Loading...
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-