07-09-2013 MinutesMINUTES
REGULAR MEETING
July 9, 201.3
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 9,
2013, at 6:02 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael R. Carpenter
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present:
Executive Director David Harris
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tern Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
City Manager John Kessel
Executive Director Brian James
City Attorney Katherine Tapley
Mayor Carpenter called the Regular Meeting to order at 6:02 p.m.
INVOCATION AND PLEDGES OF ALLEGLANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS,
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
• _Wednesday, July 10, 2013 — Cibolo Town Hall meeting at 7:00 p.m, at the Schertz Civic
Center to discuss their Wal -Mart proposal, and another meeting scheduled for Thursday, July
18, 2013.
• Thursday, July 11, 2013 — Northeast Partnership Meeting, 11:30 a.m., at the Olympia Hills
Golf and Conference Center in Universal City.
• Friday, July 12, 2013 — Texas Municipal League Region 7 Dinner, 6:00 p.m. in Leon Valley,
more details will follow. Those interested in car pooling, please meet at Building #2 at 4:30
p.m.
• Monda y, July 15 2013 — Police Department as arranged for Mr. James T. Reese, PhD., to
come speak about Ethics Based Leadership and Achieving Success without Stress. The event
will be held at the Schertz Civic Center from 8:30 a.m. to 4:00 p.m.
• Tuesday, July 16, 2013 — Schertz Chamber of Commerce meeting at .11:30 a.m., Schertz
Civic Center.
07 -09 -2013 Minutes Page - 1 -
• Monday July 15, 2013 -- YMCA of Greater San Antonio will be hosting a session with the
Mayor and Council on working with the youth, volunteerism, and civics. The event will be
held at the City Council Chambers at 10 :00. a.m. Updated information will be emailed.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who gave kudos to the Wellness
Champions that recently participated in the Schertz Health Fair.
Mr. Kessel stated he received a thank you letter from Dean Danos, Executive Director of
Alamo Area Council of Governments (AACOG) thanking the City of Schertz for allowing
them to host the Alamo Area Regional Law Enforcement Academy (AARLEA) police cadet
graduation ceremony at our Civic Center.
Mr. Kessel also gave kudos and thank you to all those involved, who worked and volunteered
in making the 0 July Jubilee a great success.
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.
1411 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.
Mayor Carpenter recognized the following who spoke:
• Ms. Maggie Titterington, Schertz Chamber of Commerce President who provided an update
on the Chamber events.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke on the new Wal -Mart and concern
regarding the potential loss of revenue to the City. Mr. Azzoz again addressed his concern as
to why the City Manager and City Attorney sit on the dais. He also spoke on the comment
made by Mayor Carpenter to Mrs. Clare Layton.
Consent Agenda Items
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
07 -09 -2013 Minutes Page - 2 .
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 25, 2013, and the minutes of the Special Meeting of July '2, 2013. (J.
Kessel/B. Dennis)
2. Ordinance No. 13 -T -19 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment to recognize an additional transfer from the CPS CIED Fund for an
electrical upgrade project off Graytown Road; repealing all ordinances or parts of ordinances
in conflict with this ordinance; and providing an effective . date. Final Reading (J.
Bierschwale/B. James)
The following was read into record:
ORDINANCE NO. 13 -T -19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO RECOGNIZE AN ADDITIONAL
TRANSER FROM THE CPS CIED FUND FOR AN ELECTRICAL UPGRADE
PROJECT OFF PFEIL ROAD; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
3. Resolution No. 13 -R -53 — Consideration and/or action approving a Resolution authorizing
an Interlocal Agreement with the City of Selma regarding the use of a sewer line in
Kensington Ranch. (J. Bierschwale /J. Hooks)
The following was read into record:
RESOLUTION NO. 13 -R -53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A INTERLOCAL AGREEMENT WITH THE CITY OF SELMA
RELATING TO SANITARY SEWER CONNECTIONS - KENSINGTON RANCH,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmember Scagliola, to approve the consent agenda items 1, 2 and 3. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes and no one voting no. Motion Carried.
Mayor Carpenter recognized Mr. Zack Salas of Boy Scout Troop 51 who came forward introducing
himself stating that he was here this evening working on his Citizenship in the Community merit
badge.
Discussion and Action Items
4. Ordinance No. 13 -S -20 — ZC2013 -006 - Conduct a public hearing and consideration and/or
action upon a request to rezone approximately 2.668 + /- acres of land from General Business
District (GB) to Planned Development District (PDD). The property is more specifically
described as Lot 6, Block 1, of the Hubertus Retail Subdivision as recorded in Document
07 -09 -2013 Minutes Page - 3 -
#200806006465, plat records, Comal County, Schertz, Texas generally located at the southwest
corner of FM 1103 and IH 35. First Reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13-S-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY
REZONING APPROXIMATELY 2.668± ACRES OF LAND FROM GENERAL
BUSINESS DISTRICT (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD), LOT
6, BLOCK 1, HUBERTUS RETAIL SUBDIVISION, CITY OF SCHERTZ, COMAL
COUNTY, TEXAS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
FM 1103 AND III 35; AND OTHER MATTERS IN CONNECTION THEREWITH AND
PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Development Services Director Michelle Sanchez who
introduced this item stating that the applicant is proposing to rezone approximately 2.668+
acres of land generally located at the southwest corner of FM 1103 and 11135 from General
Business District (GB) to Planned Development District (PDD). The subject property is
currently vacant and the applicant has indicated the desire to construct a Mini -
Storage/Public Warehouse facility with no less than 3.8% of the net leasable area of the
primary structure as leasable office spaces with entrances facing the exterior.
Ms. Sanchez stated the proposed PDD will include a base zoning district of the current
General Business District (GB) and in. addition will allow a mixed use Mini -
Warehouse/Public Storage and Office Space to develop on the site. The property will be
developed in accordance with the UDC as amended, except as outlined in the PDD. The
PDD has outlined several standards that will waiver from the UDC as they relate to Mini -
Warehouse/Public Storage.
She stated staff reviewed the request for conformance with the Comprehensive Land Plan.
The Future Land Use Plan (FLUP) designates the subject property for Industrial/Business
Park which is defined in the Comprehensive Land Plan as areas for industrial uses; clusters
of technology and research and development campus; and educational institutions. Staff has
been contacted by a fast food restaurant proposing to occupy a lot that is adjacent to the IH
35 frontage road. Although we have not received an application for the potential restaurant,
staff feels that the Mini- Warehouse/Public Storage could provide a transition zone and/or
buffer for the residential neighborhood because a fast food restaurant generates considerably
more traffic, noise and odor than the proposed use.
Ms. Sanchez stated the Planning and Zoning Commission conducted the public hearing on
June 12, 2013 and offered a recommendation of approval by a unanimous vote.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 13 -S -20 be approval based on a changed condition to the Comprehensive Land
Use Plan reflected in the North Schertz Sector Plan (Gateway Plan) currently in process.
Staff recommends approval of first reading.
07 -09 -2013 Minutes Page - 4 -
Mayor Carpenter opened the public hearing and recognized the following who spoke:
• Ms. Maggie Titterington, Schertz Chamber President who spoke in favor of the
rezone and support for the facility.
• Mr. Robert Brockman, 1000 Elbel Road who asked if a storage facility was allowed
in General Business. He also asked would this be considered spot zoning. Mr.
Brockman inquired about the access times of the facility.
As no one else spoke, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized the applicant, Mr. Jeff Bailey, 5131 Broadway, San Antonio, who
came forward providing a brief PowerPoint of the facility addressing Mr. Brockman's concern
regarding access times of the facility. Executive Director of Development Brian James and
Development Services Director Michelle Sanchez addressed Mr. Brockman's concern
regarding the zoning, stating it is part of the Gateway Sector Plans that the City has been
working on, that the use was appropriate.
Mayor Carpenter recognized Mayor Pro -Tern Edwards, who moved, seconded by
Councilmember Antuna, to approve Ordinance No. 13 -S -20 on first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Yerinder voting yes and no one voting no. Motion Carried
5. Ordinance No. 13 -S -21— Conduct a public hearing and consideration and/or action approving
an Ordinance amending the Comprehensive Land Plan associated with the North and South
Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other
matters in connection therewith. First reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13 -S -21
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE COMPREHENSIVE LAND USE PLAN AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director of Development Brian James who stated
that this item and the next are related in what we call the North, South and Downtown
Gateway Plan. Mr. James stated that what Council has before them is the amendment to the
City's Comprehensive Lane Use Plan to adopt by reference the Gateway Plan as part of it.
He referenced the Executive Summary that was provided stating that in advance; assuming
approval tonight put the last line stating "the Sector Plan was adopted into the
Comprehensive Land Use Plan on July 16, 2013 ". This is so that someone reading this later
on will see that on July 16, 2013 the City Council amended the Comprehensive plan and
adopted the Gateway Plan by reference. The two documents will be used together in
conjunction to set the vision of the City. This document also updates the City's future land
use plan. He stated Council will see a copy of the proposed future land use plan for the areas
where Gateway did the work for north and south Schertz areas modifying the land use
designations per their plan. Mr. James stated the rest of the City Plan has been left as is with
the current plan with one exception. The area of Crescent Bend Park was changed as Park
07 -09 -2013 Minutes Page - 5 -
and open space per the recommendation of the Planning and Zoning Commission. Mr. James
stated that members of the Gateway team were here this evening to answer any questions.
Mayor Carpenter opened the public hearing and as no one spoke, Mayor Carpenter closed the
public hearing. Mayor Carpenter recognized Councilmember Fowler who asked Mr. James
to again explain the reference made on the Executive Summary. Mr. James stated this was
referenced so should someone reading this later would know that on July 16, 2013 the City
Council amended the Comprehensive plan and adopted the Gateway Plan by reference.
Mayor Carpenter recognized Mayor Pro -Tem Edwards, who moved, seconded by
Councilmembcr Verinder, to approve Ordinance No. 13 -S -21 on first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verin der voting yes and no one voting no. Motion Carried.
6. Ordinance No. 13 -S -22 — Conduct a public hearing and consideration and/or action approving
an Ordinance amending the Unified Development Code (UDC) associated with the North and
South Schertz Sector Plan; and the Historic Downtown Schertz Plan (Gateway Plan), and other
matters in connection therewith. First reading (B. James/M. Sanchez)
The following was read into record:
ORDINANCE NO. 13 -S -22
AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Carpenter recognized Executive Director of Development Brian James who stated
that this item is the second part of the adoption of the City's plan incorporating the
recommended changes into the Unified Development Code (UDC). Mr. James stated that
this is not a plan that sits on the shelf, this is a plan which they expect every three or four
months that the Planning and Zoning Commission, City Council and members of the
community agree to say lets look at the implementation, what are we actively working on to
implement the vision. This is the first stage in the step to modify our UDC to create the base
zoning districts, to create the overlay districts, and create those special development districts
to bring about the vision of the future of Schertz. This allows us to begin the process.
On June 26, 2013 the Planning and Zoning Commission recommended amending the UDC to
incorporate the proposed changes.
Staff recommends that the public hearing be conducted and that the first reading of
Ordinance 13 -S -22 amending the UDC to incorporate the changes proposed as pat of the
North and South Sector Plan and the Historic Downtown Schertz Plan (Gateway Plan) be
approved. Staff recommends approval of first reading.
Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter
closed the public hearing. Mayor Carpenter recognized Mayor Pro-Tem. Edwards who stated
that the Planning and Zoning Commission had a big part in revising the UDC and asked if
07 -09 -2013 Minutes Page - 6 -
they were in agreement with the amendment. Mr. David Richmond, Planning & Zoning
Chair, agreed.
Mayor Carpenter recognized Councilmember Verinder who stated that this document shows
very extensive and comprehensive hours and hours of staff and members of our various
boards and commissions time. What this says to him and to everyone in the City, we need
tools to make us grow and move forward. Councilmember Verinder stated this was an
excellent set of tools. This is a futuristic document that will give the City the needed pieces.
It's comprehensive. It represents the City well in a good balance between development and
preservation. He highly recommends the Council approve this.
Mr. James stated that staff in all departments did a lot of work on this in terms of reviewing
the document, looking at the concepts.
Mayor Carpenter stated that those may not know, but Councilmember Verinder prior to
coming to the City came from Virginia where he held a similar role as a Councilmember and
someone with that experience coming from the outside seeing what we have done here and
having that kind of view and feedback, he thinks at a minimum says we are on the right track.
This type of outside experience and perspective is value to the Council. Mayor Carpenter
appreciated Councilmember Verinder's comments.
Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by
Councilmember Verinder, to approve Ordinance No. 13 -S -22 on first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes and no one voting no. Motion Carried:
7. Ordinance No. 13 -T -23 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment from the Aviation Heights Phase S Waterline Project to the Maske Road
Waterline Project, repealing all Ordinances or parts of Ordinances in conflict with this
ordinance; and providing an effective date. First Reading (J. BierschwalelJ. Hooks)
The following was read into record:
ORDINANCE NO. 13 -T -23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT FROM THE AVIATION HEIGHTS
PHASE 5 WATERLINE PROJECT TO THE MASKE ROAD WATERLINE
PROJECT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who introduced
this item stating that no waterline exists on Maske Road. The City of Schertz is in process of
constructing the Soccer Complex on Maske Rd that requires water service. Public Works
also needs to extend a water line from the high pressure zone to the 20" water line that
delivers water to Universal City to improve the flow. Council approved a contract with Ford
Engineering on June 11, 2013 for engineering and design services for the project.
07 -09 -2013 Minutes Page - 7 -
Public Works is ready to begin the bid and construction process for the water line. To do so,
a budget transfer is necessary to move approved funds from the Aviation Heights Phase 5
Waterline Project to the Maske Road Waterline Project.
Revised Budget Estimate
Engineering
$65,905
Construction
$269,224
Legal
$5,000
Advertising
$500
Other Prof. Services
$5,000
Contingency
$7,640
Construction Contingency
$14,250
Project Total
$367,519
Staff recommends approval to transfer $367,519 from the Aviation Heights Phase 5
Waterline Project to the Maske Road Waterline Project. Staff recommends approval. Mr.
Hooks addressed questions from Council.
Mayor Carpenter recognized. Mayor Pro -Tern Edwards, who moved, seconded by
Councilmember Scagliola, to approve Ordinance No. 13 -T -23 budget adjustment to the fund
the Maske Road Waterline project for $367,519. The vote was unanimous with Mayor Pro -
Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting yes and
no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the agenda
items 1 through 7.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No finther announcement were given.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested at this time in the agenda. Please see below where Mayor Carpenter and
Council came out of executive session to revisit this item.
10. Requests by Mayor and Councihnembers to City Manager and Staff for information.
No information requested.
07 -09 -2013 Minutes Page - 8 -
11. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized MYor Pro -Tem Edwards who thanked all the staff members
and volunteers who worked the 4 July Jubilee event.
Mayor Carpenter recognized Councilmember Fowler who stated that the 4"' July Jubilee
event was a great event. Councilmember Fowler also stated that on Friday, June 28, 2013 he
attended the Hog Wild 2013 Continuing Education Seminar for Elected and Appointed
Officials, which was hosted by Denton, Navarro, Rocha; & Bernal.
Mayor Carpenter recognized Councilmember Scagliola who stated that on Tuesday, July 2,
2013 he attended the U.S. Air force Band of the West event. Councilmember Scagliola also
stated he attended 4t" July Jubilee event.
Mayor Carpenter recognized Councilmember Antuna who thanked all the staff and
volunteers who made the 4t;' July Jubilee event a success. He stated the event gets bigger and
better every year and it is a true testament to the work we are doing. Councilmember Antuna
stated he is always hearing compliments from different organizations and members on the
work we are doing in the City everything from economic development to quality of life.
Mayor Carpenter recognized Councilmember Verinder who stated that we watched the Fox
News report on the new jobs and job creations in the area and in the background was the
Amazon.com building construction. He stated that Economic Development Director David
Gwin was providing the announcement on the upcoming job fair.
Councilmember Verinder also stated that the 4t" of July Jubilee was fantastic, and being a
judge for the barbecue was great and hope they invite him back next year.
He stated that he and Councilmember Fowler attended on Monday July 1, 2013 the
Emergency Management table top exercise with the different city departments. He stated the
discussions were fantastic. Councilmember Verinder stated he will be attending the Friday,
July 12, 2013 TML Region 7 Meeting in Leon Valley.
Mayor Carpenter stated that the 4th of July Jubilee event as you watch it comes off so
smoothly as you watch it from outside. The work that it takes from the staff and the
volunteers to make it look that way is no small task. Again, on record, thank you so much to
the staff and the many volunteers. He stated that he knew they were on to something good
when he received a call from the Mayor of Selma saying that he thought they had forgotten
to get their entry into the parade, and could he help. When he calls asking to be part of the
parade, we as the City have arrived at the proper place. Mayor Carpenter also stated that it
was whispered in his ear that there is conjecture that we may be the largest 4th of July
07 -09 -2013 Minutes Page - 9 -
celebration in the San Antonio metro area. He stated that if we could confirm that, then
maybe we could add another sign on our billboard going toward San Antonio that could
reflect this.
Mayor Carpenter also mentioned that the Northeast Partnership, which is made up of nine
cities in the metrocom area has begun having a workshop session in addition to their monthly
meetings. One of the items which came out of one of their recent Northeast Partnership
meetings was signing a resolution supporting Schertz, Seguin Local Government regarding
opposing a proposed Landfill which would be placed on the edge of our primary water
source.
Mayor Carpenter also stated that they had their first ever meeting of the Mayor's from the
County of Guadalupe and the County Judge. He stated that nothing has been set up formally
but right now it is an informal gathering where they are coming together talking about things
of interest to all the cities and to the County as a whole. This type of collaboration together
will move all of us into the future.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7.22 p.m
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 8:51 p.m.
12. Take any action deemed necessary as a result of the Executive Session.
Mayor Carpenter stated that Council would be moving back to agenda Item 9. Mayor
Carpenter recognized Councilmember Fowler who requested a workshop item be placed
on the next agenda to discuss the City Council Rules of Procedure, and the City Charter.
Mayor and Council concurred.
Adjournment
07 -09 -2013 Minutes Page - 10 -
As there was no further business, the meeting was adjourned at 8:52 p.m
G eMayor, Michael R. Carpenter
T: cretary, Bren a Dennis
07 -09 -2013 Minutes Page - 11-