09-10-2013 MinutesMINUTES
REGULAR MEETING
September 10, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
September 10, 2013, at G: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 R. Carpenter
Councihnember David Scagliola
Councilmember Cedric Edwards
Mayor Pro-Tem Jim Fowler
Councilmember George Antuna
Councilmember Sydney Verinder
Staff Present:
Executive Director David Harris
Executive Director Brian James
City Attorney Katherine Tapley
Deputy City Secretary Donna SchmoekeI
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 order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Kyle Cox, First Baptist Church, Schertz, 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. Harris/J. Bierschwale/B. James}
Mayor Carpenter recognized Executive Director of Support David Harrls who announced the
following upcoming events:
• Tuesday September 10, 2013 - TABC License Course for Schertz Fest -Fire Station
Conference Room at 6: 00 p. m.
• Thursday, September 12, 2013 -Ware Seguin Town Hall Meeting -City Council Chambers
at S.•30 p.m.
• Thursday, September 12, 2013 -Northeast Partnership Meeting - Qlympia Hills Golf
Course and Conference Center at 11:30 a.m.
• Friday, September 13, 2013 -Schertz Animal Shelter Fundraiser through Homes for Pets
Shelter -Blue Bonnet Palace, 1760 Lookout Road, Selma at G: 00 p. m.
• Tuesday, September 17, 2013 -City Council and the Traj~c Safety Advisory Commission
will hold a joint meeting -City Council Chambers at 6: 00 p. m.
• Announcements and recognitions by City Manager (J. Kesel}
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Mayor Carpenter recognized City Manager John Kessel who stated that he received a
complimentary letter from a citizen regarding the professionalism and friendlessness of Raul
Santoya, Mack Flores, and Aaron Dammann from the Public Works Department in assisting
her with a plumbing repair problem.
Mayor Carpenter indicated that there are a number of items this evening and he would like to first
hear from the residents and then go to regular session items 5 and 6.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fall
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not an 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 oj~cer, 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. Robert Brockman, 1000 Elbel, who thanked the Council and Staff for meeting with the
Seniors on Friday.
Mr. Grumpy Azzoz, 528 Wayward Pass, who addressed his concerns and questions regarding
the approval of the agreement with the School District on the Natatorium project. City
Manager John Kessel stated that he would be happy to sit down with Mr. Azzoz and go over
the proposed agreement answering his questions.
Discussion and Action Items
Ordinance No. 13-B-38 -Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2013";
providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all
taxable property within the City and further securing said Certificates by a lien on and pledge
of the Pledged Revenues of the system; providing the terms and conditions of said
Certificates and resolving other matters incident and relating to the issuance, payment,
security, sale, and delivery of said Certificates, including the approval and distribution of an
official statement pertaining thereto; authorizing the execution of a paying agent/registrar
agreement and an official bid form; complying with the provisions of the depository trust
company's letter of representations; authorizing the execution of any necessary engagement
agreements with the City's Financial Advisors and/or Bond Counsel; and providing for an
effective date. First and Final (J. Kessel/M. McLiney/A. Friedman)
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The following was read into record:
ORDINANCE 13-B-38
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ,
TEXAS COMBINATION .TAX AND LIMITED PLEDGE REVENUE
CERTIFICATES OF OBLIGATION, .SERIES 2D13"; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATES BY THE LEVY OF AN AD VALOREM TAX
UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER
SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE
PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND
CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER MATTERS
INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE,
AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND
DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO;
AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR
AGREEMENT AND AN OFFICLAL BiD FORM; COMPLYING WITH THE
PROVISIONS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF
REPRESENTATIONS; AUTHORIZING THE EXECUTION OF ANY NECESSARY
ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS
AND/OR BOND COUNSEL; AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Carpenter recognized Mr. Mark McLiney and Mr. Andrew Friedman, with Southwest
Securities, and Mr. Jeff Kuhn, Bond Counsel with Norton Rose Fulbright who were here this
evening. Mr. McLiney drew attention to Section 3 of the report regarding the bond rating
report by Standards & Poor's where the City had been upgraded to AA/Positive outlook.
Mr. McLiney stated that on July 30, 2013 the City Council authorized a Notice of Intention
Resolution to issue Certificates of Obligation to finance the costs of expanding the utility
system (particularly the sewer system) in South Schertz and for the purchase of a Public
Works Building, for an amount not to exceed $SM. The Notice stated that we would sell the
Obligations on September 10, 2013.
FISCAL IMPACT: The $3,000,000 for the Utility System Expansion will be on a 20 year
schedule and will be paid by Utility System Net Revenues (no taxes will be used) and the
$2,000,000 Public Works Building will be paid on a 10 year or less schedule with payments
of approximately $270,000 per year. Since a prior $270,000 commitment is being
extinguished, there is no new money being earmarked for this facility.
Mr. McLiney stated that prospective bidders provided interest rate bids today by noon, and
that First Southwest came as the low bidder with a bid of 3.13% fixed income rate.
Southwest Securities is selling $4,965,000 netting the City $5,000,000 and recommends
Council approval.
Mayor Carpenter xecognized Councilmember Edwards, who moved, seconded by Mayor
Pro-Tem Fowler to approve Ordinance No. 13-B-38 first and final reading and that the City
Council adopt an ordinance authorizing the issuance of the City of Schertz, Texas
Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2013. The
vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna,
09-10-2013 Minutes Page - 3 -
Edwards, and Yerinder voting yes and no one voting na. Motion Carried
6. Ordinance No. 13-B-39 - Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General
Obligation Refunding Bonds, Series 2013", levying an Annual Ad Valorem Tax, within the
limitations prescribed by law, for the payment of the bonds; prescribing the form, terms,
conditions, and resolving other matters incident and related to the issuance, sale, and delivery
of the bonds including the approval and distribution of a purchase and investment letter
pertaining thereto; authorizing the execution of a paying agent/xegistrar agreement and an
escrow and trust agreement; complying with the letter of representations on file with the
Depository Trust Company; authorizing the execution of any necessary engagement
agreements with the City's Financial Advisors and/or Bond Counsel; and providing an
effective date. First and Final (J. Kessel/M. McLineylA. Friedman)
The following was read into record:
ORDINANCE NO. 13-B-39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2013", LEVYING AN ANNUAL AD
VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE
PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS,
AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, AND DELIVERY OF THE BONDS INCLUDING THE
APPROVAL AND DISTRIBUTION OF A PURCHASE AND INVESTMENT
LETTER PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A
PAYING AGENT/REGISTRAR AGREEMENT AND AN ESCROW AND TRUST
AGREEMENT; COMPLYING WITH THE LETTER OF REPRESENTATIONS ON
FILE WITH THE DEPOSITORY TRUST COMPANY; AUTHORIZING THE
EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENTS WITH THE
CITY'S FINANCIAL ADVISORS AND/OR BOND COUNSEL; AND PROVIDING
AN EFFECTIVE DATE
Mayox Carpenter recognized Mr. Mark McLiney of Southwest Securities who introduced this
item stating that on July 30, 2013 the City's fmancial advisor was authorized to proceed with
a sale of $5,000,000 Certificates o£ Obligation to be sold on September 10th. At that meeting
they also discussed the possibility of Refunding the City's currently outstanding Series 2005
CO's with interest rates ranging from 4.00%-4.35% to be sold a the same time as long as it
will save the City money without extending the length of the outstanding debt.
FISCAL IMPACT: After taking into account all casts of issuance associated with the
Refunding, the City will save approximately $155,000 over the life of the bonds. City Staff
and the .financial advisor received interest rate bids today and BBVA Compass was the law
bidder at rate of 2.60% and recommends approval.
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Mayor Carpenter recognized Councilmember Edwards, wha moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13-B-39 first and final reading and that
the City Council adopt an Ordinance authorizing the issuance of City of Schertz, Texas
General Obligation Refunding Bonds, Series 2013. The vole was unanimous with Mayor
Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting yes
and no one voting no. Motion Carried
Mayor Carpenter moved to the presentation portion of the agenda.
Presentations
• Presentation, discussion and possible action regarding adapting and approving a City Coat of
Arms (B. James/D. Weirtz}
Resolution No. 13-R-69 -Consideration andlor action approving a Resolution adopting a
City of Schertz Coat of Arms (B. James/B, James)
The following was read into record:
RESOLUTION NO. 13-R 69
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN OFFICIAL COAT OF ARMS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director of Development Services, Brian James who
introduced this item stating the Schertz Historical Preservation Commission worked to
develop a draft Coat of Arms that was presented previously to the City. Staff subsequently
conducted a web survey to gauge public opinion with regard to the Coat of Arms. The results
were presented to City Council on June 11, 2013. The results indicated that a majority of the
approximately 100 respondents like the Coat of Arms and did not feel any elements needed
to be added or eliminated. The most comment suggestion far changes seemed to be that it
was "too busy" and that items should be eliminated, but there was not an overwhelming
consensus as to what to eliminate,
As such staff and the Commission feel the Coat of Arms should be adopted as proposed and
utilized for ceremonial purposes as the City's Coat of Arms. Staff recommends approval of
this Resolution adopting the Coat of Arms. Mr. James and Chair of the Historical
Preservation Committee Dean Weirtz addressed Council questions.
Mayor and Council thanked Mr. Weirtz and the Committee for their work on the project.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve Resolution No. 13-R-69. The vote was unanimous with
Mayor Pro-Tem Fowler, Councihnembers Scagliola, Antuna, Edwards, and Verinder voting
yes and no one voting no. Motion Carved.
Mayor Carpenter stated that items 2 & 3 have been requested to be pulled from the consent agenda
and considered separately.
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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 Councihnember.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of September 3, 2013, (J. KesselB. Dennis)
4. Resolution No, 13-R-7D -Consideration andlor action approving a Resolution authorizing
an agreement with Ovid Bell Press, Inc. for printing and mailing services, and other matters
in connection therewith. (D. Harris/L. Klepper)
The following was read into record:
RESOLUTION NO. 13-R-7D
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AGREEMENT WITH THE OVID BELL PRESS, INC. FOR
PRINTING AND MAILING SERVICES, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve the Consent Agenda Items 1 and 4. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmemhers Scagliola, Antuna, Edwards,
and Yerinder voting yes and no one voting no. Motion Carrierl+
Discussion and Action Items
2. Ordinance No. 13-5-36 - ZC2DI1-014 -Consideration and/or action an Ordinance upon a
request to rezone 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 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. Final Reading
(B. James/M. Sanchez)
The following was read into record:
ORDINANCE N0.13-5-36
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL. ZONING MAP ORDINANCE NO. 11-S-IS BY
REZONING APPROXIMATELY 194.56E ACRES OF LAND FROM
PREDEVELOPMENT (PRE) 18698 ACRES AND GENERAL BUSINESS (GB} 7.SS
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;
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GUADALUPE COUNTY, TEXAS GENERALLY LOCATED 2,800 FEET SOUTH OF
THE INTERSECTION OF THE IH 35 FRONTAGE ROAD AND ECKHARDT
ROAD.; AND OTHER MATTERS IN CONNECTION THEREV4'ITH AND
PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that
action requested of Council is to approve a rezone request of 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 PredeveIopment (PRE) and General
Business {GB), The subject property is currently undeveloped and proposed as the Parklands
Subdivision. The proposed density is consistent with the Comprehensive Land Plan
designation use of Single Family Residential which provides for traditional neighborhood
development. The proposed zoning allows for three (3} different minimum lot sizes; 6,000
square feet, 7,200 square feet, and 8,400 square feet as shown on the master general
development plan. The master general development plan also provides for a potential Comal
ISD school site and a public park. The proposed PDD also provides some specific
development standards. Staff recommends approval of Ordinance No. 13-5-36 final reading
regarding the zoning request based on the compliance with the Comprehensive Land Use
Plan.
Executive Director of Development Brian James and Senior Flanner Lesa Wood addressed
Mayor Fro-Tem Fowler's question regarding the differences between residences having a
sprinkler system where there is a 5 foot setback versus no sprinkler system with residences
that have a 10 foot setback. City Attorney Katherine Tapley asked fax the discussion to
clarify that the type of sprinkler system at issue was in fact a structure sprinkler system, not a
lawn sprinkler system. Executive Director of Development Brian James explained the City
typically has had the 10 foot setbacks in the past, but with the developer offering a mixed
size assortment of lots, the homes with the 5 foot setbacks could satisfy the fire departments
concerns by requiring those residences to each have a sprinkler system. Councihnember
Antuna asked about the benefit of a f~rewall, but this would be more problematic because of
people wan#ing windows and then the fire and smoke could escape outside and toward the
roof. Right now alI the houses have the option of having sprinkler systems, but it is not
mandatory. Councihnember Scagliola stated that while he liked the linear curve of the
streets and green space design of the project, he still thinks the number of homes (505) is too
.tight, there is no amenity center close by, and no meeting facility for the HOA. He has
concerns regarding the power lines in the greenbelt area of the planned park-golf space area,
street flow issues, minimum frontage, minimum pervious coverage requirements, and the
school site. He asked how many homes would be built if the site did not become a school.
The answer was forty two 70 x 120 foot lots. He again expressed his concern in allowing
density to grow. The reason we did away with R5, R6, & R7's was to reduce density;
therefore, allowing one half of all the homes in a subdivision to be on the smallest minimum
allowed Iots is not achieving this goal.
Councilmember Edwards reminded everyone that schools can and are used as community
mee#ing facilities and his only concern is the disc golf area located by the utility power lines.
He feels this is a viable plan to go forward with, Councilmember Scagliola stated we are
making quite a few assumptions that may or may not come to pass. He expressed concern
about where our general business (GB) sector was. Mr. James stated that probably most of
the GB would be concentrated along the IH 35 area & Eckhardt Road areas rather than
09-10-2013 Minutes Page _ ~ __
spread out along Eckhardt Road. Councilmember Scagliola was concerned about doing
away with GB in this manner and that this situation may set precedence for others in the
future. City Attorney Katherine Tapley clarified for Council that although this plan does set
an example, it does not create a future requitement that would need to be followed on the
next property plan presented. Each individual property should be looked at on a case by case
basis. Executive Director of Development Brian James reminded everyone that in typical
straight gridded linear neighborhoods, vehicular speed is always an issue; we also have never
before had a developer who communicated with the school district to discuss a reserved area
for a future school. This development also offers the hike & bike trail & buffer zone. These
things do come with a tradeoff with the developer.
Councilmember Antuna stated that Corral County is preparing to present a $250 million
bond package to their voters. Does the Developer know that? Mr. David Rittenhouse,
Denton Communities, Manager for the Project and who represents the landowner, stated
they did meet with the school district multiple times and the district is looking for something
on IH-35, but to satisfy the PDD the developer was required to offer the site to have
something as a backup.
Councilmember Yerinder asked Executive Director of Development Brian James what would
happen if the Council voted against this planned development proposal. He stated that
generally the Developer then counters that denial by simply coming back and presenting a
plan offering straight zoning without any extras such as green spaces, curved linear streets or
mixed use lots of any variety. As long as the revised proposal meets the City's minimum
requirements it then has to be approved. In view of this alternative, Councilmember
Yerinder thinks the product before us now is a good choice and offers a reasonable variety of
subdivision amenities.
Mayor Carpenter stated this is not about frontage; it is about lot size and the number of lots.
There is a minimum of 25% space in this development. Tf a school is not built and the HOA
does buy the reserved school site, the open space would increase to 32%. 7t is the overall
view of density that is critical to consider. -He further stated we should give credit to the
Planning and Zoning Commission who voted to send this plan forward and believes it is the
right decision for the City. He himself prefers the 10 foot setbacks but is intrigued with the S
foot setbacks with sprinkler systems as another option for buyers. The buyer will ultimately
make that decision though. He encouraged Council to accept this proposal.
Mayor Carpenter recognized Mayor Pro-Tem Fowler who asked if they could postpone this
item to allow the developer to address their concerns.
Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by
Councilmember ,Scagliola, to postpone this item for one week. The vote was 2-3, with Mayor
Pro-Tem Fowler, Councilmember Scagliola voting yes, and Councilmember Antuna,
Edwards, and Yerinder no one voting no. Motion Failed.
Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by
Councilmember Yerinder, to approve Ordinance No. 13-5-36 final reading. The vote was 3-2
with Councilmembers Antuna, Edwards, and Yerinder voting yes, and Mayor Pro-Tem
Fowler and Councilmember Scagliola, voting no. Motion Carried
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3. Ordinance No. 13-5-37 - ZC2013-001- Consideration and/or action approving an Ordinance
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 mare 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. Final Reading (B. 3ames/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-S-IS BY
REZONING APPROXIMATELY 137.81E ACRES OF LAND FROM
PREDEVELOPMENT (PRE) 4.34E ACRES, RESIDENTIAL AGRICULTURE (RA}
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
Staff recommends approval and is available for questions. Councilmember Scagliola stated
the density is better than the first presentation of this plan, he liked the curved linear streets,
but he is worried about the cul-de-sacs, and the 45 foot lots. Councilmember. Edwards
requested staff go over the particular vested rights of the property prior to annexation. Senior
Planner Lisa Wood stated that prior to annexation we couldn't govern any lot sizes. City
Attorney Katherine Tapley clarified that the prior ownex filed a master plan with the City that
established 547 lots (4,4$ lots per acre) with 12,64 acres of open space, The lot sizes were
45 feet. The filing of this master plan allows for the property to develop under this design.
Mayor Carpenter recognized Mayor Pro-Tem Fowler, who moved, seconded by
Cauncilmember Edwards, to approve Ordinance No. 13-5-37 Final Reading. The vote was 4-
1 with Councilmembers Antuna, Edwards, and Yerinder voting yes, Mayor Pro-Tem
Fowler voting yes, and Councilmember Scagliola, voting no. Motion Carried
7. Ordinance No. 13-D-40 -Consideration andlor action approving an Ordinance by the City
Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of
Schertz, Texas be amended by revising Section 86-118, maxinnum limits in school zones for
Aero Avenue from Schertz Parkway to 21 S feet East of Schertz Parkway, for Mitchell
Avenue from Schertz Parkway to 215 feet East of Schertz Parkway, Elbel Road from Schertz
Parkway to 150 feet East of the drainage ditch ,for Westchester from Elbel Road to 776 feet
09-10-2013 Minutes Page - 9 -
South of Elbel Road, for Schertz Parkway from 700 feet South of Elbel Road to 150 feet
North of Buffalo Drive, and for Schertz Parkway from Aero Street to 150 feet North of
Buffalo Drive and providing an effective date; and declaring an emergency. First and Final
Reading (B. James/L. Busch)
The following was read into record:
ORDINANCE NO. 13-D-40
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86-118, LIMITS IN
SCHOOL ZONES FOR AERO AVENUE FROM SCHERTZ PARKWAY TO 215
FEET EAST OF SCHERTZ PARKWAY, FOR MITCHELL AVENUE FROM
SCHERTZ PARKWAY TO 215 FEET EAST OF SCHERTZ PARKWAY, ELBEL
ROAD FROM SCHERTZ PARKWAY TO 150 FEET EAST OF THE DRAINAGE
DITCH ,FOR WESTCHESTER FROM ELBEL ROAD TO 776 FEET SOUTH OF
ELBEL ROAD, FOR SCHERTZ PARKWAY FROM 700 FEET SOUTH OF ELBEL
ROAD TO 150 -FEET NORTH OF BUFFALO DRIVE, AND FOR SCHERTZ
PARKWAY FROM AERO STREET TO 150 FEET NORTH OF BUFFALO DRIVE
AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY
Mayor Carpenter recognized Executive Director of Development Brian James and Engineer-
in-Training Larry Busch who introduced this item stating in discussions with SCUCISD,
some concerns were raised about the times the school speed zones are active on Aero
Avenue, Elbel Road, Mitchell Avenue, Schertz Parkway and Westchester Drive due to
additions to the Samuel Clemens High School lunch periods.
Currently, these school zones axe active from 7 a.m. to 9 a.m., 11:30 a.m. to 1:30 p.m., and
2:30 p.m. to 4:30 p.m. The revised lunch schedule is divided into four separate periods
ranging from 10:3 5 a.m. to 2:10 p.m. To accommodate the revised lunch schedule and the
early and late arrivals of students during open campus lunch, these school speed zones need
to be active Monday through Friday, 7 a.m. to 4:30 p.m.
Staff recommends approval to amend Section 86-118, Maximum limits in school zones, of
the Code of Ordinances to add a note referencing the different school zone time and
modifying the associated table to designate the school zones for:
Aero Avenue from Schertz Parkway to 215 feet east of Schertz Parkway, (while this
has been posted as a school zone it was not listed in the chart}
for Mitchell from Schertz Parkway to 215 feet east of Schertz Parkway, (while this
has been posted as a school zone it was not listed in the chart)
for.Elbel Road from Schertz Parkway to 150 feet east of the drainage ditch,
for Westchester from Elbel Road to 776 feet south of Elbel Road,
for Schertz Parkway from 700 feet south of Elbel Road to 150 feet north of Buffalo
Drive,
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and to elimina#e specific reference to a school zone for Schertz Parkway from Aero
Street to 150 feet north of Buffalo Drive as it is duplicative of a portion of the above
school zone to note the school zone applies between of 7:00 a.m. to 4:30 p.m.
The new school year has already begun and the new revised lunch schedule is in place. The
Traffic Safety Advisory Commission unanimously approved this change at the September 5,
2013 meeting. Fiscal Impact: $200.00 for the new speed limit signs paid out of FY 2012-13
adapted budget, account number 101-359-551600, Street Maintenance.
Staffrecommends approval of First and Final Reading of Ordinance 13-D-40 and declaring
an emergency. Staff addressed questions from Council.
Mayor Carpenter recognized Cauncilmember Edwards, who moved, seconded by Mayor Pro-
Tem Fowler, to approve Ordinance No. 13-D-40, first and final and declaring an emergency.
The vote was unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola,
Antuna, Edwards, and Yerinder voting yes and no one voting no. Motion Carried.
8. Ordinance No. 13-D-41 -Consideration and/or action approving an Ordinance amending
Chapter 8b of the Code of Ordinances by the City of Schertz, as amended, by adding Section
86-63, Prohibiting the use of Engine Brakes on any streets or highways within the City,
providing a penalty of fine not to exceed the sum of Five Hundred Dollars {$500.00) for each
offense; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. First Reading {J. Bierschwale/M. Hansen)
The following was read into record:
ORDINANCE NO. 13-D-41
AN ORDINANCE AMENDING CHAPTER 86 OF THE CODE OF ORDINANCES OF
THE CITY OF SCHERTZ, AS AMENDED, BY ADDING SECTION 86-63,
PROHIBITING THE USE OF ENGINE BRADS ON ANY STREETS OR
HIGHWAYS WITHIN THE CITY, PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Police Chief Michael Hansen who introduced this item stating
that the use of engine brakes creates a disturbing, unreasonable and offensive noise when it
occurs in or adjacent to residential areas. This ordinance would prohibit the use of engine
brakes through appropriate signage and enforcement activities when needed. The ordinance
would allow for the use of engine brakes upon the interstate or anywhere in an emergency
situation. Staff recommends that Council approve Ordinance 13-D-41 to prohibit the use of
engine brakes upon the highways and streets within the city limits, except upon the interstate
or in an emergency. Staff recommends approval.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councihnembex Antuna, to approve Ordinance No. 13-D-41, first reading. The vote was
unanimous with Mayor Pro-Tem Fawley, Councilmembers Scagliola, Antuna, Edwards,
and Yerinder voting yes and no one voting no. Motion Carrier
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9. Resolution No. 13-R-66 -Consideration and/or action approving a Resolution authorizing a
Defuutive Interlocal Agreement with Schertz-Cibolo-Universal City Independent School
District {SCUCISD) regarding a $1,650,000.00 contribution by SCUCISD to the City for the
Natatorium project in exchange for a fifteen year rent free lease (for a specified amount of
usage) of the facility to SCUCISD, provided that the City and SCUCISD are able to reach
final agreement on (1) the specific terms of the lease including the number of hours and usage
allowed and (2) the specific improvements that the City will make to the Natatorium facility in
order for the facility to be suitable for use by SCUCISD's Swim Teams, and other matters in
connection therewith. (B. JameslK. Tapley)
RESOLUTION NO. 13-R-66
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A DEFINITIVE INTERLOCAL AGREEMENT WITH SCHERTZ-
CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING A
$1,650,000.00 CONTRIBUTION BY SCUCISD TO THE CITY FOR THE
NATATORIUM PROJECT IN EXCHANGE FOR A FIFTEEN YEAR RENT FREE
LEASE (FOR A SPECIFIED AMOUNT OF USAGE) OF THE FACILITY TO
SCUCISD, PROVIDED THAT THE CITY AND SCUCISD ARE ABLE TO REACH
FINAL AGREEMENT ON (1) THE SPECIFIC TERMS OF THE LEASE INCLUDING
THE NUMBER OF HOURS AND USAGE ALLOWED AND (2) THE SPECIFIC
IMPROVEMENTS THAT THE CITY WILL MAKE TO THE NATATORIUM
FACILITY IN ORDER FOR THE FACILITY TO BE SUITABLE FOR USE BY
SCUCISD'S SWIM TEAMS, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director of Development Brian James who
introduced this item stating this item was brought to the Council a few weeks ago, Mr.
James stated that the citizens of Schertz approved a band measure to build a competition
quality pool for the City. In November 2010, residents of Schertz approved general
obligation bonds in the amount of $6,625,000. Part of the $6,625,000 went to moving and
building a new Playscape, part of the remaining amount is being used for design work for the
architect, for various sail and control testings, and finish out items. Part of the $6,625,000
will be set aside for contingencies. Actual construction dollars left is about $S.SM to build
some type of competition quality type pool. Frankly, that maybe a fairly basic competition
quality pool without. some of the additional items for or accoutrement or amenities that one
might hope for with that. One group has said that they would be interested in using the pool
was the School District. Right now the students currently go to Judson ISD to practice and
pay a very nominal fee because Judson has to operate it anyway. The idea is that now the
SCUCISD students could use a facility now in Schertz and so began the discussions.
In an attempt to maximize the benefit to our residents, discussions began with SCUCISD
about partnering on the facility. Given that SCUCISD does not currently have a pool facility,
the Schertz Natatorium could he used by their high school swim teams.
Frior to incurring additional casts associated with design, staff is seeking Council approval of
a resolution authorizing the City to enter into an Interlocai Agreement with SCUCISD. The
resolution indicates SCUCISD would contribute $1,650,000 to the project in order for the
09-10-2013 Minutes Page - 12 -
facility to be suitable for SCUCISD use. SCUCISD in exchange would be given a fifteen
year rent free lease. City Staff will continue to work with SCUCISD to finalize specific terms
of the lease and identify the specific improvements to be made to the facility. The definitive
agreement must be brought back to City Council for approval once these terms have been
finalized.
FISCAL IMPACT: with approval of this Resolution, the City can anticipate an additional
$1,650,000 for the natatorium project, provided specific terms can be agreed upon. The City
would be obligated per those terms to provide improvements to the facility so as to ensure the
facility is suitable for use by the SCUCISD and provide the SCUCISD with 15 years use of
the facility rent free. As the project proceeds and construction and operating costs are refined,
staff may recommend reserving a portion of these funds to cover operating and maintenance
costs during that term. Recommend approval.
Mayor Carpenter recognized Councilmember Scagliola who stated he recently attended a
meeting with the School District, had all his questions answered and that we need to have a
basic agreement to get to a starting point. Councihnember Edwards stated the school district
really wants to help the City and that the pool should offer something that can be used by ali
residents. Mayor Carpenter agreed that we all shared the same goals and concerns and
should move forward.
Mayor Carpenter recognized Councilmember Scagliola, who moved, seconded by
Councilmember Edwards, to approve Resolution No. 13-R-66. The vote was unanimous
with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder
voting yes and no one voting no. Motion Carried.
Mayor Carpenter recognized Owner's Representative Phil Gaudreau who was in the audience this
evening and wished him a happy birthday.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for
the presentation and agenda items 1 through 9.
Requests and Announcements
10. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Deparkmental initiatives
No further announcements provided.
11. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
09-10-2013 Minutes Page - 13 -
12. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter requested Council and Staff possibly consider forming another board or
conurtittee for the Senior Citizens, He requested Council and staff bring back their ideas and
recommendations within the next couple of weeks for discussion,
Mayor Carpenter recognized Councihnember Scagliola whb requested staff look at the traffic
light on Schertz Parkway and Savannah Drive, indicating the timing is off.
Mayor Carpenter recognized Councihnember Edwards also requested staff look at the traffic
light on FM 3009 and Live Oak. Executive Director John Bierschwale stated that he would
get in contact with TxDOT to fix the timing problem.
Mayor Carpenter recognized Councilmember Edwards who stated he would like to expand
on the Business Appreciation Dinner by inviting the business leaders to come and speak to
Council before the Council meetings. Mayor Carpenter concurred.
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 met with Councilmember
Edwards and Henry Gutierrez and his staff to discuss anon-exclusive versus exclusive
franchise agreements. An exclusive contract involves several different Types of
franchises and if there needs to be a change of one of the franchises it pretty much
nullifies the contract and you have to renegotiate it. Bexar Waste indicated it is not a
benef t to them to have that type of contract nor does it benefit the City and that they will
stay with the nonexclusive contract, which will be of benefit to both partners.
Monday, September 9, 2013, Federal Housing Director Meeting. He noted that the
Housing Authority has closed their waiting list for Section 8 housing because they
now have 50 names on the list and it wouldn't be productive to keep adding names.
Mayor Carpenter recognized Councilmember Scagliola who attended the following events:
• Thursday, September 5, 2013, SCUC ISD meeting
• Friday, September 6, Senior Center Council Meeting
Mayor Carpenter recognized Councilmember Antuna who wanted to let everyone know
about the MPO having a meeting on September 23, 2013 from 6-8 p.m. at Woodlake Hills
Middle School, at 6625 Woodlake Parkway near FM 78.
09-10-2013 Minutes Page - 14 -
Mayor Carpenter recognized Councilmember Edwards who attended the Senior Center
Meeting, Friday September 6, 2013. He wanted to thank the Mayor for getting the seniors a
ping pang table at 4:00 p.m. that day.
Mayor Carpenter recognized Councihnember Verinder .who thanked the Mayor and,
Councihnembers Scagliola, and Edwards for meeting with the School District Trustee about
the Natatorium. He said we should do this more often. He was not able to attend the Senior
Center Council meeting but will get a briefmg from the City Manger next week.
Mayor Carpenter stated he attended the meeting at the Senior Center on Friday, September 6,
2013 and is excited that Council is willing to consider doing this on a quarterly basis. He
also likes Councihnember Edwards idea of Council meeting with resident business leaders on
occasion and possibly dedicating a portion of time before the regular council meetings or
meet with them on a quarterly basis such as what is being considered with the Senior Center.
Mayor Carpenter recessed the regular meeting into executive session at 9: 00 p.m.
Executive Session
Called under:
Section 551.071 Texas Government Cade Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551.D72 Texas Government Code -Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Texas Governmen# Code -Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.074 Texas Government Code -Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Section SSLDS7 Texas Government Code -- Deliberation regarding Economic Development
Negotiations.
Reconvene into Re ular Session
Mayor Carpenter reconvened into regular session at 9:50 p.m.
14. Take any action deemed necessary as a result of the Executive Session,
Mayor Carpenter recognized Councihnember Antuna who moved, seconded by Mayor Pro-
Tem Fowler to proceed with the RFQ fox Legal Services. The vote was unanimous with
_ Mayor Pro-Tem F'awler, Councilmembers Scagliola, Antuna, Edwards, and Yerinder voting
yes anal no one voting no. Motion Carried.
09-10-2013 Minutes Page - 15 -
Adioarnrnent
As there was no further business, the meeting was adjourned at 9: 56 p. m.
May r, Michael R. Carpenter
ATTEST:
ity Secretary, Brenda Dennis
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