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05-27-2014 Agenda with backupREGULAR SESSION CITY COUNCIL May 27, 2014, 6:00 P.M. HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 City of Schertz Core Values Do the right thing Do the best you can Treat others the way you would want to be treated Work together cooperatively as a tea A quorum of the Parks and Recreation Advisory Board may be present Call to Order — City Council Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Associate Pastor Cameron Ward, Victory Assembly of God, Universal City) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) • Announcements and recognitions by City Manager (J. Kessel) PrPePntntiane • Introduction of the FY2014/15 Sweetheart Court Ambassadors and Invitation to the Luling Watermelon Thump Parade (B. Cantu /M. Spence) - Miss Schertz — Kiana Leal - Miss Jubilee — Elena Garcia - Miss Friendly City — Sydney Fischer - Miss Sunshine — Megan Rhoads • Employee Longevity Recognition — Andrew Lambert — 25 years. (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 05 -27 -2014 Council Agenda 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. Workshop • Discussion regarding City's permitting process. (Item requested by Councilmember Duke) (B. James /M. Sanchez) • Discussion regarding the creation of a Historic Overlay District (B. James /D. Weirtz) • Discussion regarding the Natatorium. (Item requested by Councilmember Fowler) (J. Kessel /B. James) Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 1. Minutes — Approve the minutes of the regular meeting of May 20, 2014 (J. Kessel /B. Dennis) 2. Ordinance No. 14 -M -24 — Approval of an Ordinance amending the City's Code of Ordinances Chapter 50, Article IV regulating the discharge of guns; providing for certain exceptions; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (J. Bierschwale /M. Hansen) 3. Ordinance No. 14 -S -25 — Approval of an Ordinance on a request to rezone approximately 0.468 acres of land from General Business (GB) to Residential /Agriculture (RA). The property is more specifically described as a portion of the Stacy B. Lewis Survey No. 317, Abstract No. 443, and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas, generally located on Boenig Drive approximately 170 feet west of the street Laura Heights. Final Reading (B. James /L. Wood) 4. Ordinance No. 14 -S -26 — Approval of an Ordinance on a request to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Unit 1 of the Verde Enterprise Business Park and generally located on the corner of Interstate Highway 35 and Mid Cities in the City of Schertz, Guadalupe County, Texas. Final Reading (B. James /L. Wood) 5. Resolution No. 14 -R -44 — Approval of a Resolution authorizing a Third Amendment to the Tower Lease Agreement with San Antonio MTA, L. P., DB /A Verizon Wireless 05 -27 -2014 City Council Agenda Page - 2 - ( "Verizon "), relating to telecommunication antennas and equipment to be placed on the City's water tank at 1057 :Live Oak Road. (J. Kessel /B. Cantu) Discussion and Action Items 6. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and /or action regarding appointments /reappointments and resignations to City Boards, Commissions, and Committees. (Mayor /Council /B. Dennis) Roll Call Vote Confirmation Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9. 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 Executive Session 10. City Council will meet in closed session under section 551.074 Evaluation of the City Secretary and Deputy City Secretary. Reconvene into Regular Session 10 a. Take any necessary action based on discussions held in closed session under Agenda Item number 10. Roll Call Vote Confirmation Adiournment 05 -27 -2014 City Council Agenda Page - 3 - CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL :BULLETIN BOARDS ON THIS THE 23rd DAY OF MAY 2014 AT 4:30 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. greo, (n �eww ,bs Brenda Dennis CPM, TRMC, MMC, City Secreta I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF , 2014. Title: This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 - 619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. 05 -27 -2014 City Council Agenda Page - 4 - COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Mayor Pro -Tem Scallhola — Place 2 Audit Committee Animal Control Advisory Committee Hal Baldwin Scholarship Committee Cibolo Valley Local Government Corporation Interview Committee for Boards and Commissions Schertz Seguin Local Government Corporation Investment Advisory Committee Interview Committee for Boards and Commissions TIRZ II Board Sweetheart Advisory Committee Councilmember Fowler — Place 1 Councilmember John - Place 3 Interview Committee for Boards and Commissions Schertz Housing :Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Edwards — Place 4 Councilmember — Duke — Place 5 Audit Committee Audit Committee ASA Commuter Rail District Board — Lone Star Investment Advisory Committee Hal Baldwin Scholarship Committee 05 -27 -2014 City Council Agenda Page - 5 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2014 . Department: Subject: City Secretary Minutes The City Council held a regular meeting on May 20, 2014. WLTG • �On None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on May 20, 2014. Minutes — regular meeting May 20, 2014 MINUTES REGULAR MEETING May 20, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 20, 2014, . at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Pro -Tern David Scagliola Councilmember Cedric Edwards Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu Deputy City Secretary Donna Schmoekel Mayor Michael Carpenter and Councilmember D Call to Order Mayor Pro -Tem Scagliola called the were to order at :00 p.m. Invocation and Pledges of Allegiance to the Flats of the United Sta es and the State of Texas Pastor Ryan Russell, Victory Assembly of God, provided the invocation followed by the Pledges of Allegiance to the Flags of the':`Glnited States and th&c State of Texas. y Events and Announcements • Announcements of upcoming: it Events (J: Bierschwale /B. James) Pro -Tern Scagliola recognized Executive Director of Development Brian James who �d the following announcements and upcoming events: ?; - 'Thursday May '22, Cibolo Valley Local Government Corporation Joint Workshop ith member cities, 6:30 p.m., City of Cibolo, 200 South Main, City Hall. • Sunday, May 25, EMS Banquet, at the Civic Center, (6:00 p.m., social hour) (7:00 p.m. "dinner) RSVP by May 13 to: Amy Sellers at 619 -1400 or asellers @schertz.com. • Monday, "May 26, City offices closed in observance of Memorial :Day. • Monday,'May 26, Memorial Day event hosted by the City of Cibolo, Veterans Park, 3864 Cibolo Valley Drive at 10:30 a.m. • Tuesday, May 27, at City Council meeting the Council and staff will be recognizing one of our long term employees, Andrew Lambert for 25 years of service. • Announcements and recognitions by City Manager (J. Kessel) Mayor Pro -Tem Scagliola recognized City Manager John Kessel who deferred to other presentations on the agenda tonight. 05 -20 -201.4 Minutes Page -1- Mayor Pro -Tem Scagliola recognized Councilmember Hogue and Councilmember Garrett from the City of Cibolo who were in attendance this evening. Presentations: • Proclamation recognizing National Emergency Medical Services Week (Mayor Pro -Tem Scagliola /D. Wait) Mayor Pro -Tem Scagliola read and presented the National Emergency Medical Services Week Proclamation to EMS Director Dudley Wait and members of the EMS Department who were present. Mr. Wait stated that this is EMS week and has been a very busy week so far. Mr. Wait stated that EMS Crews will be visiting every, elementary school in the district this week to help educate the public on what they do and how they :do it. Mr. Wait asked, if you see an ambulance this week please walk up and wish them a happy EMS week and ask them questions on what they do. • Cardiac Arrest Survivor Recognition (D. W Mayor Pro -Tem Scagliola recognized EMS Director Dud cy Wait who stated that every year during EMS week they like to publically recognize thisc individuals who during the last 1.2 months suffered a cardiac arrest and who were successfully resuscitated and able to walk out of the hospital. Mr. Wait stated that this year EMS has five individuals that they want to recognize and asked all the Fire and Ambulance medics to,,, come forward and join their patients and family members who they assisted. Mr. Wait stated one of:the five survivors was unable to make it this evening as they had a pre- platmod trip and another survivor is in such great shape that they are on a mission field in South America. Mr. Wait recognized Mrs. Jeanine Falcon and family members who were present as well as her crew: Schert EMS Medic 3 Jason Burch, Eddie Rodriguez, and Schertz Fire Engine 2, Lt. Andy Lambert, Fire Apparatus Operator Ben Boney, Jason Tymrak, and Fire Fighters Tim Rak and :Patricio Wilson. Mr. Wait provided information on how the medics and Fire Fighters responded to Mrs. Wilson, stating Ms. Falcon started having trouble breathing and her husband called 91.1. Mr. Wait mentioned that while Mr. Falcon was on the phone to dispatch he witnessed his wife go into cardiac arrest. Mr. Falcon having learned CPR in the military started CPR on his wife. 05 -20 -201.4 Minutes Page - 2 - Mr. Wait stated that CPR is a critical piece of the lifesaving, and what they call "the chain of survival ", and Mr. Falcon did CPR until the crews arrived. The crew quickly and successfully resuscitated her and got her circulation going again. The crew at that time did a 12 lead EKG where they recognized that she was in the process of having a heart attack. The crew alerted the hospital and began appropriate treatment and transported her to the hospital. The hospital quickly responded to Mrs. Falcon opening up her coronary artery and a month later she was released from the hospital. Mr. Wait recognized Mr. Rowland Richie and his family members who were present as well as the following crew members who responded to the call: Schertz EMS Brandon Hill and Todd Kaiser, Schertz Fire Engine 1 Chris Deady, Alex Armstrong, and Todd Warner. Mr. Wait provided information that Mr. and Mrs. Richie were on their way back from Universal City and Mr. Richie started complaining about pain in his left arm- that began to radiate into his chest. They drove to the station where Schertz.Engine 1 and Medic 1 crews met Mr. Falcon out front and immediately put him on the heart monitor where they recognized he was having a heart attack in progress. The crews quickly began treatment and got him into the ambulance. Shortly after placing him in the mbulance,,Mr. Richie became unresponsive and looking at the monitor showed he was in �,v'entriculaf defibrillation. Because of their preparedness and training, they rapidly defibrillated Mr. Richie where he became conscious and they transported him to the hospital where they quickly opened up his artery and as a result he was able to walk out of thebospital later. Lastly, Mr. Wait stated that what you s everyone to learn CPR. It is more import one key factor, if done very regularly anc arrest to have the gretst rate of survival;; no breathing is involved, just get on their c either the paramedics arrive tar the patient they provide CPR classes to the public. of Workshop n front of you is the prime reason they want than it ever was,. Science shows that it is the hhout irit motion, to help someone in cardiac s easier to �do today than some of us remember, A and start compressions deep and fast until the �s stop. If you are interested in knowing CPR, Tem Scagliola recognized the fallowing who spoke: David Richmond, 2921 Bent Tree, who thanked City Manager John Kessel and ;f of Staff .Bob Cantu for attending the Greenshire Homeowners Association it meeting last Thursday. Mr. Richmond stated they provided them with current mition on Schertz projects, particularly the sidewalks along FM 3009 and ited information on some of the military installations. • Presentation discussion and possible action regarding invocations at Council meetings. (Item requested by Councilmember Fowler) (J. Kessel /D. Schmoekel) Mayor Pro -Tem Scagliola stated that he was asked to postpone this item. 05 -20 -2014 Minutes Page - 3 - Discussion and Action Items 1. Minutes - Consideration and /or action regarding the approval of the minutes of the regular meeting of May 13, 2014 (J. Kessel/B. Dennis) Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by Councilmember Fowler, to approve the minutes of the May 13, 2014 meeting. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler Edwards, and Duke voting yes and no one voting no. Councilmember John was absent. Motion Carried. 2. Ordinance No. 14 -M -23 — Consideration and /or action approving an' ° Ordinance amending the City's Code of Ordinances by adding Chapter 75 making it unlawful for certain sex offenders to reside within 1000 feet of a child safety zone; Ynakin`it illegal for sex offenders to go in, on, or within 1.000 feet of a child safety zone; providing exceptions to the ordinance; and providing penalties for violations of the ordinance. First Readi �,V. Bierschwale /M. Hansen) Mayor Pro -Tern Scagliola stated he was asked to,take no action on this item 3. Ordinance No. 14 -M -24 — Consideration and /or action, approving an Ordinance amending the City's Code of Ordinances Chapter 50, Article I I "regulating the discharge of guns; providing for certain exceptions; repealing all Ordinances of parts of Ordinances in conflict with this Ordinance; and providing an effective date. Firs heading (J. Bierschwale /M. Hansen) The following ANCE NO. 14 -M -24 AN ORDINANCE AMENDING THE, CITY'S CODE OF ORDINANCES CHAPTER E- 50, ARTICL IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS *, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 'WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor -Pro -Tem Scagliola recognized Police Chief Michael Hansen who introduced this item answering questions from Council. Chief Hansen stated that the City of Schertz (the "City ") requests authorization to amend Chapter 50 of the City's Code of Ordinances to provide for a more enforceab e ordinance and to allow the discharge of firearms on a city owned or leased property by public safety officers or individuals under the supervision of public safety officers for training, qualification and other related activities. The same amendment would remove some of the more restrictive prohibitions on specific conduct that occurs by citizens on and entirely within their own private property such as firing a toy gun or casting a rock. Chief Hansen stated the benefit of this ordinance is to create a safer community by enhanced firearms training to our law enforcement officers. It will reduce travel time and the expense of having to utilize training on facilities located outside of our city. The amended ordinance would demonstrate a more reasonable approach to certain specific conduct that occurs on private property. Staff recommends approval of first reading. 05 -20 -201.4 Minutes Page - 4 - Mayor Pro -Tem Scagliola recognized Councilmember Fowler who asked if this ordinance would also include the idea of building a range where you could fire your weapons. Chief Hansen answered ultimately yes. Mayor Pro -Tem Scagliola stated that he believes currently we have a prohibition of firing weapons from IH 35 to FM 78. Chief Hansen stated there is a State Law and City Ordinance that regulates firing of weapons for the purposes of hunting and there are specifics on the size of property which this can be done, but this ordinance this evening is not in that area in which they want to amend. Mayor Pro -Tem Scagliola recognized Councilmember Duke who asked in the definition of "air gun" does that include paint balls. Chief Hansen answered Yes, the intent is to regulate items that occur on someone's property or with the property owner-that does not extend on someone else's property, it would not allow for that. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved,, seconded by Councilmember Fowler, to approve Ordinance 1b 14 -M- 4 on first reading. "The vote was unanimous with Mayor Pro -Tem Scagliola, Coun bnembers Fowler, Edwards, and Duke votingyes and no one voting no. Councilmember Jon,was absent. Motion Carried. Mayor Pro -Tem Scagliola recognized Senior Planner Lesa Wood who introduced this item stating this is a, request for rezoning in the Southern part of Schertz. The applicant is proposing to rezone approximately 0.468 acres of land in The Reserve at Schertz II Subdivision from General Business District (GB) to Residential Agriculture District (RA). The property is currently undeveloped and is located on Boenig Drive approximately 165 feet west of the street Laura Heights. The property is located in the Air Installation Compatibility Zone (AICUZ) — Accidental Potential Zone I (APZ1) and is currently undeveloped. 05 -20 -201.4 Minutes Page - 5 - IN The applicant has indicated that the primary reason for the proposed rezoning is to include the 0.468 acre tract of land into the adjacent residential lot to the south located in The Reserve at Schertz II Subdivision. The public hearing notice was published in "The Daily Commercial Recorder" on May 1, 2014 . and the "Herald" on May 7, 2014. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 11, 2014. Staff received one (1) response opposed of the request. Staff reviewed the request for conformance with the Comp Land Use Plan (FLUP). The FLUP designates the subject Compatible Use Zone (AICUZ) which is defined in the Com mixed use limited to activities permitted in accordance with are generally low intensity and designed to enhance the,: c o agriculture, recreation, water features and clustered, low, de Zoning Commission conducted the public hearing on recommendation of approval by a unanimous vote. Mayor Pro -Tem Scagliola opened the public hey hearing and opened it up for Council discussion. Mayor Pro -Tem Scagliola recognized Councilmember I was to the posted request. Senior Planner Lsa Wood water runoff. The response was it will be addre"ssied, with rehenive Land Plan and Future property as the Air Installation prelhensive Land Plan as areas of AICUZ, recommendations. Uses ncepts cif, open space, including nsity housing. The Planning and May 14, 2014 and offered a one spoke, closed the public asked what the response concern was with storm Mayor Pro -Tem Sea liola recognized Clouncilmember Fowler who moved, seconded by Councilmember Edwards; to approve Ordinance No. 14 -S -25 on first reading. The vote was unanimous wiih Mayor PrIo -"Tem Scagliola, Councilmembers Fowler, Edwards, and Duke votingyes and not voting'no. Councilme be�John was absent. Motion Carried. ORDINANCE NO. 14 -S -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.812 ACRES OF LAND FROM PLANNED UNIT DEVELOPMENT TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Pro -Tem Scagliola recognized Senior Planner Lesa Wood who introduced this item answering questions from Council. Ms. Wood stated that the applicant is proposing to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit 05 -20 -201.4 Minutes Page - 6 - Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The Verde Enterprise Business Park PUD Ordinance 07 -S -14A was approved by City Council on March 6, 2007 to allow a mix of commercial and industrial uses. The request is to develop Unit 1 on the Business Park in accordance with the existing PUD Ordinance 07 -S -14A with a modification to the building setback adjacent to property located outside that is commercial or industrial. The public hearing notice was published in "The Daily Commercial Recorder" on May 1, 2014 and the "Herald" on May 7, 2014. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of thy, subject property on April 11, 2014. Staff received one (1) response in favor of the request. IV. AMENDMENTS TO CO A.1 Building Setback yard setback 'o, rig on April 23 Mayor Pro -Tem spoke: ve a setback` Je of the PU. DEVELOPMENT STANDARDS least twenty feet (20') from a perimeter lot 9A(c)]. uet and is of the opinion that that proposed zoning request will be inding adjacent land uses. It is unclear why the PUD was written to acent to commercial or industrial uses when the current zoning of �r to adjacent property located outside the PDD has a minimum (0). The Planning and Zoning Commission conducted the public and offered a recommendation of approval by a unanimous vote. opened the public hearing and recognized the following who • Mr. Robert Brockman, 1000 Elbel Road, who stated he had attended the Planning and Zoning Commissions Public Hearing and he doesn't understand the change request to the PDD classification. He thought they should ask for a variance but maybe the applicant doesn't qualify for that. They are reducing the distance between these buildings to less than 50 feet. He stated that currently the PDD calls for 50 feet and he doesn't believe they are going to maintain that. He feels that we may find in the future that we should have done that. He also stated to Council that he would like to see the applicant's presentation that was mentioned earlier. 05 -20 -201.4 Minutes Page - 7 - As no one else spoke, Mayor Pro -Tem Scagliola closed the public hearing and opened it up for Council discussion. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he thought it would be a good idea to see the applicant's presentation. Mayor Pro -Tem Scagliola recognized Ms. Michelle Housman, representative for the applicant at 10003 NW Military, San Antonio, Texas. The applicant is planning to develop a retail shopping center on the property in question. The development team is present if anyone has any questions. Verde South Partners is the owner; "'Kevin Love is the civil engineer, and Mark Neville is the architect. She provided a PowerPoint presentation and answered questions from Council. Councilmember Fowler asked, if there was enough room in the back for a truck to unload a delivery. The answer was yes, and there was also enough room for a fire truck to pass through as well. Councilmember Edwards asked about drainage in the area by GCR Tire and Ms. Housman stated they were working I c gether with the other property owners regarding an easement for water flow. Mayor Pro -Tem Scagliola asked Senior Planner Lesa Wood about drainage. Has it been considered as part of the rational for the setback itself? I Ms. Wood stated when the ordinance was passed back in 2006 it was for residential to Have a setback of 20 feet if next to a commercial property. It was more to do with uses notrinage. They will still be working together with the applicant to work out details regarding`landseaping, parking, and fire access, frontage road access, and more. Mayor Pro- Tem'gliola recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1, 3 4 .nd 5.: Requests and Announcements 6. Announcements by City Manager • Citizen. Kudos • Recognition of City employee actions • New Departmental initiatives 05 -20 -201.4 Minutes Page - 8 - Mayor Pro -Tem Scagliola recognized City Manager John Kessel who complimented our EMS personnel who have the training and get people where they need to be but only if their vehicles are operational. He recognized Public Works Fleet mechanic II, Tom Donley, a ten year veteran, who is the go -to guy to keep our EMS fleet moving. Taking care of the EMS units is his number one priority. He is highly motivated and as responsible for keeping the EMS vehicles going as anyone else. Mr. Kessel said he just wanted to highlight the fact that there is always another group of folks behind the scenes making those at the front look good and enable them to do their job. 7. Requests by Mayor and Councilmembers that items be placed 'tip a future City Council agenda. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he would like us to consider expanding our councilmembers from 5 -7 members. H'e suggested we do this sometime after completing our charter review and maybe seat a cormintwe for this purpose. City Manager John Kessel stated that since this would actually be a function, of the charter, it could be addressed during the charter review tide frame. 8. Announcements by Mayor and Councilmembers Mayor Pro -Tern Scagliola 're ognized Coun ilmember Fowler who stated he attended the following events: y 15, 20 14, Guadalupe County Regional Mayor's Association Monthly �qT Pro -Tem Scagliola stated he attended the following events: 6' . ,Thursday, May 15, 2014, Laura Heights Estates Semi - Annual HOA meeting • Tuesday, May 2q, 2014,Schertz Chamber luncheon, Schertz Civic Center Adiournment As there was no furtherbusiness, the meeting was adjourned at 6:55 p.m. Mayor Pro -Tem David Scagliola ATTEST: Deputy City Secretary, Donna Schmoekel 05 -20 -2014 Minutes Page - 9 - 05 -20 -201.4 Minutes Page -10 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 27, 2014 Department: Police Department Subject: Ordinance No. 14 -M -24 - Discharge of Guns Ordinance (Final. Reading) BACKGROUND The City of Schertz (the "City ") requests authorization to amend Chapter 50 of the City's Code of Ordinances to provide for a more enforceable ordinance and to allow the discharge of firearms on a city owned or leased property by public safety officers or individuals under the supervision of public safety officers for training, qualification and other related activities. The same amendment would remove some of the more restrictive prohibitions on specific conduct that occurs by citizens on and entirely within their own private property such as firing a toy gun or casting a rock. City Council approved this on first reading at their meeting of May 20, 2014. Goal The City seeks to enhance the training available to its law enforcement officers by providing for local firearms training. This will reduce travel time to ranges located outside the city and will provide enhanced scheduling of training. The enhanced scheduling will reduce overtime spent in such activities. In addition, the amended ordinance would allow for a less restrictive, more enforceable ordinance as it relates to conduct occurring on private property. Community Benefit The benefit of this ordinance is to create a safer community by enhanced firearms training to our law enforcement officers. Reduce travel time and expense of having to utilize training on facilities located outside of our city. The amended ordinance would demonstrate a more reasonable approach to certain specific conduct that occurs on private property. Summary of Recommended Action Recommend approval of final reading of ordinance amending chapter 50 of the City Code of Ordinances to make it lawful for a public safety officer or an individual under the supervision of a public safety officer to discharge a firearm on property owned or leased by the City for the purpose of firearms training. FISCAL IMPACT None. RECOMMENDATION Approve final reading of Ordinance No. 1.4 -M -24 ATTACHMENT(S) Ordinance No. 14 -M -24 AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 50 -124 of the City's Code of Ordinances currently prohibits the discharge of a gun within the certain portions of the City limits; and WHEREAS, Section 50 -125 of the City's Code of Ordinances currently provides certain exceptions to the prohibitions found in Section 50 -124; and WHEREAS, City Staff has reviewed the current regulations and hereby recommends certain additional exceptions to the prohibition on the discharge of a gun be provided for in Section 50 -125; and WHEREAS, City Staff further recommends that Section 50 -124 be updated for consistency with its purpose; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that the recommendations of City Staff should be accepted; and WHEREAS, City Council of the City of Schertz hereby finds and determines that the exceptions to the prohibition on the discharge of a gun and the additional amendments provided for herein are in the best interest of the health, safety, and welfare of the citizens of the City of Schertz. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 50, Article IV Guns, BB Guns, Pellet Guns be amended as follows: Sec. 50 -124. Unlawful to fire. (a) It shall be unlawful to willfully or intentionally shoot a gun within the limits of the city, except as provided in section 50 -125. it shall also be unlawful to th,,ow stones other- missiles, of to shoot or- to disehafge any stones of othef missiles with Of 40M slingshot of any kind. A person asserting an exception to prosecution under this section shall be required to prove same as a defense under the provisions of the Texas Penal Code and a Code of Criminal Procedure. (b) A gun shall include specifically, but not exclusively, any shotgun, pistol, rifle, -aif i4fle, BB gon, bow and affew and *hef meehani that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion, nieeh,,,; °m, e (c) It shall be unlawful to willfully or intentionally discharge an airgun, BB gun, toy gun, slingshot, crossbow, bow and arrow, or cast a stone or rock by a citizen not on his or her own property or with the permission of the property owner, or if on his or her own property or with the permission of the property owner, in a manner in which the projectile enters into or onto another person's property. A violation of this section shall constitute a misdemeanor and upon conviction shall be punishable by a fine pursuant to the general penalty set forth in this Code. In addition, the city may also direct the city attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this section. Sec. 50 -125. Exception. Excepted from section 50 -124 are: (5) By any Public Safety Officer or by an individual under the supervision of Public Safety Officer on property owned or leased by the City for purposes of gun training_ Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50310827.1 - 2 - PASSED ON FIRST READING, the day of , 2012. PASSED, APPROVED and ADOPTED ON SECOND READING, the day of .2012. CITY OF SCHERTZ, TEXAS Mayor City Secretary (CITY SEAL) 50310827.1 - 3 - AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 50 -124 of the City's Code of Ordinances currently prohibits the discharge of a gun within the certain portions of the City limits; and WHEREAS, Section 50 -125 of the City's Code of Ordinances currently provides certain exceptions to the prohibitions found in Section 50 -124; and WHEREAS, City Staff has reviewed the current regulations and hereby recommends certain additional exceptions to the prohibition on the discharge of a gun be provided for in Section 50 -125; and WHEREAS, City Staff further recommends that Section 50 -124 be updated for consistency with its purpose; and WHEREAS, the City Council of the City of Schertz hereby finds and determines that the recommendations of City Staff should be accepted; and WHEREAS, City Council of the City of Schertz hereby finds and determines that the exceptions to the prohibition on the discharge of a gun and the additional amendments provided for herein are in the best interest of the health, safety, and welfare of the citizens of the City of Schertz. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That Chapter 50, Article IV Guns, BB Guns, Pellet Guns be amended as follows: See. 50 -124. Unlawful to fire. (a) It shall be unlawful to willfully or intentionally shoot a gun within the limits of the city, except as provided in section 50 -125. A person asserting an exception to prosecution under this section shall be required to prove same as a defense under the provisions of the Texas Penal Code and a Code of Criminal Procedure. (b) A gun shall include specifically, but not exclusively, any shotgun, pistol, rifle, that discharges or ejects any bullet, buckshot, or any other metallic object of any size by force of combustion. (c) It shall be unlawful to willfully or intentionally discharge an airgun, BB gun, toy gun, slingshot, crossbow, bow and arrow, or cast a stone or rock by a citizen not on his or her own property or with the permission of the property owner, or if on his or her own property or with the permission of the property owner, in a manner in which the projectile enters into or onto another person's property. (d) A violation of this section shall constitute a misdemeanor and upon conviction shall be punishable by a fine pursuant to the general penalty set forth in this Code. In addition, the city may also direct the city attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this section. Sec. 50 -125. Exception. Excepted from section 50 -124 are: (5) By any Public Safety Officer or by an individual under the supervision of Public Safety Officer on property owned or ]eased by the City for purposes of gun training. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 20th day of May, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 27th day of May, 2014. . CITY OF SCHERTZ, TEXAS Michael R. Carpenter, Mayor Brenda Dennis, City Secretary (CITY SEAL) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2014 Department: Development Services Subject: Ordinance No. 14 -5 -25 — Conduct a Public Hearing and consideration and /or action on a request to rezone approximately 0.468 acres of land from General Business (GB) to Residential /Agriculture (.RA). The property is more specifically described as a portion of the Stacy B. Lewis Survey No. 31.7, Abstract No. 443, and the Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas, generally located on Boenig Drive approximately 170 feet west of the street Laura Heights. (Final Reading) The applicant is proposing to rezone approximately 0.468 acres of land in The Reserve at Schertz II Subdivision from General Business District (GB) to Residential Agriculture District (RA). The subject property is currently undeveloped and is located on Boenig Drive approximate 165 feet west of the street Laura Heights. The property is located in the Air Installation Compatibility Zone (AICUZ) — Accidental Potential Zone I (APZI) and is currently undeveloped. The public hearing notice was published in "The Daily Commercial Recorder" on May 1, 2014 and the "Herald" on May 7, 2014. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 11, 2014. Staff received one (1) response in opposed of the request. City Council approved this on first reading at their meeting of May 20, 2014. Goal Triple H Development is requesting to rezone the approximate 0.468 acres tract of land to from General Business (GB) to Residential Agriculture (RA) to include in the adjacent residential subdivision The Reserve at Schertz II. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action Staff reviewed the request for conformance with the Comprehensive Land Plan and Future Land Use Plan (FLUP). The FLUP designates the subject property as the Air Installation Compatible Use Zone (AICUZ) which is defined in the Comprehensive Land Plan as areas of mixed use limited to activities permitted in accordance with AICUZ recommendations. Uses are generally low intensity and designed to enhance the concepts of open space, including agriculture, recreation, water features and clustered, low density housing. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. In particular, the proposed zone change is consistent with the proposed uses in the area of Randolph Air Force Base. • Impact of Infrastructure: The proposed zoning should have a minimal impact on the existing and planned water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request should have minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by undeveloped land, single family residential and agriculture uses which is currently consistent with the Comprehensive Land Use Plan. • Compatibility with the Air Installation Compatibility Use Zone Studer The subject property is located within the Accidental Potential Zone I (APZ 1). Using the AICUZ study dated April 2008 staff has determined that the change in the zoning will support the study and protect Randolph Air Force Base operations from incompatible land uses. The applicant has indicated that the primary reason for the proposed rezoning is to include the 0.468 acre tract of land into the adjacent residential lot to the south located in The Reserve at Schertz II Subdivision. FISCAL IMPACT None 119 xKI]►I 10410111111117,174 Y [I7►1 The Planning and Zoning Commission conducted the public hearing on May 14, 2014 and offered a recommendation of approval by a unanimous vote. City Council Memorandum Page 3 Staff recommends approval of the zoning request based its compatibility with the adjacent land uses; compliance with the Comprehensive Land Plan and the AICUZ study. ATTACHMENT Ordinance No. 14 -S -25 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 0.468 ACRES OF LAND FROM GENERAL BUSINESS (GB) TO RESIDENTIAL /AGRICULTURE (RA). WHEREAS, An application to rezone approximately 0.468 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on May 14, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning; and WHEREAS, on May 20, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Single Family Residential /Agricultural District (RA). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 20nd day of May, 2014. . PASSED, APPROVED AND ADOPTED on final reading the 27th day of May, 2014. . Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" 1`qtrvcnl bey t L 7 ki _L B R Q 0 P u a n 770040 .r FIEW .NO,.LTES "ZONING EXHIBW' 408 ACRE OUT 01' 104,684. X ES, VOL. 7801, PG. 453 BC-. U a W8 UM i6`z:a,t MI "K K niW 5Ufl11K,-1b1 r Sara tr t, 4 a B 04 t S4 acm a, as out of Hie Smey Lx. bs,kui -, Sw wy Nx ", Abvi is 44 n mid dw A11W1A0 3 ,acrUW N'u i„i -16. b,sLrL9c i N(,, 82 Ba.ru t: ",r nty, Texas and being more p arraeri�arly ki-scrj6,Lad a,'. Lnliows' izf�a�at Me mcst raatnkdt awnu dat't,ot 1 i. Wk i and aS sa..CQidod is °t °,101LUTot- Gaa 93, pa ,,-,c lr,lw Lit_ nce. S 59 :°ti,_. I " W. a WcW dtsttta e a +r. Lr838 Nm w a pts w Ar a wE"lta o Ns Wn WNW imm and being on tlw ��,aast3�a ei�,�it ,r r . ? L�ease�� Lrri,,e: 1 L1L'7we, coC "d1Pr9 inv, alnng the s4 urh rops t,[ li«~i "a t`Pi 33,,.r�ji Q; L:�k"i vc.5 N _r t011 -0 )'- a t .' ba a f, :u �� d stancc srt`.�. 30A US i vt to a poll for aL �:ha3' er of Oe here' n described lTe",m Theme; 1+ 304 5 4" I:, to i:cnal dasta,aaae <-tf 1NA! ke gym, d w okil oF Lra ghning and conminhgg f1468 diorr °s: n. Y i. ,?,zsic.tedPubhc Land .fai *dqaar Page f7 k�z �� LIN t°UON MAP Exhibit B "The Property" M t:. O" t i 0.468 ACRE h�E S BCU BB ZQ�EIN EXtlB[7 #Z Wk i fi: SH Tt yr,s} 1 3Y\ U 3f; r MOd NYAf gsitd, ey4g i5i N I 1 �° 0.468 ACRE h�E S BCU BB ZQ�EIN EXtlB[7 \� H\ z6Z 2/ / 502d Civil Engineer Squadron 1555 Gott St JBSALackland TX 78236 -9645 DEPARTMENT OF THE AIR FORCE 602D AIR RASE WING JOINT BASE SAN ANTONIO Ms. Lesa Wood Senior Planner Development Services Planning Department 1400 Schertz Parkway Schettz, T'X 78154 Dear Ms, Wood My staff reviewed your 17 December 2013 letter of notification sent to the City of Schertz requesting a zone change to a parcel of land that is located within the Accident potential Zone I (APZ 1), Using the Randolph Air installation Compatible Use Zone (AICUZ) study dated April 2008, the Standard Land Use Coding Manual (SLUCM), Air Force Handbook 32 -7084, and Unified Facilities Criteria(UFC) 3- 260 -01, the following determination was made: Based on the information presented in your letter; my staff confirms the proposed zoning change is for a 0;468± acre tract of land located just within APZI and is adjacent to and intended to be used as pail of a larger Single Family Residential/Agriculture District (RA) lot Rezoning the 0468:E acre parcel from General Business to correspond with the adjacent RA zoned lot creates a contiguous parcel of residential land, This parcel will enlarge the residents' back yard, Therefore, Joint Base San Antonio (JBSA)- Randolph does not object to the requested zoning change. We grant approval of this proposed zoning change as it meets the two objectives of the AICUZ program, "to assist local officials in protecting and promoting the public health, safety, and welfare by promoting compatible development within the AICUZ:area of influence" and " to protect Air Force operational capability born the effects of land use which are incompatible with aircraft operations, Thank you for your proactive support and cooperation your City conlJnues to exhibit when dealing with developments adjacent to JBSA- Randolph and specifically your actions to ensure compatible land use related to the AICUZ. Your support allows car existing missions to continue and helps solidify our longevity as your neighbor. If you have any questions, my point of contact is Ms; Maureen Goodrich at 210 - 808 -9629 or e -mail maureer±.e goodrich,c yta inail.ini1. APR tt ( t i COMMUNITY SERVICE December 17'2Oi3 Randolph Air Force Base Chief Community Planner via email: mil Attn: Richard Cole 16515«/ Street West Randolph AFB, Texas 7815O IMMIMERM This letter iotninform you that a zone change request has been submitted t0 the City nf Schertz that is located within the Accident Potential Zone I (APZI), In accordance with the City of Schertz Unified Development Code (UDC) a request for zone change located within the Air Installation Compatible Use Zone District (/\|CUZ) requires written notification to Randolph Air Force Base (RAFR). CurmentPmmDertv Owner: Harry Hausman 15720Bmndera Road, Suite 103 He{(des. Texas 780J3 Phone: 210-695-5400 Egguest ZC2813-014 The Reserve at 5chedz || Subdivision - a request to rezone approximately 0.468± acres of land from General Business District (GB) to Single Family Residential/Agriculture District (FA). The property is more specifically described oS0.4O8 acre tract nf land out 0f8i[N.G84 tract of land out uf the Stacy 8. Lewis Survey No. 317, Abstract No. 443' and the Antonio Zamora Survey No. 36. Abstract No. 82. Recorded |n Volume 16]47. Page 1353. Special Warranty Deed, Rexar County, Texas, generally located on Boenig Drive approximately 170 feet west of Laura Heights. Proposed Develg2Lgent, The applicant has submitted a request for zone change tn a||ovv the 0.468 acres to be included into the adjacent Single Family Residential/Agriculture District (RA). The subdivision will have i2i Single Family Residential lots with a minimum half-acre lots as dictated by the zoning district, The Standard band Use Coding Manual (SiUC0) for the pn}n0Sed use i8 11A1 — Single units; detached The UDC defines this zoning district as follows: Intended to provide for areas in which agricultural land may be field in such use for as long as is practical and reasonable. Residences in this District are intended to be on a minimum lot size of 21,780 square feet (one-half acre). This District is suitable for areas where development is premature due to lack of utilities, capacity or service, and for areas that are unsuitable for development because of physical restraints or potential health or safety hazards. UDC Article 21.5.9 - Special Districts requires review and consideration by RAFB: Recommend approval; no comments — Recommend approval; with comments Recommend disapproval; with comments Name of RAFB representative Signature Date Please return your comments by no later than so that staff may inform the applicant and finalize the zone change process. If you have any questions or concerns, please feel free to contact me at 210-619-1785 or the Planning and Zoning Department at (210) 619-1780. Enclosures: Aerial Map of subject property Zoning Exhibit Graphic of lot Permissible Uses – UDC, Sec. 21,5.8 Special Districts – UDC, Sec. 21.5.9 1400 Schertz Parkway Schertz, Texas 78154 2'10. &19.1000 SCHERTZ CITY LIMITS 4 I I l I I I 1 I I�jVf I I+ ESTATES COMMERCIAL I\] n -7, LEGEND A.P.Z. ACCIDENT POTENTIAL ZONE N B.S.L. BUILDING SETBACK LING OIL °S�NER�� R.O.W. RIGHT OF WAY 0 OF 1° ENE G��A / 25j � Iry / ' I / �' REZONING LINE L a rn Q � I I I 5 0' w Q � I /I i vi 5 m � i h �I 6o 0 k6' ' ti Pq� I 05 AC i N 2S' o S C. N I L0 rel W W EXHIBIT FOR LOT 4➢ BLOCK 22 PAD FOOTPRINT THE RESERVE AT SCIIERTZ II O O OD n APZ I LIMIcTF S — LZ IIIMTS O O CO Ln ti e a v SCALE: t" = 60' -INSI ` N G 6 .N I N E ERIN -',. 8110 RROAGWAY (210)828 -0431 SAN ANTONIO. T% ]8289 (218) 8281432 fax TBPE FIRM REG. NO. F -NG8 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: May 20, 2014 Department: Subject: BACKGROUND Development Services Ordinance No. 14 -S -26 — Conduct a Public Hearing and consideration and /or action on a request to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The property is specifically Unit 1 of the Verde Enterprise Business Park and generally located on the corner of Interstate Highway 35 and Mid - Cities in the City of Schertz, Guadalupe County, Texas. (Final Reading) The applicant is proposing to rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit Development (PUD) Ordinance 07-S- 14A to Planned Development District (PDD). The Verde Enterprise Business Park PUD Ordinance 07 -S -14A was approved by City Council on March 6, 2007 to allow a mix of commercial and industrial uses. The request is to develop Unit 1 on the Business Park in accordance with the existing PUD Ordinance 07 -S- 14A with a modification to the building setback adjacent to property located outside that is commercial or industrial. The public hearing notice was published in "The Daily Commercial Recorder" on May 1, 2014 and the "Herald" on May 7, 2014. Six (6) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on April 11, 2014. Staff received one (1) response in favor of the request. City Council approved this on first reading at their meeting of May 20, 2014 Goal Verde South Partners, LDT. is requesting to rezone the approximate 3 acres tract of land to modify the development standards to change the setbacks for buildings from a perimeter lot line outside of the Planned Development District from a minimum of 50' to a minimum of 20'. City Council Memorandum Page 2 Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The subject property is an approximately 3 acre tract of land that is located at the intersection of Mid - Cities and the IH 35 Frontage road and is currently undeveloped. The applicant is requesting to rezone the subject property to modify the development standards to change the setbacks for buildings from a perimeter lot line or property outside of the PUD from fifty foot (50') to twenty foot (20'). The subject property shall develop in accordance with the regulations of Ordinance 07-S- 14A except as follows: IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT STANDARDS A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A(c)]. Staff has reviewed the request and is of the opinion that that proposed zoning request will be compatible with the surrounding adjacent land uses. It is unclear why the PUD was written to have a greater setback adjacent to commercial or industrial uses when the current zoning of General Business (GB) for the adjacent property located outside the PDD has a minimum side yard setback of zero (0). FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission conducted the public hearing on April 23, 2014 and offered a recommendation of approval by a unanimous vote. Staff recommends approval of the zoning request. ATTACHMENT Ordinance No. 14 -S -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 2.812 ACRES OF LAND FROM PLANNED UNIT DEVELOPMENT TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, an application to rezone approximately 2.81.2 acres of land described in the Exhibit A and Exhibit B attached herein (herein, the "Property ") has been filed with the City; and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain conditions to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a requested zone change (the "Conditions "); and WHEREAS, on April 23, 2014, the Planning and Zoning Commission conducted a public hearing and, after considering the Conditions, herby makes a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on May 20, 2014 the City Council conducted a public hearing and after considering the Conditions and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 20nd day of May, 2014. . PASSED, APPROVED AND ADOPTED on final reading the 27th day of May, 2014. . Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" msa HIOCI. WT.-WA Lj msa HIOCI. Lj f tart msa Exhibit B "The Property" I Pi1, 34 11 Exhibit C "The Development Standards" The subject property will develop in accordance with the regulations of Ordinance 07 -S -14A except as follows: A.1 Building Setback All buildings shall have a setback of at least twenty feet (20') from a perimeter lot line of property outside of the PUD. [7.9A (c)]. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2014 Department: City Manager Subject: Resolution No. 14 -R -44 — Third Amendment to Verizon Tower Lease Agreement BACKGROUND On March 17, 2009, the City Council approved a telecommunications antenna lease (with three possible five -year extensions) with Verizon Wireless at City's water tank site at 1057 Live Oak Road. On April 14, 2009, the Tower Lease Agreement was amended to finalize Exhibit B to the Tower Lease Agreement and to modify the process of securing and paying for background checks on Verizon personnel who will work at the water tank site. On October 1, 2010 a second amendment was approved to reflect a previous modification of Verizon's equipment on the City's water tank site, to provide for the collection of back rent due as a result, and to correct increased rent in the future. Verizon has asked that the Tower Lease Agreement be further amended to reflect a necessary equipment upgrade modification of Verizon's equipment on the City's water tank site. City staff recommends such amendment. FISCAL IMPACT The City will receive an increased annual rent in the amount of $4,214.25 pro -rated over 11 months beginning June 1, 2014 and increased rent at the rate of 4% annually on May 1 st in each year during the remaining four years of the current five year term. Approve Resolution No. 14-R-44 Resolution No. 14 -R -44, with Third Amendment to Tower Lease Agreement attached as Exhibit A. RESOLUTION NO. 14 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A THIRD AMENDMENT TO TOWER LEASE AGREEMENT WITH SAN ANTONIO MTA, L.P., D /B /A VERIZON WIRELESS, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council ") of the City of Schertz (the "City ") has determined that it is in the best interest of the City to enter into a Third Amendment to Tower Lease Agreement (the "Amendment ") with San Antonio MTA, L.P. d/b /a Verizon Wireless ( "Verizon "), relating to telecommunications antennas and equipment to be placed on the City's water tank at 1.057 Live Oak Road; now, therefore, THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the attached Amendment with Verizon in the form attached as Exhibit A. The City Manager may agree to changes to the Amendment which the City Manager, upon the advice of the City Attorney, determines are insubstantial changes in the nature of clarifying additions or corrections of clerical errors. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts hereof, which are in conflict or inconsistent with any provision of the Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application hereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage and it is so resolved. PASSED AND ADOPTED, this 27th day of May, 2014. CITY OF SCHERTZ Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) Lessee Site: Menlo Lessor Site: Live Oak WT2 THIRD AMENDMENT TO TOWER LEASE AGREEMENT THIS THIRD AMENDMENT TO TOWER LEASE AGREEMENT (the "Third Amendment ") is made and entered into by and between CITY OF SCHERTz, TEXAS (the "LESSOR "), and SAN ANTONIO MTA, L.P. D /B /A/ VERIZON WIRELESS (the "LESSEE ") (collectively referred to as the "Parties "). WHEREAS, LESSOR is the owner of certain real property located at 1057 Live Oak Rd. in the City of Schertz, Guadalupe County, Texas, on which there is located a water tower facility (the "Tower ") owned by LESSOR; and WHEREAS, LESSOR and LESSEE entered into a Tower Lease Agreement dated March 17, 2009 (the "Agreement "), for the use of a certain portion of the Tower by LESSEE as amended by that certain First Amendment to Tower Lease Agreement dated April 14, 2009 (the "First Amendment "); and by that certain Second Amendment to Tower Lease Agreement dated October 1, 2010 (the "Second Amendment "); and WHEREAS, LESSEE desires to modify its equipment on the Tower (hereinafter referred to as the "Modified Equipment "); and WHEREAS, as a consequence, LESSEE's rent payments will increase effective June 1, 2014 by $4,214.25 per year, making it necessary to amend the Agreement to accurately state the annual rent payments for the remaining initial term and extended terms of the Agreement. NOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: AGREEMENT 1. Amendment to Section 4. The Annual Rent schedules contained in Section 2 of the Second Amendment, amending Section 4 of the Agreement, are hereby deleted and replaced with the following: 1st Extended Term Annual Rent 4% annual increases --------------- ------------------------------- May 1, 2014 ---------------------------------- $ 46,405.63 Additional Rent Due for the period June 1, 2014 through April 30, 2015 (prorated) $ 3,863.06 May 1, 2015 $ 52,644.68 May 1, 2016 $ 54,750.46 May 1, 2017 $ 56,940.48 May 1, 2018 $ 59,218.10 Lessee Site: Menlo Lessor Site: Live Oak WT2 2nd Extended Term Annual Rent 5% annual increases May 1, 2019 $ 62,179.00 May 1, 2020 $ 65,287.96 May 1, 2021 $ 68,552.35 May 1, 2022 $ 71,979.97 May 1, 2023 $ 75,578.97 3rd Extended Term Annual Rent 5% annual increases May 1, 2024 $ 79,357.92 May 1, 2025 $ 83,325.81 May 1, 2026 $ 87,492.10 May 1, 2027 $ 91,866.71 May 1, 2028 $ 96,460.04 2. Amendment to Exhibit C -1. Exhibit "C -1" to the Second Amendment is hereby deleted in its entirety and shall be replaced with the revised Exhibit "C -2" attached hereto and incorporated herein by this reference. 3. Entire Agreement. This Third Amendment, together with the Agreement (as amended by the First Amendment, Second Amendment and this Third Amendment), sets forth the entire understanding of the Parties and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter hereof. 4. Binding Effect. This Third Amendment will extend to and be binding upon and inure the benefit of the Parties and their respective successors and permitted assigns. 5. Effect of Third Amendment. The Parties agree, that except as modified hereby, the Agreement remains valid, binding, and in full force and effect. If there is a conflict or inconsistency between this Third Amendment and the Agreement, the First Amendment, and the Second Amendment, this Third Amendment will control and modify the Agreement, the First Amendment, and the Second Amendment. Lessee Site: Menlo Lessor Site: Live Oak WT2 IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be duly executed, upon lawful approval and authority, in multiple originals, effective as of , 201.4. LESSOR: CITY OF SCHERTZ, TEXAS John C. Kessel, City Manager LESSEE: SAN ANTONIO MTA, L.P. d/b /a Verizon Wireless By: Verizon Wireless Texas, LLC, its general partner Printed Name: Aparna Khurjekar Its: Area Vice President Network Date Signed: Lessee Site: Menlo Lessor Site: Live Oak WT2 Exhibit "C -2" Equipment Modification — Final Configuration City of Schertz, Texas Properties SITE APPLICATION FOR EQUIPMENT Mi 5W901693 3j, Verizon Third Amendment C -2 Agenda No. 6 lei M401"LlueIEd1010[Q T.110111/lul City Council Meeting: May 27, 2014 Department: Subject: BACKGROUND City Secretary Boards, Committees, and Commission appointments The Interview Board for Boards, Commissions, and Committees was provided information on May 5, 2014, on those wishing to renew their applications as well as was provided information on new applicants and resignations. The Interview Board requests Council ratify the resignations of- - Tom DeKunder — Historical Preservation Committee - Julian Burgarin — Historical Preservation Committee - Sonia Samora — Library Board - Samantha Henness — Parks & Recreation - William Rumfelt — Planning & Zoning The members of the Interview Board that participated agreed to recommend to Council the re- appointments and appointments of the following individuals to various boards, committees and commissions with a term expiration date of May 2016: • Board of Adjustment • Richard Dziewit • Earl Hartzog • David Reynolds • Economic Development Corporation • Rosemary Scott • Grady Morris • Marvin Thomas • Sydney Verinder • Historical Preservation Committee o Dean Weirtz o Debbie Krause • Stefani Warshaw • Merle Behne • Lou Foehrkolb • Gail Hyatt • Sue Boissonneault (New applicant) (Appoint to fill vacancy of Tom DeKunder) • Louis Segaloff (New applicant) (Appoint to fill vacancy of Julian Burgarin) City Council Memorandum Page 2 • Library Advisory Board • Joanne Ward • Neota Brady • Carol Cyr • Sandy Keiser • Bobbie Boyce • Janice Manzo • Parks and Recreation Advisory Board o Aundra Davis • Sally Macias • Patrick :Russell • Robert Wallace • Johnie McDow (Move from Alternate 1 and appoint to Regular Position taking Samantha Henness vacant position) • Reginna Agee (Move from Alternate 2 and appoint to Alternate 1) • Michael Tamyo (New applicant) (Appoint to fill vacancy in Alternate 2) • Planning and Zoning Commission • Ernest Evans Jr. • Ken Greenwald • Michael Dahle • Bert Crawford • Transprotation Safety Advisory Commission (TSAC) • Mark Davis • John Cook • Larry Franklin • Phillip Rowland • Gary Preston — (At his request move from regular position to alternate 1) • Terry Welch (Move from Alternate 1 and appoint to regular position) The following boards remain to have the following vacancies: Board of Adjustment - 1 Alternate Position Library Board Planning & Zoning Commission (P &Z) Traffic Safety Advisory Commission FISCAL IMPACT - 1 Regular Position (Sonia Samora resigned) 1 Alternate Position (William Rumfelt resigned) - 1 Alternate Position City Council Memorandum Page 3 None Staff recommends Council appoint and re- appoint the above individuals to various boards, commissions, and committees per the recommendation of the Interview Board and ratify the resignations designated.