261 5,446 5,512 5,716 5,783 5,811 5,899 5,547 5,596 5,406 5,110 4,895 2,125 2,211 2,326 2,253 2,252 2,344 2,445 2,375 2,345 2,200 2,176 2,226 2,210 2,211 2,341 2,421 2,453 2,403 2,363 2,467 2,605 2,536 2,442 2,324 4,460 4,718 4,902 5,075 5,127 5,210 5,265 5,284 5,344 5,379 5,418 5,419 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-P # O F S T U D E N T S CAMPUS LEVEL ENROLLMENT Elementary Intermediate Junior High High School ENROLLMENT HISTORY BY LEVEL –OCTOBER • • • • • • • STUDENT TRANSFERS PEIMS YEAR TRANSFER IN TRANSFER OUT DIFFERENCE 2012 216 681 -465 2013 212 704 -492 2014 244 647 -403 2015 302 702 -400 2016 297 907 -610 2017 290 1061 -771 2018 304 1079 -775 2019 296 1283 -987 2020 300 1591 -1291 2021 317 1981 -1664 2022 308 2695 -2387 2023 Data available in March First Year of Founders Charter School First Year of School of Science and Technology First Year of Legacy Traditional School STUDENT TRANSFERS IN VS. OUT 216 212 244 302 297 290 304 296 300 317 308 681 704 647 702 907 1,061 1,079 1,283 1,591 1,981 2,695 0 500 1,000 1,500 2,000 2,500 3,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 # O F S T U D E N T S STUDENT TRANSFERS IN vs OUT TRANSFER IN TRANSFER OUT School of Science and Technology Pre-K –8th Grade Legacy Traditional Pre-K –8th Grade Founders Academy K –12th Grade MAIN DESTINATIONS FOR TRANSFERS OUT 444 472 551 529 504 272 328 356 365 414 34 43 119 159 192 16 24 71 285 367 52 106 229 0 463 0 100 200 300 400 500 600 2018 2019 2020 2021 2022 2023 # O F S T U D E N T S TRANSFER DESTINATIONS Randolph ISD Founders Academy Great Hearts School of Science and Technology Judson ISD Legacy Traditional SO, HOW MANY STUDENTS WILL WE HAVE IN THE FUTURE? 14,056 15,081 15,615 15,972 15,890 15,146 14,661 14,217 14,007 14,036 14,162 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 # O F S T U D E N T S DISTRICT HISTORICAL ENROLLMENT AND PROJECTIONS ENROLLMENT PROJECTIONS o o o o PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.42% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% PEIMS YEAR PROJECTED ENROLLMENT GROWTH (DECLINE) PERCENTAGE CHANGE 2023 15,146 -375 -2.44% 2024-P 14,864 -282 -1.86% 2025-P 14,661 -203 -1.37% 2026-P 14,451 -210 -1.43% 2027-P 14,217 -234 -1. 62% 2028-P 14,073 -144 -1.01% 2029-P 14,007 -66 -0.47% 2030-P 14,017 10 0.07% 2031-P 14,036 19 0.14% 2032-P 14,059 22 0.16% 2033-P 14,162 103 0.73% ENROLLMENT PROJECTIONS o o o WHY HAS IT BECOME SO HARD TO PROJECT ENROLLMENT? o o o o o o FORECASTING CONSIDERATIONS • • • • •CAMPUS CAPACITY UNDERSTANDING CAMPUS CAPACITY o o o o o o o o o PLANNING USING OUR MAXIMUM CAPACITY o CAPACITY RELIEF TOOLS o o o o o o o o o ELEMENTARY CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CIBOLO VALLEY EL 891 1,200 761 657 611 587 589 594 594 608 617 620 627 637 % Max Capacity 63%55%51%49%49%49%49%51%51%52%52%53% GREEN VALLEY EL 673 924 586 533 497 482 469 497 506 524 535 537 535 529 % Max Capacity 63%58%54%52%51%54%55%57%58%58%58%57% NORMA PASCHAL EL 673 924 603 625 591 582 564 544 546 559 569 574 580 585 % Max Capacity 65%68%64%63%61%59%59%60%62%62%63%63% ROSE GARDEN EL 891 1,200 899 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 % Max Capacity 75%75%74%73%74%77%80%83%87%90%92%94% SCHERTZ EL 675 1,102 671 668 628 605 601 576 581 588 591 586 582 582 % Max Capacity 61%61%57%55%55%52%53%53%54%53%53%53% SIPPEL EL 675 1,058 742 672 679 690 721 756 782 827 867 904 961 1,030 % Max Capacity 70%64%64%65%68%71%74%78%82%85%91%97% WATTS EL 673 924 593 513 469 440 428 423 428 446 457 463 476 490 % Max Capacity 64%56%51%48%46%46%46%48%49%50%52%53% WIEDERSTEIN EL 675 1,058 551 546 538 544 527 517 529 549 568 574 587 602 % Max Capacity 52%52%51%51%50%49%50%52%54%54%55%57% ELEMENTARY TOTALS 5,826 8,390 5,406 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 % Max Capacity 64%61%58%57%57%58%59%61%63%64%65%67% Elementary Percent Change -3.40%-5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -190 -296 -215 -87 -18 40 92 177 151 85 117 134 ELEMENTARY CAPACITIES 90% 92%94% 91% 97% 67% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CIBOLO VALLEY EL GREEN VALLEY EL NORMA PASCHAL EL ROSE GARDEN EL SCHERTZ EL SIPPEL EL WATTS EL WIEDERSTEIN EL ELEMENTARY TOTALS INTERMEDIATE CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 JORDAN INT 810 1,000 716 769 796 763 777 742 676 646 641 695 734 739 % Max Capacity 72%77%80%76%78%74%68%65%64%70%73%74% SCHLATHER INT 810 1,200 750 682 700 689 640 573 563 594 597 651 682 677 % Max Capacity 63%57%58%57%53%48%47%50%50%54%57%56% WILDER INT 810 1,250 734 725 730 743 748 739 683 627 616 654 681 685 % Max Capacity 59%58%58%59%60%59%55%50%49%52%54%55% INTERMEDIATE TOTALS 3,450 2,201 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 % Max Capacity 64%63%65%64%63%60%56%54%54%58%61%61% Intermediate Percent Change -6.13%-1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -144 -24 50 -31 -30 -111 -132 -55 -13 146 97 4 INTERMEDIATE CAPACITIES 74% 61% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY JORDAN INT SCHLATHER INT WILDER INT INTERMEDIATE TOTALS JUNIOR HIGH CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 DOBIE JH 1,300 1,540 1,348 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 % Max Capacity 88%85%80%78%80%78%75%69%66%67%67%72% CORBETT JH 1,080 1,500 1,188 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 % Max Capacity 79%75%73%73%74%74%74%72%67%62%62%66% JUNIOR HIGH SCHOOL TOTALS 3,040 2,537 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 % Max Capacity 83%80%76%75%77%76%75%70%66%65%64%69% Junior High School Percent Change -2.62%-3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -68 -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 JUNIOR HIGH CAPACITIES 72% 66% 69% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY DOBIE JH CORBETT JH JUNIOR HIGH SCHOOL TOTALS HIGH SCHOOL CAPACITIES Campus Functional Capacity Max Capacity Previous Year Current PEIMS ENROLLMENT PROJECTIONS 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 CLEMENS HS 2,700 3,300 2,544 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 % Max Capacity 77%78%78%77%75%73%73%73%73%72%69%66% STEELE HS 2,160 3,200 2,716 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 % Max Capacity 85%84%84%83%79%77%75%73%73%69%66%64% HIGH SCHOOL TOTALS 6,650 5,381 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 % Max Capacity 81%81%81%81%78%76%75%74%74%71%69%66% High School Percent Change 0.69%0.71%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 37 38 1 -52 -204 -137 -64 -63 3 -163 -180 -183 HIGH SCHOOL CAPACITIES 66% 64% 66% 20% 30% 40% 50% 60% 70% 80% 90% 100% 110% 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 % of MAXIMUM CAMPUS CAPACITY CLEMENS HS STEELE HS HIGH SCHOOL TOTALS FORECASTING CONSIDERATIONS • • • • • •BONDING CAPACITY PROJECTING BONDING CAPACITY -SCUC o PROJECTING TAX REVENUE o ASSUMES NO REFINANCING FOR BOND SAVINGS o DEFEASING PRINCIPAL o MODEST PROPERTY VALUE GROWTH o 4.0% ANNUAL INCREASE FOR 2024-2028 o 2.0% ANNUAL INCREASE FOR 2029-2033 o AS DEBT IS RESTRUCTURED AND PROPERTY VALUES INCREASE, WE BEGIN TO HAVE SOME BONDING CAPACITY o CAPACITY FOR ADDITIONAL DEBT IS LOWER AT FIRST, MORE IN LATER YEARS o FORECASTING USING THREE OPTIONS FOR I&S TAX RATE o $0.47 PER $100 OF VALUATION (C URRENT), $0.48 PER $100 VALUATION, AND $0.49 PER $100 VALUATION PROJECTED AVAILABLE BOND DOLLARS $215 $246 $278 $312 $347 $362 $380 $399 $419 $438 $284 $316 $351 $388 $426 $442 $463 $483 $505 $526 $- $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 $550 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BO N D C A P A C I T Y I N M I L L I O N S SCUC Bond Capacity by Year & Rate Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTING FACILITY COSTS -SCUC o o o o o o o o o o o PROJECTING FACILITY COSTS -SCUC YEAR High School Junior High Elementary/ Intermediate 2024 $ 235,000,000 $ 113,000,000 $ 72,000,000 2025-P $ 242,050,000 $ 116,390,000 $ 74,160,000 2026-P $ 246,891,000 $ 118,717,800 $ 75,643,200 2027-P $ 251,828,820 $ 121,092,156 $ 77,156,064 2028-P $ 256,865,396 $ 123,513,999 $ 78,699,185 2029-P $ 262,002,704 $ 125,984,279 $ 80,273,169 2030-P $ 267,242,758 $ 128,503,965 $ 81,878,632 2031-P $ 272,587,614 $ 131,074,044 $ 83,516,205 2032-P $ 278,039,366 $ 133,695,525 $ 85,186,529 2033-P $ 283,600,153 $ 136,369,435 $ 86,890,260 2034-P $ 289,272,156 $ 139,096,824 $ 88,628,065 PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ PROJECTED BOND CAPACITIES VS. CONSTRUCTION COSTS $0 $100,000,000 $200,000,000 $300,000,000 $400,000,000 $500,000,000 $600,000,000 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 BONDING CAPACITY VS CONSTRUCTION COSTS JUNIOR HIGH Bond Capacity 47¢Bond Capacity 48¢Bond Capacity 49¢ Estimated $41 M in HVAC needs over the next 10 years Estimated $9 M in Ancillary Systems needs over the next 10 years Estimated $40 M in Building and Site needs over the next 10 years TAKE AWAYS…. o o o o o o o o o QUESTIONS/COMMENTS 3Q23 Demographic Report 3.3 3.4 3.5 3.7 3.4 3.3 3.5 3.6 3.8 3.6 3 3.2 3.4 3.6 3.8 4 Guadalupe Co. Comal Co. San Antonio MSA Texas US Unemployment Rate, Year Over Year Oct-23 Oct-22 3 Local Economic Conditions 3 12.6 3.6 3.5 3.8 0 2 4 6 8 10 12 14 Unemployment Rate, Sept 2019 –Oct 2023 San Antonio MSA Texas © 2022 Zonda 13,557 19,033 0 2,500 5,000 7,500 10,000 12,500 15,000 17,500 20,000 22,500 25,000 2013Q3 2014Q3 2015Q3 2016Q3 2017Q3 2018Q3 2019Q3 2020Q3 2021Q3 2022Q3 2023Q3 Annual Housing Starts vs. Annual Closings Annual Housing Starts Annual Closings San Antonio New Home Starts & Closings Key Trends Starts: -40% YOY / -1% QOQ Closings: +10% YOY / -1% QOQ Closings Exceed Starts by 5,500 Homes 5 Housing Market Trends: Multi-family Market-Oct. 2023 6 San Antonio New Home Ranking Report ISD Ranked by Annual Closings –3Q23 * Based on additional housing research by Zonda Education Rank District Name Annual Starts Annual Closings Inventory VDL Future 1 NORTHSIDE ISD 2,762 4,009 2,287 7,237 24,003 2 COMAL ISD 1,960 2,971 1,982 4,390 22,269 3 EAST CENTRAL ISD 1,469 2,282 1,036 4,414 26,268 4 MEDINA VALLEY ISD 1,859 2,139 1,351 4,375 25,751 5 JUDSON ISD 783 1,322 583 774 1,228 6 SOUTHWEST ISD 890 1,106 673 2,704 9,156 7 SCHERTZ-CIBOLO-U CITY ISD 593 1,060 550 1,819 6,914 8 NEW BRAUNFELS ISD 510 762 406 1,203 6,767 9 NAVARRO ISD 636 692 458 1,457 4,461 10 BOERNE ISD 569 623 534 1,263 10,547 11 SEGUIN ISD 327 471 253 681 5,280 12 NORTH EAST ISD 368 463 223 701 5,711 13 SOUTHSIDE ISD 419 460 327 1,082 10,948 14 SAN ANTONIO ISD 94 240 166 347 794 15 SOUTH SAN ANTONIO ISD 129 219 137 250 539 16 LYTLE ISD 51 73 35 157 1,306 17 HARLANDALE ISD 5 41 0 14 43 18 ALAMO HEIGHTS ISD 27 33 58 20 19 19 EDGEWOOD ISD 0 28 0 0 42 20 MARION ISD 62 24 62 283 4,388 0 200 400 600 800 1,000 1,200 1,400 2017 2018 2019 2020 2021 2022 2023 Annual Starts Annual Closings 7 District New Home Starts and Closings by Quarter Starts 2017 2018 2019 2020 2021 2022 2023 Closings 2017 2018 2019 2020 2021 2022 2023 1Q 196 175 201 237 294 349 103 1Q 194 133 138 165 190 181 280 2Q 168 180 176 197 300 393 186 2Q 172 185 211 249 258 227 247 3Q 167 177 207 261 265 174 241 3Q 179 185 240 286 268 218 199 4Q 172 185 198 232 319 63 4Q 148 161 179 213 196 334 Total 703 717 782 927 1,178 979 530 Total 693 664 768 913 912 960 726 8 District Housing Overview by Elementary Zone Highest activity in the category Second highest activity in the category Third highest activity in the category Elementary Annual Starts Quarter Starts Annual Closings Quarter Closings Under Const.Inventory Vacant Dev. Lots Future CIBOLO VALLEY 73 22 58 23 39 77 168 430 GREEN VALLEY 0 0 0 0 0 0 0 0 PASCHAL 1 0 3 1 0 1 45 242 ROSE GARDEN 146 44 307 41 94 147 590 3,017 SCHERTZ 32 6 103 12 15 24 0 60 SIPPEL 80 42 130 33 46 90 639 1,743 WATTS 61 26 152 25 24 68 76 580 WIEDERSTEIN 200 101 307 64 96 143 301 842 Grand Total 593 241 1,060 199 314 550 1,819 6,914 District Housing Overview •The district has 24 actively building subdivisions •Within SCUCISD there are 8 future subdivisions •Of these, groundwork is underway on 1,068 lots within 8 subdivisions 9 District Multi-Family Overview 10 •The district has over 550 multi-family units under construction across the district •Within SCUCISD there are over 2,100 future multi-family units in the planning stages Multi-Family Developments MF Under construction Future Multi-Family Residential Activity 11 Cibolo Ridge •348 total future lots •Groundwork underway for Unit 1 (145 lots) •Anticipate homebuilding begin late 2023 –early 2024 •Lennar Legendary Trails •361 total lots •141 future lots •60 vacant developed lots •13 homes under construction •124 occupied homes •Closed 44 homes in last 12 months •Groundwork underway on remaining lots •$330K+ •Current Student Yield = 0.605 Residential Activity 12 Saddlebrook Ranch •636 total future lots •Groundwork underway for 177 lots in Units 1, 2 & 4 •Anticipate homebuilding begin early 2024 •Ashton Woods Multi-Family Yield 13 •Within SCUCISD there are currently 287 students residing in 1,920 multi-family units •The district average multi-family yield is 0.149 < 0.25 0.25 –0.50 0.50 –0.75 > 0.75 14 Student Yield by Housing Type Single Family Yield 0.469 Multi-Family Yield 0.149 0.489 0.469 0.132 0.149 0 0.1 0.2 0.3 0.4 0.5 0.6 2022/23 2023/24 SCUCISD Student Yeild by Housing Type Single Family Yield Mutli-Family Yeild Student Density 15 SCUCISD currently has 308 residing out of district This represents roughly 2% of total SCUCISD students 6,124 students, or roughly 40.4% of the district population resides within Schertz city limits 6,372 students, or roughly 42% of the district population resides in Cibolo city limits 687 students, or roughly 4.5% of the district population resided in Universal City city limits 1,665 students roughly 11.1% reside in the unincorporated area of the district 16 Yellow box = largest grade per year Green box = second largest grade per year Ten Year Forecast by Grade Level Year (Oct.)EE/PK K 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th Total Total Growth % Growth 2019/20 413 1,048 1,036 1,093 1,125 1,184 1,211 1,234 1,183 1,180 1,419 1,340 1,282 1,224 15,972 154 1.0% 2020/21 325 951 1,019 1,040 1,077 1,135 1,143 1,232 1,248 1,219 1,293 1,394 1,305 1,292 15,673 -299 -1.9% 2021/22 455 935 997 1,019 1,074 1,116 1,124 1,221 1,287 1,318 1,428 1,347 1,305 1,264 15,890 217 1.4% 2022/23 436 819 962 998 1,077 1,114 1,067 1,133 1,230 1,306 1,478 1,371 1,247 1,283 15,521 -369 -2.3% 2023/24 430 788 838 967 997 1,090 1,079 1,097 1,178 1,264 1,435 1,459 1,238 1,286 15,146 -375 -2.4% 2024/25 384 747 849 866 1,006 1,043 1,108 1,118 1,126 1,198 1,413 1,427 1,354 1,225 14,864 -282 -1.9% 2025/26 406 789 795 870 896 1,052 1,061 1,134 1,145 1,145 1,328 1,387 1,321 1,332 14,661 -203 -1.4% 2026/27 443 861 840 816 897 933 1,072 1,093 1,167 1,164 1,269 1,316 1,274 1,306 14,451 -210 -1.4% 2027/28 438 850 918 851 841 932 950 1,104 1,120 1,187 1,294 1,256 1,218 1,258 14,217 -234 -1.6% 2028/29 446 866 907 945 879 879 947 975 1,128 1,138 1,318 1,278 1,161 1,206 14,073 -144 -1.0% 2029/30 456 886 919 941 978 919 893 974 994 1,147 1,265 1,304 1,180 1,151 14,007 -66 -0.5% 2030/31 465 904 940 951 970 1,020 935 919 1,000 1,010 1,277 1,251 1,205 1,170 14,017 10 0.1% 2031/32 477 931 960 973 982 1,012 1,038 962 944 1,017 1,128 1,263 1,156 1,193 14,036 19 0.1% 2032/33 489 954 984 995 1,006 1,025 1,029 1,068 989 960 1,130 1,117 1,167 1,146 14,059 22 0.2% 2033/34 500 976 1,011 1,021 1,028 1,051 1,042 1,059 1,099 999 1,066 1,120 1,034 1,156 14,162 103 0.7% 17 Ten Year Forecast by Elementary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 CIBOLO VALLEY EL 891 1,200 657 611 587 589 594 594 608 617 620 627 637 GREEN VALLEY EL 673 924 533 497 482 469 497 506 524 535 537 535 529 NORMA PASCHAL EL 673 924 625 591 582 564 544 546 559 569 574 580 585 ROSE GARDEN EL 891 1,200 896 882 878 891 923 957 999 1,046 1,075 1,104 1,131 SCHERTZ EL 675 1,102 668 628 605 601 576 581 588 591 586 582 582 SIPPEL EL 675 1,058 672 679 690 721 756 782 827 867 904 961 1,030 WATTS EL 673 924 513 469 440 428 423 428 446 457 463 476 490 WIEDERSTEIN EL 675 1,058 546 538 544 527 517 529 549 568 574 587 602 ELEMENTARY TOTALS 5,110 4,895 4,808 4,790 4,830 4,922 5,099 5,250 5,335 5,453 5,587 Elementary Percent Change -5.48%-4.21%-1.78%-0.37%0.83%1.91%3.59%2.96%1.63%2.20%2.46% Elementary Absolute Change -296 -215 -87 -18 40 92 177 151 85 117 134 JORDAN INT 810 1,000 769 796 763 777 742 676 646 641 695 734 739 SCHLATHER INT 810 1,200 682 700 689 640 573 563 594 597 651 682 677 WILDER INT 810 1,250 725 730 743 748 739 683 627 616 654 681 685 INTERMEDIATE TOTALS 2,176 2,226 2,195 2,165 2,054 1,922 1,867 1,854 2,000 2,097 2,101 Intermediate Percent Change -1.09%2.30%-1.39%-1.37%-5.13%-6.43%-2.86%-0.70%7.87%4.85%0.19% Intermediate Absolute Change -24 50 -31 -30 -111 -132 -55 -13 146 97 4 18 Ten Year Forecast by Secondary Campus Fall ENROLLMENT PROJECTIONS Campus Functional Capacity Max Capacity 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 2031/32 2032/33 2033/34 DOBIE JH 1,300 1,540 1,316 1,229 1,194 1,228 1,196 1,152 1,058 1,009 1,025 1,025 1,109 CORBETT JH 1,080 1,500 1,126 1,095 1,096 1,103 1,111 1,114 1,083 1,001 936 924 989 JUNIOR HIGH SCHOOL TOTALS 2,442 2,324 2,290 2,331 2,307 2,266 2,141 2,010 1,961 1,949 2,098 Junior High School Percent Change -3.71%-4.83%-1.46%1.79%-1.03%-1.78%-5.52%-6.12%-2.44%-0.61%7.64% Junior High School Absolute Change -94 -118 -34 41 -24 -41 -125 -131 -49 -12 149 CLEMENS HS 2,700 3,300 2,563 2,576 2,550 2,469 2,419 2,397 2,400 2,418 2,383 2,292 2,183 STEELE HS 2,160 3,200 2,700 2,688 2,663 2,541 2,452 2,411 2,345 2,330 2,202 2,113 2,038 ALSELC 155 155 155 155 155 155 155 155 155 155 155 HIGH SCHOOL TOTALS 5,418 5,419 5,368 5,165 5,026 4,963 4,900 4,903 4,740 4,560 4,376 High School Percent Change 0.73%0.02%-0.94%-3.78%-2.69%-1.25%-1.27%0.06%-3.32%-3.80%-4.04% High School Absolute Change 39 1 -51 -203 -139 -63 -63 3 -163 -180 -184 DISTRICT TOTALS 15,146 14,864 14,661 14,451 14,217 14,073 14,007 14,017 14,036 14,059 14,162 District Percent Change -2.42%-1.86%-1.37%-1.43%-1.62%-1.01%-0.47%0.07%0.14%0.16%0.73% District Absolute Change -375 -282 -203 -210 -234 -144 -66 10 19 22 103 19 Key Takeaways Enrollment in Schertz Cibolo ISD decreased by -2.4% since 2022/23 Enrollment declines related to Charter expansions and lower Kindergarten enrollments 3rd quarter new home starts bounce back to 241 starts highest in the past year The district has 24 actively building subdivisions with more than 1,800 lots available to build on SCUCISD has 8 future subdivisions with over 6,900 lots in the planning stages Groundwork is underway on more than 1,000 lots across the district Larger graduating classes verses smaller Kindergarten classes leading to decrease in overall enrollment District enrollment near 14,000 students in 2028/29 school year 15,146 14,073 14,162 13,000 13,500 14,000 14,500 15,000 15,500 16,000 16,500 Enrollment Projections Prop erty owne rs outside theSchertz City Limits are n otifiedbut do no t count towa rds theopposition tally an d a re o nly sh ownfor reference purpose s. City of Schertz C ity of S c h ertz C ity of S c h ertz S c h e rtz E T J Schertz ETJ S c h ertz E T J Schertz E TJ V O G E S P A S S PVTRDAT11732VO G E S P A S S Pr oject Are a 0 100 200 300 40050Feet ² 09 Apr 2024 @ 11:10 am Protested Parcel Acerage (%) Opposed Not Opposed (100.00%) (0.00%) Ordinance 24-S-19 Zone Change from Pre-Development to Single-Family Residential/ Agricultural District (R-A) Voges Pass ( 3 acres) Daisy Marquez| Planner 11627 Voges Pass Existing Single-Family Home Existing Zoning: Pre-Development (PRE) Proposed Zoning: Single-Family Residential/ Agricultural (R-A) 14 15 Existing ZoningLand Use NorthPre-Development District (PRE)Single Family Residential/ Agricultural SouthExtraterritorial Jurisdiction (ETJ) Single Family Residential/ Agricultural EastRight-Of-Way; Private Voges Pass WestManufacturing District –Heavy (M-2)Undeveloped •March 20, 2024 a total of 7 Public Hearing Notices were sent out. •Responses Received: •0 – Opposition, •0-In Favor, •1-Neutral •1 sign was posted on the property. •April 3, 2024, Planning and Zoning Commission held a public hearing. •May 7, 2024, City Council held a public hearing. •Posted in the “San Antonio Express” on April 10, 2024. 16 Proposed Zone Change •UDC Section 21.5.4 states that a Zone Change is required to establish the use of land and the development associated with the proposed zoning classification for the purpose of establishing and maintaining sound, stable, and desirable development. •The proposed zone change to Single-Family Residential/ Agricultural District (R-A) per the letter of intent the applicant is seeking the rezone to remodel their home. 17 UDC SECTION 21.5.4.D Criteria for Approval 1.Whether the proposed zone change or zoning map amendment implements the policies of the adopted Comprehensive Land Plan, including the land use classification of the property on the Future Land Use Map. •The proposed Single-Family Residential/ Agricultural District (R-A) does implement the policies of the adopted Comprehensive Land Plan. •The Comprehensive Land Use Plan classifies the subject property and area as Complete Neighborhood. The intent of Complete Neighborhood land use designation is a general area characterized by a mix of housing options with supporting land uses, but when considering the appropriateness of housing density, factors such as roadway classification and conflicts among land uses should be considered. •The proposed Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan designations as per its statement of purpose and intent from UDC Section 21.5.5. The intent of the Single-Family Residential/ Agricultural District (R-A) is to provide a district suitable for minimum half-acre lots where development may be premature. •The surrounding properties are Pre-Development District (PRE) and the subject property is at the edge of the City of Schertz Extraterritorial Jurisdiction (ETJ). 18 UDC SECTION 21.5.4.D Criteria for Approval 2. Whether the proposed zoning change or zoning map amendment promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City. •As part of promoting health, safety and general welfare, the City should encourage development compatible with surrounding uses utilizing standards and transitional uses to alleviate negative impacts. •The chosen Single-Family Residential/ Agricultural District (R-A) dimensional and development standards as stated in Section 21.5.7A of the Unified Development Code, are compatible with what is in the surrounding area. 19 UDC SECTION 21.5.4.D Criteria for Approval 3. Whether the uses permitted by the proposed change in zoning district classification and the standards applicable to such uses will be appropriate in the immediate area of the land to be reclassified; •Yes, the permitted uses in Single-Family Residential/ Agricultural District (R-A) are appropriate within the immediate area of the land to be reclassified. The purpose and intent of the Single-Family Residential/ Agricultural District (R-A) is to provide areas in which agricultural land may be held in such use for as long is practical and reasonable, with minimum half-acre lots, and where development may be premature due to lack of utilities, capacity or services, as per UDC Section 21.5.5. •The majority of the surrounding properties are Pre-Development District (PRE) and are used for single family residential and agricultural. Additionally, the southern portion of the property is adjacent to the City of Schertz Extraterritorial Jurisdiction (ETJ). 4. Whether the proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers or other public services and utilities to the area; •The existing access point for the property is off of the existing Voges Pass. Voges Pass is a private road and is not maintained by the City of Schertz. The subject property currently uses an on site septic system and is serviced by the City of Schertz for water. •A public hearing notice was mailed to Schertz-Cibolo-Universal City Independent School District to notify them of the proposed zone change. Included as attachments are the most recent Demographic Report 3Q23 for SCUCISD as well as the most recent 10 -Year Campus Forecasting Presentation. •The City of Schertz Police, Fire and EMS Departments have indicated they do not have any concerns regarding the proposed rezo ning requests or their ability to provide services. 20 UDC SECTION 21.5.4.D Criteria for Approval 5. Whether there have been environmental and/or economical changes which warrant the requested change; •The applicant would like to renovate the existing home and the Pre-Development District (PRE) is a placeholder and requires a zo ne change for construction, building permits, etc. 6. Whether there is an error in the original zoning of the property for which the change is requested; •There was no error in the original zoning of the property. The subject property was annexed into the City of Schertz in 1974 with Ordinance 74-A- 24. Pre-Development District (PRE) is a placeholder and this property along with others in this area and around southern Schertz were given Pre- Development District (PRE) instead of zoning each individual property. 7. Whether all of the applicant’s back taxes owed to the City have been paid in full; •All back taxes owed have been paid to the City. 21 UDC SECTION 21.5.4.D Criteria for Approval 8. Whether other criteria are met, which, at the discretion of the Planning and Zoning Commission and the City Council, are deemed relevant and important in the consideration of the amendment. •Staff has ensured all UDC requirements have been met for the proposed zone change, and at this time have not received any special consideration from the Planning and Zoning Commission or the City Council. 22 Recommendation Staff Recommendation The proposed zone change to Single-Family Residential/ Agricultural District (R-A) is compatible with the Comprehensive Land Use Plan and is appropriate within the immediate area of the subject property, thus Staff recommends approval of Ordinance 24-S-19. Planning and Zoning Commission The Planning and Zoning Commission met on April 4, 2024 and made a recommendation of approval with a 6-0 vote. City Council The Schertz City Council met on May 7, 2024, and approved Ordinance 24-S-19 with a 6-0 vote. 23 COMMENTS AND QUESTIONS 24 Agenda No. 11. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Planning & Community Development Subject: Ordinance 24-H-07- Approving amendments to the Schertz Code of Ordinances, Chapter 34 - Health, Article IV Smoking in public places and Article VI - Illegal Smoking Materials. Final Reading (B.James/L.Wood/A.Cantu). BACKGROUND City Council from time to time, on its own motion, or at the recommendation of City staff proposes to amend, change, or modify text in any portion of the Code of Ordinances. It is generally considered good practice to periodically review and update the ordinances. The Code of Ordinances, Chapter 34, Article IV Smoking In Public places was last updated in 2011 and recently reviewed to evaluate the change in smoking behaviors. Smoking has evolved since the last ordinance update with the use of electronic smoking devices, vaping devices and the continued use of tobacco smoking, which has prompted the proposed changes. Electronic cigarettes and vaping devices contain nicotine, toxic chemicals, and are associated with lung and cardiovascular diseases. Brief exposure to secondhand smoke can cause health risks so prohibiting smoking indoors in certain areas can improve air quality and reduce exposure to second-hand smoke. The proposed ordinance amendments add definitions to provide greater clarity. They also add prohibitions for the smoking of E-cigarettes and vaping where the smoking of cigarettes is prohibited. The addition of a signage requirement, as is currently required under State Law, for areas where smoking is prohibited will all City Staff to enforce this requirement. Staff is proposing to remove the prohibition on smoking within 25 feet of any public entrance or exit from an enclosed facility. It has been noted that many areas outside of buildings where people smoke are within 25’ of the door. Staff is recommending leaving it up to the owner/operator to determine how far from a door or entrance they want to prohibit smoking – if at all. Finally, the removal of Article VI-Illegal Smoking Materials in its entirety as state law addresses illegal smoking materials already enforced by licensed peace officers. Parks, Police, Planning, Library, City Managers Office and Legal were included in the review of the proposed ordinance changes. Any comments from departments were incorporated into the ordinance document attached. Additional recommendations from the American Heart Association have been included. The proposed revisions will bring the Code of Ordinances into alignment with State Law and consistent with surrounding municipalities. Article IV Sec 34-89 Definitions Adding language to match the State certificates and current name. Adding definition Bar, E-cigarette, Enclosed Area, Private club, Restaurant, Retail Tobacco Store, and Vaping Adding to Smoke or smoking meaning Sec 34-91 Smoking in public places generally prohibited, and other offenses Revision to subsection (1), (2), and (4) Removing subsection (5) Sec. 34-92 Revision to section. Sec. 34-92 moved to Sec. 34-94 Sec 34.93 Certain places exempt Addition to subsection (1) (3) and (4) Revision to subsection (b)(1). Removing subsection (5), (6), (7), and (8) Sec 34-94 Prohibition of smoking in places of employment Addition to subsections (1) and (2) Removal of subsections (3) and (4) Sec. 34-94 moved to Sec. 34-92 Sec 34-95 Disposition of filters Removal of Sec 34-95 Sec 34-96 Penalties Revision to penalties ARTICLE VI.-ILLEGAL SMOKING MATERIALS Removal of Article VI. GOAL To amend the code of ordinances to be consistent with State and Federal Law as well as with business practices and community goals in order to maintain sound, stable and desirable business practices. COMMUNITY BENEFIT It is the City’s desire to promote health and safety conditions for all establishments. SUMMARY OF RECOMMENDED ACTION The requirements in the municipal code are to promote the health and welfare of the city as a whole. The proposed updates to the ordinance will keep the city in line with State and Federal Laws as well as current smoking trends. For these reasons, the staff is recommending approval of the proposed amendments. RECOMMENDATION Approval of Ordinance 24-H-07. Schertz City Council met on May 7, 2024, and approved Ordinance 24-H-07 as presented with a 6-0 vote. Attachments Ordinance 24 H 07 w attachments clean version of proposed ordinance redlined version of proposed ordinance Chapter 34 Article VI Removal City Council Presentation Slides ORDINANCE NO. 24-H-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING SCHERTZ CODE OF ORDINANCES, CHAPTER 34 HEALTH, ARTICLE IV – SMOKING IN PUBLIC PLACES. WHEREAS, the City staff of the City of Schertz (the “City”) recommended that the City Council approve the amended Code of Ordinances, Chapter 34 Health, Article IV to address proposed updates to smoking ordinance. WHEREAS, the City staff has provided the amended Code of Ordinances, Chapter 34 attached hereto as Exhibit A. WHEREAS, on May 7, 2024, the City Council conducted a public hearing and after consideration of the amendments to Chapter 34 Health has determined that the proposed amendments are appropriate and in the interest of the public safety, health, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The current Code of Ordinances, Chapter 34 Health, Article IV is hereby amended as set out in Exhibit A attached hereto. Section 2. Article VI – Illegal Smoking Materials of Chapter 34 of the current Code of Ordinances is deleted in its entirety. 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 matter s 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. PASSED ON FIRST READING, the ____ day of ________ 2024. PASSED APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2024. CITY OF SCHERTZ, TEXAS _____________________________ Ralph Gutierrez, Mayor ATTEST: ________________________ Sheila Edmondson, City Secretary Exhibit “A” Code of Ordinances Chapter 34 Health Article IV- Smoking in Public Places Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices. Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of smoking in public places, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place; or (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall: (1) Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is permitted the provisions of section 34-91 shall not apply: (1) Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (b) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-95. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-96. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Secs. 34-97, 34-98, 34-99. Reserved. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 3 Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices. Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 3 synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of smoking in public places, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place; or (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall: (1) Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is permitted the provisions of section 34-91 shall not apply: Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 3 (1) Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (b) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-95. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-96. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Secs. 34-97, 34-98, 34-99. Reserved. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 5 Sec. 34-89. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Bar means any commercial establishment that derives 51 percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic Beverage Code and has a valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission. City facility means any building owned or operated by the City of Schertz. Dining area means any area in which meals or entrees are served but shall not include areas where the incidental service of hors d'oeuvres, snacks, pretzels, popcorn, or similar items are provided, or where food sales in the area are less than five percent of gross receipts. Electronic smoking device means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or a consumable liquid or other material aerosolized or vaporized during the use of an electronic cigarette or device. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e- hookah, or vape pen, or under any other product name or descriptor, and aerosol, liquid, or vapor used in such a device. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, association, or other entity that employs one or more persons. Enclosed Area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not it contains openings of any kind. HVAC system means a single heating, ventilating, and air conditioning system. Place of employment means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a place of employment unless it is used as a childcare, adult day care, or health care facility. any enclosed indoor area under the control of an employer to which employees have access during the course of employment, and includes but is not limited to stores, offices, professional, financial, and other commercial establishments; restaurants; enclosed shopping malls; public and private institutions of higher education; the common areas of health care facilities, and nursing and convalescent home. Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, bars, bingo facilities, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, recreational facilities, city facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. The term "public place" also includes the area within 25 feet of the exterior of any public entrance or public exit from any city facility. If any "recreational facility" is fenced or otherwise enclosed, for purposes of the definition of "public place", su ch "recreational facility" shall include all areas within 25 feet outside of such fence or enclosure. If any "recreational facility" is not fenced or otherwise enclosed, for purposes of the definition of "public place", such "recreational facility" shall include all areas within 25 feet of each item of athletic, play, or recreational equipment. A private residence is not a "public place" unless if it is used as a childcare, adult day care, or health care facility. Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 5 Recreational facilities means any public or private area open to the public for recreational purposes, including but not limited to, city owned or operated parks, swimming pools, athletic facilities, athletic fields, playgrounds, or other city owned or operated areas with athletic, play, or recreational equipment, or trails. Restaurant means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public-school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term restaurant includes the bar area within a restaurant. Retail Tobacco Store/Electronic Vaping Store means a retail store used primarily for the sale of tobacco products, electronic smoking devices, and related accessories in which the sale of other non-tobacco products is incidental, and includes vape shops or other establishments that primarily sell electronic smoking devices . Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, including marijuana/cannabis, in any manner or in any form. Smoking includes the use of electronic smoking devices which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article. the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or device, or the lighting of, emitting, or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (Ord. No. 01-H-24, § 7½-80, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-90. Article not to excuse noncompliance with other measures. Nothing in this article excuses noncompliance with any state or federal law, provisions of this Code, or any other applicable ordinance of the city, or any rule or regulation adopted pursuant thereto, which prohibits smoking. (Ord. No. 01-H-24, § 7½-81, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-91. Prohibition of sSmoking in public places generally prohibited, and other offenses. A person commits an offense if he/she: (1) Knowingly smokes in an enclosed public place within the city, including but not limited to, the following places: and is not in an area designated as an employee smoking area or as a smoking area under this article; or (a) Recreational facility; (b) Lobbies, elevators, hallways, restrooms, reception areas, and other common areas; (c) Restaurants and bars, except for outdoor seating areas designated as smoking; (2) Is the owner, lessee, or other person in charge of a public place or restaurant and knowingly or intentionally permits, or fails to make a reasonable effort to prevent commission, by another, of the offense described within subsection (1) of this section; The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public; place or (3) Fails to have prominently displayed a no-smoking sign, a designated smoking area sign as required by this article; or Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 5 (4) Is an employer who operates a place of employment in the city and fails to adopt and implement a smoking policy which is consistent with the requirements of this article within three months of adoption of this article or upon opening for business, or fails to maintain thereafter a written smoking policy which is consistent with the requirements of this article; or (5) Is an employer who operates a place of employment in the city and fails to communicate a smoking policy which is consistent with the requirements of this article to all employees within three weeks of adoption of the policy or fails to post the smoking policy conspicuously in all workplaces under the employer's jurisdiction. (Ord. No. 01-H-24, § 7½-82, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011) Sec. 34-94 Sec. 34-92. Prohibition of smoking in places of employment. Each employer who operates a place of employment in the city shall, within three months of adoption of this article or upon opening for business, adopt, implement, and maintain a written smoking policy which is consistent with the requirements of this article. If smoking will be permitted, the policy shall contain, at a minimum, the following provisions and requirements: (1) The owner, lessee, or other person in charge of a public place may, but is not required to, designate on or more areas as smoking areas for the use of the employees as part of the smoking policy provided for in this section. A designated employee smoking area may include private enclosed offices. Designated employee smoking areas may be located in areas to which employees, but not the general public, except by invitation only, have access during the course of employment. A common employee work area shall not be designated as an employee smoking area unless every person who works in that area agrees in writing to the designation. In no event shall an employee restroom or an area containing food or drink dispensing facilities be designated as an employee smoking area. Prohibit smoking in all enclosed areas within places of employment. This includes common work areas, auditoriums, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, reception areas, lobbies, restrooms and all other enclosed areas. (2) If such employee smoking area is designated, each such smoking area shall: a. Be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; b. Be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public area; c. Be a physically enclosed area separated from nonsmoking areas; d. Be designated by appropriate signs which are clearly visible to employees and members of the public entering the area; and e. Contain ashtrays, containers, or other facilities for the extinguishment of smoking materials. (3) The smoking policy shall be communicated within three weeks of adoption of all employees and shall be posted conspicuously in all workplaces under the employer's jurisdiction. (4) The owner, lessee, or other person in charge of a public place that designates one or more areas as designated smoking areas for the public shall not require employees to work in a designated smoking area if the employee request to work in a nonsmoking area. (Ord. No. 01-H-24, § 7½-85, 11-20-2001; Ord. No. 07-H-32, I, 7-3-2007; Ord. No. 11-M-06, § 1, 4-19-2011 ) Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 4 of 5 Sec. 34-93. Certain places exempt. (a) Smoking may be permitted in the following areas and if smoking is so permitted the provisions of section 34- 91 shall not apply: (1) Tobacco specialty retail shops Retail Tobacco Store/Electronic Vaping Stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article; or (2) Private residences (unless used as a child care, adult day care, or health care facility); or (3) Hotel and motel rooms rented to guests and designated as a smoking room; or (4) Enclosed meeting or assembly rooms in restaurants, hotels, motels, and other public places if the entire room is used for a private function; or (4) Outdoor seating areas of restaurants, bars, or lounges if signs are posted at each entrance to such areas to inform potential patrons that the area allows smoking. (5) Businesses licensed to sell alcoholic beverages on premises or nonprofit commercial facilities, provided in either case that food sales do not constitute more than 25 percent of such business's or organization's gross receipts; or (6) Any facility other than a restaurant otherwise described as a public place which has installed a separate HVAC system and air filtering equipment for a designated smoking area encompassing not more than 25 percent of the total seating area; or (7) A special separate dining area of any restaurant with an area serving as a dining area in compliance with this Article, if the separate dining area is enclosed on all sides and has a separate HVAC system or if it is enclosed on three sides, has a separate HVAC system, and is removed by 15 feet from any area in which smoking is not allowed and has air filtrating equipment installed by April 1, 2002; the smoking section shall be situated so the ventilation minimizes the effect of smoke in nonsmoking areas and so that air from the smoking area is not drawn across a nonsmoking area; or (8)Outdoor seating areas of restaurants if an area encompassing at least 25 percent of the seating is reserved for nonsmoking. (b) (1) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any public place described in this section may declare that entire public place or any portion of the public place as a nonsmoking area. The owner, operator, manager, or other person who controls the public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. (2) A person commits an offense if he knowingly smokes in any public place or portion thereof declared a nonsmoking area in accordance with subsection (b)(1) of this section. (Ord. No. 01-H-24, § 7½-84, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-92 Sec.34-94. Signs required in public places and place of employment. (a) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 5 of 5 posted at every entrance in a public place and place of employment where smoking is prohibited by this ordinance, by the owner, operator, manager, or other person in control. (b) The operator of a public place or place of employment shall conspicuously post signs in areas where smoking is permitted under Sec. 34-93 The owner, lessee, or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited. The owner, lessee, or other person in charge of a public place shall post a sign, or signs, in each area designated as smoking. (Ord. No. 01-H-24, § 7½-83, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-95. Disposition of filters. All filter used in HVAC systems and other air filtration devices under this article shall be disposed of in compliance with requirements established by the Texas Commission on Environmental Quality. (Ord. No. 01-H-24, § 7½-86, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-965. Penalties. Any person who violates any provision of this article shall be subject to a fine not exceeding two hundred dollars ($200.00) for the first offense and shall be fined an amount not more than five hundred dollars ($500) for each conviction after the first. each offense. (Ord. No. 01-H-24, § 7½-87, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Sec. 34-976. Inconsistent provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this article are hereby repealed to the extent of such conflict, and the provisions of this article shall be and remain controlling as to the matters ordained herein. (Ord. No. 01-H-24, § 3, 11-20-2001; Ord. No. 11-M-06, § 1, 4-19-2011 ) Secs. 34-97, 34-98, 34-99. Reserved. PART II - CODE OF ORDINANCES Chapter 34 - HEALTH ARTICLE VI. ILLEGAL SMOKING MATERIALS Schertz, Texas, Code of Ordinances Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 1 of 3 ARTICLE VI. ILLEGAL SMOKING MATERIALS Sec. 34-110. Definitions. For the purpose of this article, the following words and phrases shall have the following meanings. Person shall mean an individual, a group of two or more individuals, proprietorship, corporation, partnership, association, wholesaler, retailer, or any licensed or unlicensed business. Illegal smoking material shall mean any plant or other substance, natural or synthetic, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following substances or chemicals: (1) Salvia divinorum or salvinorin A—all parts of the plant currently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; (2) 2[(1R,3S)-3-hydroxycyclohexy1]-5-(2-methyloctain-2-y1)phenol (also known as CP47, 497) and homologues; (3) (6aS, 10aS)-9-(hydroxymethy1)-6, 6-dimethy1-3-(2-methyloctain-2-y1)-6a, 7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol (also known as HU-211 or Dexanabinol); (4) 1-penty1-3-(1-naphthoy1) indole (also known as JWH-018); (5) 1-buty1-3(1-naphthoy1) indole (also known as JWH-073; or (6) 1-penty1-3-(4-methoxynaphthoy1) indole (also known as JWH-081). Products containing some or all of the above substances are potentially marketed under, but not limited to the following chemical names: "K-2," "K-2 Summit," "K-2 Sex," "Genie," "Dascents," "Zohai," "Sage," "Spice," "Sence," "Smoke," "Skunk," "KO nock-out 2," "Spice Gold," "Spice Diamond," "Yucatan Fire," "Solar Flare," "Pep Spice," "Fire N' Ice," "Blaze," "Red X Dawn," "Salvia Divinorum" and "Salvnoria A". Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this article, regardless of whether they are marketed under alternative names. Illegal smoking material paraphernalia shall mean any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include, but is not limited to the following: (1) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (2) A water pipe; (3) A carburetion tube or device; (4) A smoking or carburetion mask; (5) A chamber pipe; Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 2 of 3 (6) A carburetor pipe; (7) An electric pipe; (8) An air-driven pipe; (9) A chillum; (10) A bong; or (11) An ice pipe or chiller. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-111. Purpose. The purpose of this article is to prohibit the manufacture, purchase, sale, offer for sale, delivery, or gift of illegal smoking materials as defined herein within the corporate limits of the City of Schertz, and to prohibit the possession or use of illegal smoking materials and illegal smoking material paraphernalia within the corporate limits of the City of Schertz. Any form of delivery, including without limitation a simple gift, constitutes a violation of this article by all parties involved. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-112. Manufacture, display, purchase, sell, deliver, offer, barter, or give. It shall be unlawful for any person to manufacture, purchase, sell, offer for sale, barter, publicly display, deliver, or to give any illegal smoking material to any person within the corporate limits of the City of Schertz. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-113. Possession or use of illegal smoking materials. It shall be unlawful for any person to have in his or her possession, or to use, inject, ingest, inhale, or otherwise introduce into the human body, illegal smoking materials within the corporate limits of the City of Schertz. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-114. Possession or use of illegal smoking material paraphernalia. It shall be unlawful for any person to have in his or her possession any illegal smoking material paraphernalia with the intent to use it, to ingest, inhale or otherwise consume or introduce into the human body illegal smoking material. It is a violation of this section if a person is found in possession of illegal smoking material paraphernalia and appropriate forensic testing is done by the city or at its request on the paraphernalia showing traces of illegal smoking material present on the paraphernalia. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-115. Affirmative defenses to prosecution. It shall be an affirmative defense to prosecution for a violation of this article: Created: 2022-06-29 10:57:25 [EST] (Supp. No. 22) Page 3 of 3 (a) If the use of the illegal smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. (b) If an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas. (c) If the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Sec. 34-116. Penalties. (a) Any person, firm or corporation violating a provision of this article shall be guilty of a Class C misdemeanor and shall, upon conviction, be subject to a fine of not less than $100.00, nor more than $2,000.00. (b) In addition to the fine, the City of Schertz shall be entitled to restitution for expenses incurred by it in connection with the testing of substances related to the fine. The restitution under this subsection (b) and fine under (a) above together shall not exceed $2,000.00. (c) A violation constitutes a separate offense for each regulated item involved. (d) A violation constitutes a separate offense for each day a violation continues. (e) The penal provisions imposed under this article shall not preclude the City of Schertz from filing a civil suit to enjoin the violation of this article. The city retains all legal rights and remedies available to it pursuant to local, state and federal law. ( Ord. No. 10-H-37, Art. I, 12-14-2010 ) Secs. 34-117—34-120. Reserved. CHAPTER 34 ARTICLE IV PROPOSED UPDATE SMOKING IN PUBLIC PLACES AMANDA CANTU 1 SANITARIAN EVOLUTION OF SMOKING DEVICES 2 Expand Penalties Addition to subsections 34-89, 34-93, 34-94, 34-96 CURRENT LANGUAGE TO MATCH STATE LAW 3 Electronic smoking device, Minor, Retail Tobacco Store, and Vaping Update language/terminology/definitions to match State rules throughout chapter 34 article IV Revisions to subsections 34-91, 34-94, 34-95, and 34-96 Removal of Sec. 34-95 Disposition of filters Removal of ARTICLE.- ILLEGAL SMOKING MATERIALS COMMENTS & QUESTIONS 4 healthinspector@schertz.com CONTACT US E -mail Address Phone Number (210) 619-1650 Mailing Address 1400 Schertz Pkwy, Bldg. 1 Schertz, TX. 78154 5 Agenda No. 12. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Executive Team Subject:Resolution 24-R-56 - Approval and Presentation of the 2024 Recipients of the Hal Baldwin Scholarship (S.Williams/S.Gonzalez) Presentation to follow approval BACKGROUND By Resolution No. 09-R-03 in 2009, the City Council established the Hal Baldwin Scholarship. The Hal Baldwin Scholarship Committee, a committee that assists the City Council with the scholarship process, reviewed the applications and recommends the following students as recipients for the 2024 Scholarship: Connor Gobin - $5,000 Javon Toliver - $2,500 Carlee Hoffmann - $2,500 GOAL To award the Hal Baldwin Scholarship to a graduating high school senior living in the City of Schertz who desires to pursue a career in public service. COMMUNITY BENEFIT The Hal Baldwin Scholarship was created in February 2009 to honor the late Mayor Hal Baldwin for his many years of public service to the City of Schertz. SUMMARY OF RECOMMENDED ACTION Adoption of Resolution 24-R-56 FISCAL IMPACT $10,000 to come from Hal Baldwin Scholarship Fund. The current balance of the fund is $167,728.40 RECOMMENDATION Adoption of Resolution 24-R-56 Attachments Resolution 24-R-56 RESOLUTION NO. 24-R-56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE 2024 RECIPIENTS OF THE HAL BALDWIN SCHOLARSHIP. WHEREAS, on February 10, 2009, the City Council of the City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz; and WHEREAS, this scholarship is awarded to graduating high school seniors who live in the City of Schertz who desire to pursue a career in public service; and WHEREAS, students desiring to be considered for the Scholarship must attend at least two Schertz City Council meetings, prior to submitting their application; and WHEREAS, students must submit a statement that describes what the meaning of public service is to them and a statement regarding their educational goals and career intentions that reflects his or her interest in public service; and WHEREAS, there is a Hal Baldwin Scholarship Committee to assist the City Council with the scholarship process by recommending potential scholarship winners to the City Council; and WHEREAS, the Scholarship Committee has recommended that Connor Gobin, Javon Toliver, and Carlee Hoffmann receive the Hal Baldwin Scholarship for 2024; and WHEREAS, the City Council hereby finds that awarding Connor Gobin, Javon Toliver, and Carlee Hoffmann the 2024 Hal Baldwin Scholarship serves a public purpose by encouraging and assisting Schertz graduating high school seniors pursue their interest in public service at the collegiate level. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby awards the 2024 Hal Baldwin Scholarship in the amount of $5,000 to Connor Gobin, $2,5000 to Javon Toliver, and $2,500 to Carlee Hoffmann. 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 _______, 2024. CITY OF SCHERTZ, TEXAS ________________________________ Ralph Gutierrez, Mayor ATTEST: _______________________________ Sheila Edmondson, City Secretary Agenda No. 13. CITY COUNCIL MEMORANDUM City Council Meeting:May 21, 2024 Department:Parks, Recreation & Community Servic Subject:Schertz Area Senior Center Operational Review (S.Gonzalez/L.Shrum) BACKGROUND In February of 2023 staff provided Council an operations review of the Schertz Area Senior Center. There had been some member complaints and various operational issues. Moving forward, the goals were: Y Staff committed to winning hearts and minds Utilize the Advisory Board to gain feedback on policies and procedures as well as behavior expectations of board members City staff asked for an enhanced commitment to the resolution of member complaints Level of service maintained (programming) Fine-tuning policy and procedures Measured approach to sanctions per the Code of Conduct Council also directed staff to perform a membership survey, work to consolidate policies into a Policy Manual, work to define roles between city staff and YMCA staff, and appointed a city councilmember liaison to the Senior Center Advisory Board. Staff returned to present to Council in May 2023 with the survey results, which were largely positive regarding class offerings, quality of lunches, staff and volunteer helpfulness, and feelings of belonging, etc. Staff also reported on the status of the Garden Project at the center, where the raised garden beds were to be expanded and a memorial tree wall installed. The Advisory Board is working on criteria to nominate individuals to be recognized on the wall. This discussion will update Council on all the above-mentioned initiatives as well as the survey results for 2024. Attachments Senior Center Update 5.21.24 SCHERTZ AREA SENIOR CENTER OPERATIONS REVIEW Lauren Shrum|Parks, Recreation, & Community Services Director City Council Meeting|May 21, 2024 RESPONSIBILITIES Senior Center Advisory Board Provide Input Recommend Programs & Policies City of Schertz Membership Software Nutrition Compliance YMCA Operations Nutrition Compliance Janitorial Light Maintenance Personnel Member Engagement Contract Oversight Utilities Building Maintenance Landscaping Member Survey Level of Service INITIATIVES Update from Council Meeting on May 23, 2024 Garden Project Level of Service Amended hours based on member feedback Working on: •Adding back programs -Nutrition, Trips, Evenings •Keeping up with Intake Forms •Communication Garden Project Addition Complete, tree planting to come Memorial Tree finalization Advisory Board working on Memorial Tree criteria CENTER OPERATIONS Survey Composition: Wufoo 11 Questions; 10 Scales, 1 Open Ended Response Rate: 133 (238 in 2023) 17% of Total Membership (784) •31% of Total Membership in 2023 37% of Active Membership (362) (Estimate) •84% of Active Membership in 2023 Collector Types: Online or In -Person E -mails Link: 124 | Paper Form: 9 Timeline: April 15 -26 SURVEY OVERVIEW SENIOR CENTER SURVEY Questions 1 -6 2024 Averages: •Staff: 8.94 •2023: 8.78 •1.2% Increase •Volunteers: 9.12 •2023: 8.7 •4.8% Increase •Welcome: 9.2 •2023: 8.84 •4.1% Increase •Friends: 8.66 •2023: 8.54 •1.4% Increase •Complaints: 7.64 •2023: 7.2 •6.1% Increase •Cleanliness: 8.5 •2023: 8.14 •4.4% Increase SENIOR CENTER SURVEY Question 7 Answered: 103Skipped: 30Average: 8.68 •2023: 8.67 0.1% SENIOR CENTER SURVEY Question 8 Answered: 116Skipped: 17Average: 8.59 •2023: 8.25 4.1% SENIOR CENTER SURVEY Question 9 Answered: 108Skipped: 25Average: 7.73 •2023: 7.39 4.6% SENIOR CENTER SURVEY Question 10 Answered: 127Skipped: 6Average: 8.91 •2023: 8.64 3% Programs 14% of responses (9) mentioned additional program offerings Lunch Program 9% of responses (6) mentioned improving on the taste of meals served Staff 22% of responses (14) mentioned staff -both positive & negative Positives 33% of responses (21) complimented Senior Center Staff/Instructors or Operations Operations 23% of responses (15) suggested changes to building operations Cleanliness 8% of responses (5) mentioned increasing cleanliness Answered: 64 Skipped: 67 Up 16.2% Down 17.2%Down 7%Same % Down 13.2 %Down 1 % COMMENTS & QUESTIONS