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09-03-2013 MinutesNIINUTES REGULAR MEETING September 3, 2x1.3 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 3, 2013, at b:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas, The following members present to-wit: Mayor Michael Carpenter Councihnember David Scagliola Councihnember Cedric Edwards Councilmember Sydney Verinder Mayor Pro-Tem Jim Fowler Councilmember George Antuna Staff Present: Executive Director David Harris Executive Director Brian Jaynes City Attorney Katherine Tapley Deputy City Secretary Donna Schmoekel CALL TO ORDER: City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to oxder at 6:02 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE iTNITED STATES AND THE STATE OF TEXAS. Pastor Garry Shelton, Church of God by Faith Spirit of Life; gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Ci Events and Announcements • Announcements of upcoming City Events (D. HarrislJ. BierschwaleB. James} Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: • Friday, September 6, 2013 -1:00 p.m. at the Schertz Senior Center, b0$ Schertz Parkway, meeting to discuss activities and programming of the Senior Center. • Announcements and recognitions by City Manager (J. Kessel} Mayor Carpenter recognized City Manager John Kessel who stated that the new Police Chief has been asking and collecting a large amount of data for the police department to get to know the department and go over some of the issues. Mr. Kessel stated that Chief Hansen had sought assistance from the IT and GIS Departments to assist in putting the information collected into a readable format. Mr. Kessel read emails from Mr. Myles Clausen, IT, and Mr. Tony McFalls, GIS, regarding their assistance. This data is being- collected to adjust our shifts to be more effective and efficient. Mr. Kessel stated that this is a great example of team work and thanked the departments for their assistance. 09-03-2013 Minutes Page -1 - Presentations • Proclamation National Payroll Week (Rebecca Lynch with the American Payroll Association} Mayor Carpenter read and presented the proclamation for National Payroll Week to Rebecca Lynch with the American Payroll Association. Mrs. Lynch thanked the City for their support. Mayor Carpenter moved to the Hearing of Residents section of the agenda. Hearin 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 mare than 3 minutes. Ali 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: • Mr. Richard Dziewit, 2550 Chasefield Drive, who addressed questions regarding the tax rate structure that was .approved at the $0.4974 amount. He addressed questions regarding the forecasted expenses and revenues for the coming year. He also asked his concern regarding the item that was approved last week regarding the refunding of the Parkland Dedication fees and Parkland Development fees, and if the City has sufficient funds so not to reduce the M&O fund. • Mr. Grumpy Azzoz, 52$ Wayward Pass, who had signed up to speak on the tax and the Operation Comfort program - Mr. Azzoz withdrew his request to speak. • Mr. Robert Brockman, 1000 Elbel Road, who spoke regarding the school zone times fox Schertz Parkway and Elbel Road. Executive Director of Development Brian James stated that the City is working on a revised Ordinance to revise the times and will be bringing it to Council next week. • Mrs. Maria Scagliola, 3418 Foxbriar Lane, who spoke on the approval of renaming of Northcliffe Park to Wendy Swan Memorial Park. Mrs. Scagliola provided extensive history information regarding Wendy Swan and all her efforts in creating the Northcliffe Park. • Ms. Maggie Titterington, Schertz Chamber President, who provided an update on the Chamber events. L 09-03-2013 Minutes Page - 2 - w.~ rl~hap • Presentation and consideration and/or action authorizing an Official Neighborhood Park Name Change. {B. James/G. Logan) A: Resolution No. 13-R-5S -Consideration and/or action approving a Resolution authorizing an official Neighborhood Park Name Change from Northcliffe Park to Wendy Swan Park, and other matters in connection therewith. (B. JameslG. Logan) The following was read into retard: RESOLUTION NO. 13-R-68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN OFFICIAL NEIGHBORHOOD PARK NAME CHANGE FROM NORTHCLIFFE PARK TO WENDY SWAN PARK, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Parks, Recreation and Community Services Director George Logan who stated that Mrs. Scagliola had said it all earlier. Mr. Logan stated action requested of Council approves a Resolution changing the name of Northcliffe Park to Wendy Swan Memorial Park. Staff recommends approval. Mayox Carpenter recognized Councilmember Scagliola, who moved, seconded by Councilmember Edwards, to approve Resolution 13-R-6$ changing the name of Northcliffe Park to Wendy Swan Memorial Park. The vote was unanimous with Mayor Pra-Ten Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried. • Discussion regarding sidewalks on FM 3009 {Mayor CarpenterlJ. Bierschwale) Mayor Carpenter stated that he had asked that this item be placed on the agenda because he and Councilmember Edwards spent time last week with a neighborhood association up in the Oak Forest. One of the items discussed was the future of sidewalks on FM 3009. Mayor Carpenter provided a little background of history stating that. back in the 2005, 2006 and 2007 timeframe the Mayor and the Council resisted the idea of sidewalks on FM 3009 due to it being a thoroughfare where pedestrian traffic would be unsafe, and at that time they discouraged foot traffic on either side of FM 3009. Regardless of what they thought and did, citizens are walking along both sides. -Mayor Carpenter stated that he brought this up because pertinent to that feeling back then, we made it a policy, because the Ordinance allowed us to~ not require new development to put in sidewalks. Mayor Carpenter stated the reason that he asked this item be placed on the agenda was because he wanted to know if the Council wanted to continue this as our policy position or if in the long term do they want to see sidewalks on FM 3009; then we need to make changes to the way we have our policy and need to engage more with and other potential funding sources to get a project going that will finish in possibly a decade. Mayor Carpenter wanted to hear the comments from the Council regarding this subject. 09-03-201.3 Minutes Page - 3 - Mayor Carpenter recognized Councihnember Edwards who stated that his office faces FM 3009 and he has witnessed citizens walking through the ditch to walk along FM 3009 or ride their segway in the middle of FM 3009, this is being done on a regular basis. Councihnember Edwards stated that he believes that we have come to a situation now with the amount of urbanization and the amount of density we have on FM 3009 it is absolutely imperative we put some type of walk way for the pedestrians. He stated that this is a project that will need to be phased in and he would like to see this happen. Mayor Carpenter recognized Executive Director of Operations John Bierschwale who stated that since the late 70's he remembers this was an item the Council wanted to avoid having foot traffic on FM 3009 because it is a dangerous highway due to the speed. He stated that in the beginning they look at sidewalks and at that time less than 1% of citizens would be using them, so Council opted not to put sidewalks in. Mr. Bierschwale stated that back in 2006 Don McCrary sought a grant, the estimated cost at that time was $4M, the grant sought was with and it was denied because felt it was a rural road and they did not fund sidewalks for rural xoads. Going through time and to Councils request he would suggest working with the businesses. He stated that staff has met with the City of Cibolo and the County to see if this could be a joint project, Mr. Bierschwale stated that Mr. Englehardt before he left had commissioned a study; this study is being done through a company in Houston. is looking at a master plan to see haw much it is going to cost and what it is going to take to put in a sidewalk. The City has not heard back from, but he understands that it will be 2 to 4 years before matching funding will be available. Mr. Bierschwale stated he is unsure how much it will cost today, but believes it will be over $SM for a sidewalk system. With Councils direction and making changes to the UDC to require construction of sidewalks, we will at least have that portion solved, which will reduce the cost for the rest of FM 3009. ,the City of Schertz and the City of Cibolo, and the County arc interesting in talking about this project moving forward as they see the volume. Mayor Carpenter again recognized Councilmember Edwards who stated that when he hears the term sidewalks, he thinks of concrete. This could. be off the main road; it could be made with a type of asphalt that could be connected with our parks and trail system. Mr. Bierschwale stated that whatever we desire has to comply with 's standards, and they would speak to see if we could make it a hike and bike trail system. We have to see what will accept to implement with the commercial businesses as they come in to our City. Mayor Carpenter recognized City Manager John Kessel who stated that we are already seeing sidewalks on FM 3009 from lH 3S going toward Garden Ridge, which were installed by with the reconstruction, . if you look aver near Live Oak on the Cibolo side, there is a new Nursing home that was constructed and it has a side walk. The City of Cibolo is currently requiring sidewalks on FM 3009 incompliance with 's standards. Mr. Kessel stated that staff will work with on potential design changes, but first let us move toward that direction. Mr. Kessel stated that from a personal note he has jogged along FM 3009 and he has also seen Councilmember Verinder walking from his subdivision to the HEB area. He stated that our entire community is about getting out and walking or jogging. He would like staff to continue pursuing the idea of sidewalks along FM 3009. Mayox Carpenter recognized Mayor Pro-Tem Fowler who provided his comments stating that several years ago when the City was discussing the hike and bike trail systems it was ~ brought up during that time to connect a system along the FM 3009 area going up toward 09-03-2013 Minutes Page - 4 - HEB and behind some of the frontage, and asked what the status was. Parks and Recreation Director George Logan stated that the opportunity exists; the funding is available through the Texas Parks and Wildlife Department to put some trails along the creek and trail area. The big concern is that there is a safety factor on FM 3009; he believes the City needs to continue the pursuit of sidewalks. These would be very safe with respect to and the demand to be used. Mayor Pro-Tem Fowler also agrees to pursue the idea. Mayor Carpenter recognized Councilmember Verinder who expressed his desire to have a sidewalk at least on one side, stating it is a great opportunity and to move forward to see how it could happen. Mayor Carpenter stated he believes this project could be a partnership agreement, to allow staff to pursue the direction moving forward and make it a policy of the Council that they want to explore the passibility for pedestrian walkways on both sides of FM 3009, Consent A enda Items L Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of August 27, 2013. (J. Kessel/B. Dennis) 2. Ordinance No. 13-T-33 -Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a budget adjustment to refiuid Parkland Dedication fees and Parkland Development fees to three developers that overpaid Parkland Dedication and Development fees specified by Resolution 08-R-09; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance and providing an effective date. Final Reading {B. James/M. SanchezJG. Logan) The following was read into record: ORDINANCE N0.13-T-33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO REFUND PARHI,AND DEDICATION FEES AND PARKLAND DEVELOPMENT FEES ~ TO THREE DEVELOPERS THAT OVERPAID PARKLAND DEDICATION AND DEVELOPMENT FEES SPECIFIED BY RESOLUTION 08-R-09; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councihnember Scagliola, who moved, seconded by Mayor Pro-Tem Fowler, to approve the consent agenda items 1 and 2 as presented. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and T~erinder voting yes and no one voting no. Motion Carried. Mayor Carpenter recognized City Manager john Kessel who stated that the nature of the Parkland Development Fees is a restricted fund and has no impact on the M&O, which was an answer to Mr. Dziewit question earlier. 09-03-2013 Minutes Page - 5 - Discussion and Action Items 3. Resolution No. 13-R-71 -Consideration andlor action approving a Resolution authorizing Tnterlocal Agreements with Multiple Governmental Entities for the provision of Emergency Medical Serviccs, and other maters in connection therewith. (J. Bierschwale/D. Wait) The following was read into record: RESOLUTION NO. 13-R-71 A RESOLUTION 'BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING INTERLOCAL AGREEMENTS WITH MULTIPLE GOVERNMENTAL ENTITIES FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EMS Director Dudley Wait who introduced this item stating that since its inception in 1974, the City of Schertz's Emergency Medical Services has provided regional arribulance transportation. Currently we serve the communities of Schertz, Cibolo, Live Oak, Marion, Santa Clara, Selma and Universal City. We also serve Comal County ESD 6 which includes the City of Garden Ridge, the Bracken community and the areas along FM 3009 to its terminus with State Highway 4b. (here after known as Customers) We have served all but 2 of these Customers since 1974. Each of these Customers has always contributed financially to the provision of these services with the "per capita" funding formula being adopted in the late 1990's. In FY 2005-06, the City entered into our fixst multi-year Interlocal Agreement with all of our Customers. This was done to enable Schertz and our Customers to better plan for capital purchases and other long term needs. The first multi-year interlocal agreement was for three years and when it terminated in FY 2007-OS, all of our Customers agreed to a five year agreement. This five year agreement will terminate at the end of this current f scal year. In preparation for this, we have met with each of our Customers to seek agreement on another five year Interlacal agreement. Each Customer has agreed to this extension. Fiscal Impact: The per capita fees received from our Customers makes up 49% of our annual cash collections or 30% of total revenue. With this five year extension, the per capita rate is being increased 3% (from $12.58 to $12.96} and up to 3% annual adjustments are called for in each year of the agreement going forward. Staff recommends approval. Mayor Carpenter recognized Cauncilmember Scagliola, who moved, .seconded by Councilmember Edwards, to approve Resolution 13-R-71. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmemhers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried. 4. Appointments/Reappointments and Resignations to City Boards, Commissions, Commrt#ees -Consideration andlor action regarding appointments/reappointments and resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis} i • Appointment of Patti Dilworth and Joanne Ward as Regular Members to the Library Board 09-03-2013 Minutes Page - 6 - • Appointment of Howson Lau as Alternate #1 and Timothy Mithofer as Alternate #2 to the Library Board. • Appointment of Johnie McDow from Alternate #2 to Alternate #1 to the Parks and Recreation Advisory Board • Appointment of Reginna Agee as Alternate #2 to the Parks and Recreation Advisory Board Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by Mayor Pro-Tem Fowler to appoint Patti Dilworth and Joanne Ward as Regular Members to the Library Board, appoint Howson Lau as Alternate #1 and Timothy Mithofer as Alternate #2 to the Library Board, appoint Johnie McDow to Alternate #1 to the Parks and Recreation Advisory Board, and appoint Reginna Agee as Alternate #2 to the Park and Recreation Advisory Board. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried, S. Resolution No. 13-R-72 -Consideration andlor action approving a Resolution designating a particular axea, particular dates and particular times for the "Gridiron Heroes" special event. {B. James/G. Logan) The following was read into xecord: RESOLUTION N0.13-R-72 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR THE "GRIDIRON HEROES" SPECIAL EVENT AND LIVE BAND IN PICKRELL PARK, AUTHORIZING EXTENTION OF PARK HOURS; AUTHORIZING EXTENTION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEHICLES IN PARTICULAR PARK AREAS. Mayor Carpenter recognized Parks, Recreation and Community Services Director George Logan who introduced this item stating the Gridiron Heroes special event will be held at Pickrell Park on Friday and Saturday nights, September 13th & 14th, 2013. Event attendees and volunteers, working the "Gridiron Heroes and Live Music" special event will likely be in the park beyond the curfew hours of 11:00 p.m. each night. Gridiron Heroes provide funding for student athletes who are impacted by and suffer from spinal cord injuries playing football. This resolution will waive the pavilion fees, park curfew hours, noise ordinance restrictions and the parking of motorized vehicles at Pickrell Park for the volunteers and band members for the hours from 11:00 p.m. to 1:30 a.m. in the early morning hours of September 13, 2013 and September 14, 2013. Mr. Logan stated they have provided the City with a copy of their insurance for $1,000,000.00 naming the City as additional insured. Staff recommends approval. Mr. Logan introduced Ms. VeVe Gregg who was present. Ms. Gregg invited Mayor Carpenter to come out and throw the first ball on September 13, 2013 at 7:00 p.m. Ms. Gregg provided handouts to the Softball Showdown. 04-03-2013 Minutes Page - 7 - Mayor Carpenter recognized Councihnember Edwards, who moved, seconded by Councilmember Scagliola, to approve Resolution No. 13-R-72. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmemhers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried; 6. Ordinance No. 13-T-34 -City of Schertz FY 2013-14 Budget - Consideration and/or action . approving an Ordinance on the proposed FY 2013-14 Budget. Final Reading (J. KessellJ. Walters} The following was read into record: AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Budget & Finance Analyst James Walters who provided a brief Power Paint presentation regarding the proposed FY 2013-14 budget. The following information was included: Budget Highlights: Elevated Water Tank Construction Master Communication Plan Phase 1 Council Chamber Improvements New Vacuum & Router Truck for Public Works Northcliffe Waterline Replacement Change Memo 9-03-2013 Adjust the General Fund to reflect the actual Health Insurance increase of 5% Increased Contingency for Temporary Employees to cover extended leave situations The two adjustments offset each other and there will be no change to the overall General Fund Budget. ORDINANCE NO. 13-T-34 All Funds -Expenses: General Fund Special Events Fund PEG Fund Water & Sewer Fund EMS Fund FY 2012-13 Budget $21,888,943 $ 131,300 $ 131,000 $16,679,539 $ 5,857,199 FY 2013-14 Proposed $22,631,299 $ 147,100 $ 361,500 $19,015,038 $ 6,873,232 09-03-2013 Minutes Page - 8 - Drainage Fund $ 959,088 $ 1,039,008 Hotel Tax Fund $ 491,945 $ 508,288 Park Fund $ 246,484 $ 40,000 Tree Mitigation $ 96,525 $ 139,525 Capital Recovery Fund $ 3,765,624 $ 2,326,109 Tax I&S Fund $ 5,201,936 $ 5,596,775 Historical Committee $ 5,650 $ 5,650 Parks & Recreation $ 271,762 $ 275,250 Foundation SEDC $ 2$ 2 6.~74~ $ 30,554 Total $58,401,439 $62,033,328 General Fund: Revenues $23,125,022 Expenditures 22,631,299 Increase of Fund Balance 493,723 Begiruung Fund Balance 3,976,709 Ending Fund Balance 4,470,432 25% Requirement Policy $ 5,640,325 The Current Tax Rate: Total Change in Expenditures $231,000 New Programs $323,000 Capital Purchases $551,000 Maintain Current Level of Service $1,105,000 Total Increase $ 506,000 Reserve Funding General Find Capital Purchases: • Replace Vehicle for Marshal Services • Purchase of 2 Vehicles for Streets {reimbursed by Water) • Council Chamber Improvements (reimbursed by court security, court technology, and hotel tax restricted funds) • New Email Server and Set up • Increase the amount of Desktop replacements Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by Councilmember Scagliola, to approve Ordinance No. 13-T-34 on final reading. The vote was unanimous with Mayor Pro-Tem Fowler, Councilmemhers Scagliola, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried. 09-03-2013 Minutes Page - 9 - 7. Ordinance No. 13-T-3S -Tax Rate for Fiscal Year 2013-14 -Consideration andlor action approving an Ordinance on the proposed FY 2013-14 Tax Rate. Final Reading (3'. KesseU7, Walters) The following was read into retard: ORDINANCE NO. 13-T-35 AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. Walters provided a brief PowerPoint covering the following highlights: Tax Rate: Effective: The tax rate which, on average, will keep the tax bill the same as in 2012. Current: The rate currently adopted by the City. Preliminary: The maximum rate set at which the final adapted rate cannot exceed. Rollback: The rate if exceeded allows citizens to initiate a rollback election. The results of this election can reduce the adopted tax rate back to the rollback rate. Tax Rate Effective: $0.4829 Current: $0.4999 ~ Proposed budget is balanced at this rate Preliminary: $0.4999 Rollback: $0.5218 $0.01 is equal to $247,60$ revenue or $16.47 on the average home. Target Tax Rate: Tax Rate Current Preliminary Tax Rate Alternative M&O $0.2993 $0.3035 $0.3010 I&S $0.2006 $0.1964 $0.1964 Total $0.4999 $0.4999 $0.4974 M&O Impact $0 $103,740 $41,990 FY 2018 Projections: Current Recommended Alternative Revenue $25,390,198 $25,513,711 $25,440,722 Expense $(25,560,569) $(25,560,569) $(25,560,569) Reserve Funding $(171,371) $(46,858) $(119,847) M&O Fund Balance $4,981,568 $5,664,192 $5,219,895 25% Goal $6,375,142 $6,375,142 $6,375,142 Over/LTnder ${1,393,574) $(810,950) $(1,155,247) d9-03-2013 Minutes •• Page - 10 - Budget Calendar FY 2013-14 July 31 File with City Secretary, Budget Workshop August 6 Budget Workshop, vote to place a preliminary tax rate on the agenda, and schedule public hearings August 13 Budget Workshop August 15 First Community Budget Presentation August 20 First Public Hearing August 21 Second Community Budget Presentation August 27 Second Public Hearinig, First Vote September 3 Second Vote October 1 Budget goes into effect Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by Councilmember Edwards that the property tax ra#e be increased by the adoption of ~ tax rate of $0.4974, which is effectively a 3.00% increase in the tax rate. The vote was unanimous with Mayor Pro-Tem Fowler, Cauncilmembers Scagliala, Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carrier 8.. Ordinance Na. 13wS-36 - ZC2011-014 - Conduct a public hearing and consideration andlor action upon. a reduest to rezone approximately 194.56E acres of land from Predevelopment (PRE} 186.9$ acres and General Business (GB) 7.58 acres to Planned Development District {PDD), The property is more specifically described as a portion of the John Noyes Survey Number 259, Abstract Number 253, City of Schertz; Guadalupe County, Texas generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road and proposed as the Parklands Subdivision. First Reading {B. James/M. Sanchez} The following was read into record: ORDINANCE NO. 13-5-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11-S-1S BY REZONING APPROXIMATELY 194.56E ACRES OF LAND FROM PREDEVELOPMENT (PRE) 186.98 ACRES AND GENERAL BUSINESS {GB) 7.58 ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD). THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JOHN NOYES SURVEY NUMBER 259, ABSTRACT N~iJ1VIBER 253, CITY OF SCHERTZ; GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKNARnT ROAD.; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. 09-03-2013 Minutes Page - 11- Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is proposing to rezone approximately 195 acres of land generally located 2,800 feet south of the intersection of the IH 35 frontage Road and Eckhardt Road. Currently, the property is zoned Predevelapment (PRE) and General Business (GB). The subject property is currently undeveloped and proposed as the Parklands Subdivision.- Eighteen {18} public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in The Daily Commercial Recorder and the Herald pxior to the City Council public hearing. Staff received one {1) response in favor and three {3) responses in opposition of the proposed request. The responses received in opposition expressed concerns with drainage and the potential for increase in taxes. Rolling Hills Ranch Development LLC is requesting to rezone approximately 195 acres of land generally located south of the intersection of IH 35 frontage Road and Eckhardt Road from Predevelopment (PRE), Residential Agriculture (R-A), and Planned Development District (PDD) to Planned Development District (PDD) to develop a single family residential neighborhood that provides a mix of residential lot sizes with open space and parkland. Staff has been working with the developer over the last several months to create a development that provides a pedestrian friendly environment that includes a neighborhood public park and school site. In addition to the park site to be dedicated to the City, the master development plan provides a number of other large areas of open space. While some of these are intended to convey drainage, others are more visible and can provide usable open space. The disc golf course area is encumbered by an overhead utility line, and easement. Any improvements for a disc golf course must be approved by the utility company. The design provides for acurve-linear street pattern that is intended to create more interesting view corridors and discourage speeding. The proposed layout provides connections to adjacent tracts as well as two points of access to the existing Eckhardt Road. The proposed zoning allows fora 5' side yard setback if a xesidential sprinkler system is installed. While part of the reason for larger side yard setbacks is aesthetic the other is for fire protection. The 10' setback that is normally required poses a challenge for smaller "garden home" products. Staff is supportive of this provision as a sort of test case. If this provision is taken advantage of and if it is determined appropriate it could be used in other situations where appropriate. The Planning and Zoning Commission conducted the public hearing on August 14, 2013 and offered a recommendation of approval by a vote of b-1 with Mr. Ernie Evans voting nay. Staff recommends approval of first reading of Ordinance No. 13-5-36. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing. Mayor Carpenter recognized Councilmember Scagliola who spoke against the 50 foot lots, stating he is not for small lots. He also stated cancerri for the width of the roadway during school rush hour times. He stated he thought we had previously agreed to do away with any future 50 ft lots. Mayor Carpenter recognized Councilmember Edwards who commented on the need fox density, likes the concept, and that it is an appropriate plan. Reminded everyone that density t is necessary to draw the `big boxes;' businesses who will develop here will need customers. It is a simple matter of supply and demand. Without density we will spread the taxes over a 09-03-2013 Minutes Page - 12 - few people rather than more. He encouraged a mixed use development concept. We must make it economically feasible for people to live and do business in Schertz. He challenged Planning & Zoning to get it right and plan carefully the first time. Mayor Carpenter recognized Mayor Pro-Tem Fowler who stated the proposed plans indicate that these homes are not `starter homes' as the price range is in the $200K range. Roadways are measured at 42 feet, which is more than the street where he lives on. He stated this proposal is not equivalent to the ones they talked about in the past. Mayor Carpenter recognized Councihnember Verinder who liked the design of the curved roads as they tend to keep drivers from speeding. He liked the way everything looks and would like to see more developments. like it. Maybe the lots could be larger but he likes it. Mayor Carpenter recognized Councilmember Antuna who agreed that density sometimes can be challenging but, he Iikes this plan's diversity. He asked if this plan allowed for garden homes or single family dwellings. The answer was single family dwellings. Executive Director of Development Brian James responded that the garden home definition mainly means there is very little yard area and they are not in this proposal. He also reminded everyone that the roads are wider, there is a landscaped buffer, a park and walk areas, which all contribute to lessening the density of the neighborhood. The focus was on the design of curved roads, open spaces, a reserved area for a future school, and a diversiTy of lot sizes. He reminded everyone that the local school district has the option to buy the reserved site to build a school in the future but if they come back and say no, then the plan does allow for that area to have more dwellings built there by the developer. Mayor Carpenter stated that this is a great opportunity and he supports the rezone. He stated that there are less than 50% of the fifty foot lots in this proposed plan and even with excluding the area for the school, there is still 25% of total acreage of open space. PDD is very restrictive zoning for residential areas and we have a lot of control aver the process. He encouraged Council to support this. The Planning & Zoning Commission held a 6-1 vote in support of this project and he also supports their recommendation. Councihnember Scagliola asked about the school site stating he hoped no developer would offer it up as a school site knowing the school was not interested and then build 40 more houses.- How do we protect ourselves against this? Executive Director of Development Brian James answered stating by law we cannot zone an area for a school so the schools have to work with developers. We have not xequired developers to contact the schools to discuss this. Councihnember Edwards asked for clarification on what he keeps hearing as 57 feet. Councilmember Scagliola explained it is a weighted average. Executive Director of Development Brian James said that the lot sizes axe laid out as minimums. The average lot size is 8,400 square feet. Councilmember Edwards suggested that we should maybe start looking at our comprehensive land plan and figure out where to put our higher education sites. Mayor Carpenter suggested we handle that towards the end of the meeting. Mayor Carpenter .recognized Councilmember Edwards, who moved, seconded by Councihnember Verinder, to approve Ordinance No. 13-5-36 on first reading. The vote was 04-03-2013 Minutes page - i3 - 4-Y with Mayor Pra-Tem Fowler, Councilmembers, Antuna, Edwards, and Yerinder voting yes and Cauncilmember Scagliola voting no. Motion Carried. 9. Ordinance No. 13-5-37 - ZC2013-001 -- Conduct a public hearing and consideration and/or action upon a request to rezone approximately 137.51 acres of land from Predevelopment (PRE) 4.34 acres, Residential Agriculture (RA) 9.89 acres and Planned Development District (PDD) 123.28 acres to Planned Development District (PDD). The property is more specifically described as a portion of the Miles S. Bennett Survey No. 75, Abstract No. 61, County block 5059, and the William Bracken Survey No. 74, Abstract 43, County Block 5056; Bexar County, Texas generally located 2,500 feet east of the intersection of FM 1518 and Lower Seguin Road and proposed as the Rhine Valley Subdivision. First Reading (B. James/M. Sanchez) The following was read into record: ORDINANCE N0.13-5-37 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO.• 11-5-15 BY REZONING APPROXIMATELY 137.51E ACRES OF LAND FROM PREDEVELOPMENT (PRE) 4.34E ACRES, RESIDENTIAL AGRICULTURE (R.A) 9.89E ACRES AND PLANNED DEVELOPMENT DISTRICT (PDD} 123.28E ACRES TO PLANNED DEVELOPMENT DISTRICT (PDD}. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE MILES S. BENNETT SURVEY NO. 75, ABSTRACT NO. 61, COUNTY BLOCK 5059, AND THE WILLIAM BRACKEN SURVEY NO. 74, ABSTRACT 43, COUNTY BLOCK 5056; BEXAR COUNTY, TEXAS GENERALLY LOCATED EAST OF THE INTERSECTION OF FM 1518 AND LOWER SEGUIN ROAD; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is proposing to rezone approximately 144 acres of land generally located east of the intersection at FM 1 S 1 S and Lower Seguin Road. Currently, 4.34 acres is zoned Predevelopment (PRE), 9.89 acres is zoned Residential Agriculture (RA) and 123.28 acres is zoned Planned Development District. The PDD was approved by City Council on October 1 S, 2011 and allows for up to 547 single family homes with a minunum lot size of 5,400 square feet. The subject property is currently undeveloped and proposed as the Rhine Valley Subdivision. Fifteen (15) public hearing notices were mailed to surrounding property owners on August 2, 2013 with a public hearing notice to be published in The Daily Commercial Recorder on August 19, 2013 and the Herald on August 22, 2013. Staff received one (1) response in favor and two (2) responses in opposition of the proposed request. The responses received expressed opposition with concerns to traffic safety and the proximity of the development to their home. Staff reviewed the request for conformance with the Comprehensive Land Plan and the ~ proposed density is consistent with the plan designation of mixed use neighborhood. The 09-03-2013 Minutes Page - 14 - proposed zoning allows areas far lots of three (3) different minimum sizes: 5,400 square feet, 6,000 square feet, and 7,200 square feet as shown on the master general development plan. The proposed PDD also provides for some specific development standards. The following summary highlights same of the significant modifications to the requirements of the Unified Development Code (LJDC). Please review the PDD to view all modifications. 1. Density of the subject property shall be a maximum of 3.25 dwelling units per acre or 447 single family residential lots. 2. Table One -Dimensional Requirements-Residential of the PDD requires a minimum front yard setback of 25' for lots that axe 45' in width and a 20' front yard setback for lots 50' and 60' in width, The minimum rear yard setback is 20' and the minimum side yard setback is 5' except that the minimum side yard setbacks for corner lots shall be 15'. Additionally, no encroachments shall be permitted in the 5' side yard setbacks. 3. The applicant is providing a six (6) foot tall masonry fence with landscape buffer along Ray Corbett Drive (60' ROVE and Lower Seguin Road (60' ROyV) to enhance the overall aesthetic appearance of the area. The UDC does not require a masonry fence adjacent to a 60' ROW. UDC, Sec. 21.9.8 requires screening of roadways for principal (120' ROVV} or secondary (86' ROVE arterials roadways only. 4.. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The Futare Land Use Plan (FLUP) designates the subject property for Mixed Use Neighborhood which is defined in the Comprehensive Land Plan as areas for residential use and open space. • Comprehensive Plan Goals and Objectives: The proposed zoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zoning change will integrate drainage ways wi#h usable open space and trails. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems in the area since the proposed single family residential use is currently planned for a large portion of the subject property. • Impact of Public Facilities/Services: The proposed rezoning request should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services since the proposed single family use is currently planned for the subject property. • Com atibili with Existin and Potential Ad'acent Land Uses: The subject property is currently surrounded by undeveloped land, residentiaUagriculture and a public school. Staff believes that the rezoning request will be compatible with the surrounding properties. 09-03-2013 Minutes Page - 15 - Parks: The MPD shows five (5) acres of parkland land that will be developed and dedicated to the City of Schertz as a public park. In accordance with UDC, Sec. 21.9.10 Park and Open Space Dedication requirements the Parks and Recreation Advisory Board met on June 24, 2013 to discuss and make a recommendation on the dedication and development of the parkland. The Parks and Recreation Advisory Board offered a recommendation to accept the five (5} acres of parkland in the Rhine Valley Subdivision, The Comprehensive Land Use Plan with the Schertz Sector Plan amendment identifies this area as Mixed Use Neighborhood which provides for walkable neighborhoods in the vicinity of the intersection of FM 1518 and Lower Seguin Road. The rezoning request and the plan has incorporated in curve=linear streets, view corridors and parks and open space to include hike and bike trails. Most of the site is zoned under the Pride Rock Ranch PDD which provides a maximum density of 4.48 units per acre and 547 single family homes. The subject property, which includes an additional 14 acres, allows for a density of only 3.25 dwelling units per acre and up to 447 residential homes, IOO less than the current PDD. Staff has been working with the new developer over the last several months to improve the layout .and design of the development and believe that the reduction in density, the addition of landscaping and screening; and increase :u~ parkland and open space and view corridors has enhanced the development. The design provided for under the current zoning is a modif ed grid pattern with very uniform lot sizes and a significant number of lots fronting to streets which are anticipated to carry more traffic, streets that are long straight shots which are likely to create speeding issues, and backing conditions with no landscaping or screening. By contrast, the proposed layout seeks to break the property up into a number of smaller pods of development, provides for a more curve-linear street pattern that is intended to create more interesting view corridors and not encourage speeding. The layout provides for a pedestrian connection to the adjacent school, allowing students who Iive in the neighborhood to more easily walk to school. The proposed layout provides access to the park/open space form the adjacent neighborhood pods. Staff recommends approval of first reading of Ordinance No. 13-5-37. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mrs. Clare Layton, 12231 Lost Meadows Drive, complimented the developer who did a great job on the drainage in the area; encouraged Council to vote yes. Mr. Henry Gutierrez, 221 FM 3009, stated that while density is more advantageous to his business, Bexar Waste, as a resident he would like to see the City retain its high level of stature as consideration is given to new developments. • Mr. Robert Brockman, 1000 Elbel Rd, wanted to know what the Planning and Zoning vote was on this item. As no one else spoke, Mayor Carpenter closed the public hearing. 09-03-2013 Minutes Page - 16 - Mayor Carpenter recognized Mayor Pro-Tem Fowler who asked if there were any plans to extend Ray Corbett Road going past the school. Senior Planner Lesa Wood stated the answer was not at this time. She stated the subdivision will also have two points of entry, Ray Corbett Drive and Lower Seguin Road, coming from the new subdivision. There will also be improvements made on Lower Seguin Road and the addition of a pedestrian path to the school. The subdivision will have 45, 50, and 60 foot lots. This is as improvement from the original proposal that was submitted before. Mayor Carpenter recognized Councilmember Scagliola who stated he liked the winding roads in the subdivision but again, does not like the density that will develop due to small lot sizes, Executive Director of Development Brian James stated that this proposal actually added 14 more acres and the developer lost 1101ots from what they could have built. Mayor Carpenter recognized Councihmember Edwards who stated he felt the proposal now is a lot better than before. Mayor Pro-Tem Fowler asked what the value of the homes were that would be on the 45 foot lots and what the road footage was. Mayor Carpenter stated he felt this is a net gain from the previous proposal by gaining more 50 & 60 foot lots than what was previously submitted, Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councihnember Antuna, to approve Ordinance No. 13-5-37 on frst reading. The vote was 3- 2 with Councilmember Antuna, Edwards, and Yerinder voting yes and Mayor Pro-Tem Fowler artd Councilmember Scagliola voting na. Motion Carried. Roll CaI1 Vate Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for the Workshop #1, and agenda items 1, 2, 3, 4, 5, 6, 7, 8, and 9. Re nests and Announcements 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who congratulated Mayor, Council Staff, citizens and businesses of Schertz on the approval of the budget. He stated it is a very good budget this year. The Community meetings and the pre-budget retreats helped staff develop the budget. The five year forecasting let us see the effects of the different components of the budget and our ability to accomplish our goals and plan out future projects. 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Edwards who asked that we need to start looking at our higher education, looking at our comprehensive land use for higher education 09-03-2013 Minutes Page - t7 - and coming up with some sites. Councihnember Edwards asked that this be brought back to Council in the next couple of months. Executive Director of Development Brian James stated that he could bring this to Council in the next couple of months, sometime Mid October to talk them through what is involved and how it might look. Mayor Carpenter recognized Mayor Pro-Tem Fowler who requested staff provide information on possibly updating the UDC restricting lot widths. Mayor Carpenter stated we would like to have a presentation from staff to go through our current zoning that we have far residential development, including the PDD. This will give us the opportunity of looking at what we have, and what is and is not allowed. We need to come to some policy discussion about what we would life to modify. Executive Director of Development Brian James stated in order to prepare the item; he would request this item be brought back in a month. Mr. James answered Councilmember Verinder's question regarding possible other rezoning request coming forward before that time. He stated that staff is working on a few items, but would have this update to Council before that time. Mayor Carpenter recognized Councilmember Antuna who stated that Council had requested some RFQ (Request for Qualification) criteria for legal services. He stated that Council has been told that the recommended information has been complete and requested that this be placed on the next agenda for executive session discussion next week to review. Mayor Carpenter concurred. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 13. 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 Mayor Pro-Tem Fowler who stated he attended the following events: • Tuesday, September 3, 2013, Caterpillar xibbon cutting. Mayor Carpenter recognized Councihnember Scagliola who stated he attended the following events: • Thursday, August 24, 2013, Chamber Mixer, Schertz Civic Center hosted by the Schertz Arts Council. • Tuesday, September 3, 2013, Caterpillar ribbon cutting. 09-03-2013 Minutes Page - 1$ - Mayor Carpenter recognized Councilmember Antuna who stated he was unable to make the Caterpillar ribbon cutting ceremony. He stated that he was excited to have them in our City and that this was a great project. Mayor Carpenter recognized Councilmember Edwards who stated he attended the following events: • Tuesday, September 3, 2013, Caterpillar ribbon cutting. Councilmember Edwards also congratulated Councihnember Antuna on his recent business venture and the success building their decks. Lastly, Councilmember Edwards stated that the City is growing, when you tallc to those moving from Dallas, California and Michigan that want to live in Schertz it makes you proud to be in Schertz, proud to be here. Mayor Carpenter recognized Councilmember Verinder who stated he attended the following events: Tuesday, September 3, 2413, Caterpillar ribbon cutting. He stated that it was an impressive operation. Councilmember commented on the facility as well. Mayor Carpenter congratulated Council on lowering the tax rate in Schertz. It is an act of restraint; it is a measured conservative action. He understands it is only a % of a cent. It is a careful forward looking action. It is directionally correct and it is not so great that it is not something they can correct if we find any of our assumptions are wrong as we move into the future. He stated that he believes the assumptions are very conservative and we will fmd ourselves in a stronger position over the next five years than what we had anticipated. This is an act of courage and one that hasn't been done in the City of Schertz in a long time. Mayor Carpenter's second comment was we talked about the importance of continuing to put money back into our fund balance. He stated that last week we had an interview with Standard and Poor's where they had taken a look at Schertz as a bond risk and we were upgraded from AA stable to AA positive. That opens the door for potentially in two years from now moving from an AA positive to an AA plus rating. He stated that it is such a rarity for a City of our size to be in that kind of financial position. Our bond council, Mark McLiney commented that this was a really big deal. Mayor Carpenter stated this is moving from a position in which we have held for an extended period of time to someone looking at the City of Schertz and saying "there is something going on, we think they are a better credit risk more than they have in the past years". This is quite an accomplishment. Compliments to the City Council, City Staff, and to this Community fox being able to put our finances in a position to be recognized by Standard and Poor's as a very strong, very good credit risk. Council did not meet in executive session. Executive Session 14. Take any action deemed necessary as a result of the Executive Session. 09-03-2013 Minutes Page -19 - No action taken as Council did not meet, Ads ournnnent As there was~no further business, the meeting was adjourned at 8:49 p.m. A ST: City Secretary, Brenda Dennis Mich el R. Car}~enter, Mayor 09-03-2013 Minutes Page - 20 -