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06-10-2014 MinutesMINU'T'ES REGULAR MEETING June 10, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 10, 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 Michael Carpenter Councilmember Jim Fowler Councilmember Cedric Edwards Mayor Pro -Tem David Scagliola Councilmember Daryl John Councilmember Matthew Duke Staff Present: City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Pro -Tem Scagliola 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 Luke Evans, Christ Church San Antonio the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter arrived at 6 :05. City Events and Announcements • Announcements of upcoming City Events Q. BierschwaleB. James) Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements and upcoming events: • Wednesday, June 11, Two Wounded Veterans and their families will be presented keys to their new homes, Kensington Ranch Neighborhood, Rustic Willow Street (Selma) at 10:00 a.m. • Wednesday, June 11, 9s' Anniversary Schertz Chamber Celebration, at Retama Park, 5:30 -8:00 p.m. • Saturday, June 14, Schertz Idol Open Auditions presented by HYPer, Discovery Church, 242 Country Lane in Cibolo, 4:00 -6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) No announcements provided at this time. Presentations 06 -10 -2014 Minutes Page -1- • Presentation from the 100 Club for small grant to the Police Department. (M. Hansen/J. Correu) Mayor Carpenter recognized Police Chief Michael Hansen who introduced CID Lt. John Correu who stated that a couple of months ago a grant became available through the 100 Club which they applied for and were recently awarded. Lt. Correu stated that this grant is part of the bigger projects the Police Department is facilitating. Lt. Correu stated that what they are trying to do for every Officer in the department is to have them complete the Law Enforcement and First Response Tactical Casualty Care Course. For, those that are familiar with the military it is similar to the Combat Lifesaver Course. This course provides more than first aid for a critical incident. Upon completion of the course the police department has been able to purchase the first aid casualty kits through the grant for every police officer on the force. Lt. Correu introduced Mr. Jim Blair and Ms. Judy Weaver, Guadalupe County 100 Club Directors who came forward explaining their organization and the grant opportunities. Ms. Weaver presented a check in the amount of $820.99. Chief Hansen stated that approximately nine months ago, Lt. Correu accepted the challenge to become their Grant Officer. In the past nine months he has been very impressive with what he has been able to do. Total awards so far is $850,000 for the nine months. • Presentation on updated VisitSchertz.com website. (J. Takemura/M. Spence/L. Klepper/B. Cantu/M. Clauser) Mayor Carpenter recognized Computer and Web Technician JoAnna Takemura, Communications Manager Linda Klepper and Events Manager Mary Spence who came forward providing information on the development process and newly revised VisitSchertz.com website. Highlights included: • Planning and identifying content requirements • Audience (Customers) — residents and visitors, event planners, event participators and volunteers • Different Audience (Customers) = Different Platform — informal portal, events, rentals, attractions, lodging and outdoors • Website development focus • Behind the scenes (backend) — mobile responsive, semantic, and custom design • Right Content and Accessibility (frontend) — right content, right place • Maintainability (City Staff) — enhanced maintainability by non - technical staff Mayor and Council congratulated them for the excellent work. Hearing of Residents: Mayor Carpenter recognized the following who spoke: • Mrs. Faye Touve, 5213 Brookline who spoke regarding agenda item 4, Nortex Farms Development. She stated they attended the Planning and Zoning meeting and that 06 -10 -2014 Minutes Page -2- several of the residents met with the Denton Community Development Company last week. She stated they all have done a fantastic job. She complimented staff on making sure that this development didn't have the issues they had experienced in the Northcliffe area. The main issue regarding this development is that Black Butte is going to be cut through. They would like to see Black Butte not cut through until the development is finished. Residents are concerned that instead of going to the Nortex entrance the construction vehicles would take a short cut down Covers Cove, up Columbia, down Brookline and through Black Butte, thus tearing up the roads as well expressed concern for the safety of the children. in the neighborhoods. She understands from the code that there needs to be two (2) entrances in and out, and is asking Council to consider another way of accomplishing the same thing without cutting through Black Butte until after the development is finished. Mrs. Touve recommended the possibility of coming in off of Schwab Road. Mr. Henry Gutierrez, Bexar Waste who came forward stating that after a nine (9) year fight with the City of San Antonio regarding their excessive truck fees, they have switched their operations to the Mesquite Creek Landfill in New Braunfels. Workshop • Discussion on the process and possible direction regarding designating Tri -County Parkway as "Honorary Mayor Bucker Blvd." Q. Kessel/B. Cantu) Mayor Carpenter recognized Chief of Staff Bob Cantu who introduced this item stating that staff was challenge to come up with a possible alternative for how they could honor Mayor Bucker. He stated that members of staff and the Mayor met and had discussions prior to the presentation this evening. Staff concluded that the best way to honor Mayor Bucker was to rename the parkway. Mr. Cantu introduced Superintendent of Fleet and Streets Doug Letbetter who brought forward a replica of how the street signs would look once Council approves. Mr. Cantu provided the following lists of streets where the signs would reflect Mayor Bucker's name: • Tri -County Pkwy & 11135 N • Tri -County Pkwy & Corridor Pkwy • Tri -County Pkwy & Assembly Circle • Tri-County Pkwy & Guada Coma Drive • Tri -County Pkwy & FM 3009 Mr. Cantu stated that staff will be putting together a letter to the area businesses explaining what the City is trying to do, and provide them information on Mayor Bucker and how he was instrumental and had a connection with the area. Mr. Cantu stated that staff will also be placing a story in an upcoming issue of the Schertz Magazine. The whole project will cost the City $350.00 to do all six signs. Mayor Carpenter stated that during the time frame, 1973 to 1980 during Mayor Bucker's term, the land up to IH 35 was not in the boundaries of the City of Schertz. This area most likely would have been picked up by the City of San Antonio, but Mayor Bucker at that time was a realtor who on his own time walked and met with the land owners. 06 -10 -2014 Minutes Page - 3 - The Mayor had been in the military, stationed in Germany where he picked up a little German, just enough to go out and have a conversation with some of the landowners in the language they had grown up speaking. Mayor Bueker asked each of the landowners personally to commit to petitioning to be in or accepting the annexation of Schertz. If not for this, the land would not be here and we would not have businesses like Amazon.com or the Baptist Hospital or any of.the businesses up in the Tri -County area. He stated it was a significant contribution to the City thirty years before some of the successes were realized. Mayor Carpenter stated it is absolutely fitting and thanked and congratulated staff for coming up with a way where (a) it's not burdensome as to cost; (b) not burdensome to the businesses. They don't have to change their addresses, or their stationary, that could be very disruptive and expensive. The point of equilibrium is gained where we get to honor the former Mayor and not disturb the community that is trying to earn a living. Mayor Carpenter requested staff to order more than six (6) signs, as he wants to make a presentation and give one to Mayor Bucker. Mayor Carpenter recognized City Manager John Kessel who pointed out the names of Brian Chellino and Bryan Timmons, city employees of our sign shop. Mr. Kessel thanked each of them as staff had described what they were looking for and these individuals came up with the design and this has the wow factor. Mayor Carpenter stated that it adds to it that we have city staff employees who actually crafted the design, which is exceptional and requested that they actually make the presentation to Mayor Bucker, that this is their handy work and mark on the City. 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 June 3, 2014 Q. Kessel/B. Dennis) 2. Ordinance No. 14 -F -18 — Approval of an Ordinance amending Ordinance No. 14 -F -01, City Public Service (CPS Energy); amending the City's Franchise Fee. Final Reading (J. Kessel/J. Kessel) The following was read into record: ORDINANCE NO. 14 -F -18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING ORDINANCE NO. 14 -F -18, CITY PUBLIC SERVICE (CPS ENERGY); PROVIDING FOR ADOPTION; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 06 -10 -2014 Minutes Page - 4 - Resolution No. 14 -R -49 — Approve a Resolution amending Resolution No. 14 -R -36 authorizing a Landscape Construction and Maintenance Agreement with the Texas Department of Transportation regarding the landscaping of the Comal Settlement Historical Marker. (J. KesseI/B. James) The following was read into record: RESOLUTION NO. 14 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING RESOLUTION 14 -R -36 AUTHORIZING A LANDSCAPE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION REGARDING THE LANDSCAPING OF THE COMAL SETTLEMENT HISTORICAL MARKER, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember John to approve the consent agenda items 1, 2 and 3. The vote was 4 -0 -1 with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes, and Councilmember Edwards abstaining. Motion Carried Discussion and Action Items 4. Ordinance No. 14 -S -29 - Conduct a public hearing and consider action on a request to rezone approximately 434 acres of land, generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). First Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 14 -S -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AME NDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 434 ACRES OF LAND FROM GENERAL BUSINESS TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Planner I Bryce Cox who introduced this item stating that the applicant is proposing to rezone approximately 434 acres of land generally located on IH -35 Frontage Road approximately 350 ft. east of the intersection of IH -35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The public hearing notice was published in "The Daily Commercial Recorder" on May 23, 2014 and the "Herald" on May 28, 2014. One hundred and thirty four (134) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on May 2, 2014. 06 -10 -2014 Minutes Page - 5 - At the time of this staff report sixteen (16) total responses were received, one (1) response in favor of the request and fifteen (15) responses opposed to the request. Mr. Cox stated Nor -Tex HQ Farm, Ltd. is requesting to rezone approximately 434 acres of land to Planned Development District (PDD) to develop a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. Staff reviewed the request for conformance with the Comprehensive Land Use Plan (CLUP) and the subject property is identified as containing highway commercial, commercial campus, and single family residential uses. Highway commercial and commercial campus land uses focus on areas of large format retail, restaurants, entertainment uses, office space and multi - family apartments. The areas identified on the Master Development Plan as commercial and multifamily are consistent with the areas designated in the CLUP as highway commercial and commercial campus. The area designated as single family consists of clusters of single family lots and generous amounts of open space. The PDD identifies four (4) different minimum lot sizes for single family residential: 6,600 square feet, 7,200 square feet, 7,800 square feet and 9,000 square feet as shown in table two: dimensional requirements chart in the PDD. Additionally there are approximately 75 acres of open space and parkland proposed. The Master Development Plan identifies an overall density of 2.7 dwelling units per acre for the single family residential area. The PDD also provides for some specific development standards. The following summary highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Please review the PDD to view all modifications. 1. Table Two — Dimensional Requirements - Residential of the PDD requires a minimum rear yard setback of 15' for all single family residential lots. Townhome districts are proposed as 10' front yard setbacks, 0' side yard setback, and 10' rear yard setback. 2. An Architectural Review Committee of members appointed by the Developer, to review residential construction plans for compliance with the PDD design standards and deed restrictions, prior to submitting the plans to the City for building permits. 3. A 20' landscape buffer will be provided on each side of the internal "spine" road and will have an average of I tree per 25'. Additionally a 35' landscape buffer is required between the commercial district and single family residential district. 4. A 6' wood fence or masonry fence, with masonry columns is required along the internal collector streets. The fence will be maintained by the HOA. 5. The applicant is proposing additional subdivision entry signs known as "Pod Signs" which will be placed along the "spine" road to identify the different neighborhoods and provide a sense of community. These signs are proposed as having an area less than thirty two square feet and consisting of lettering and a logo. 06 -10 -2014 Minutes Page - 6 - 6. The applicant is proposing additional development signs known as "Internal Development Signs ". These signs will be constructed of wood or metal and advertise the community, builders, and land uses. These signs will be limited to thirty two square feet and can only be placed near the pod entrances. One sign per platted unit will be allowed, for duration of three years or 75% build -out, whichever occurs first. 7. The development of the subject property shall generally conform to the attached Master Development Plan exhibit. The Planning and Zoning Commission conducted the public hearing on May 14, 2014 and offered a recommendation of approval by a vote of 6/1 with Commissioner Evans voting nay. Mayor Carpenter recognized Mr. Dixie Watkins, Land Planner and Mr. Dan Kossel the Developer of the project who provided a PowerPoint on the project. A full copy of the power point can be obtained in the City Secretary's office. Mayor Carpenter opened the public hearing and recognized the following: o Mr. Robert Brockman, 1000 Elbel, who addressed his concern as to who will be responsible to maintain the road between Schertz and Cibolo. Mr. Brockman also asked about the changes to the UDC that Mr. Cox had addressed, and should Council be concerned. Mayor Carpenter stated that staff will try and address his questions during the discussion and answer portion. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter asked if staff or the developer had any further commentary based on Mr. Brockman's questions before he opened it up for Council discussion. Mayor Carpenter recognized Planner I Bryce Cox who addressed Mr. Brockman's questions regarding the roadway. He stated that the City will maintain any roadway that is within the city limits of Schertz. He stated that one thing that staff had talked about was working with the City of Cibolo to possibly do some boundary changes and actually make the city limit line that roadway. Mr. Cox stated that he would get with Mr. Brockman to address his questions regarding the UDC changes. Mayor Carpenter opened it up for Council questions and comments and recognized Councilmember Fowler who asked the following questions: • Is there another exit point off 11135 or will you have to come off the FM 1103 exit, stating that the traffic in the area is already heavy? Mr. Dan Kossel, Developer answered that it is 'the only exit that is afforded them unless they come through Northcliffe or Scenic Hills and come back around to IH 35. He also mentioned Greenvalley Road to the east. Councilmember Fowler again stated his concern regarding the traffic flow in the area. Addressed his concerns with keeping the construction vehicles out of the Northcliffe area. Mr. Kossel stated that he had talked about this issue with the Homeowners during their meeting and they are in favor of putting some type of obstacles of barricades up, as they 06 -10 -2014 Minutes Page -7 - have no business being in that area. Mr. Kossel stated that they are more than happy to cooperate with the request and will get with staff. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated that he agrees with Councilmember Fowler and there is a need to take care of the issues now before they become bigger issues. He would like an agreement that Black Butte will not be used as a thoroughfare through the process, and needs a guarantee that Nortex Drive will be used as the primary entrance. Regarding the agreement with Cibolo, he is unsure what Cibolo has planned for their portion of this subdivision, and doesn't get the impression that they will be working on this any time soon. Mayor Pro -Tem Scagliola stated that it looks like there is two ways into the subdivision, when actually there is only one primary entrance. He thinks it is an illusion that Schwab Road is going to hook up to this subdivision somewhere. It is an illusion and it is not going to happen from what he can see on the paperwork. There is a drainage area between. Mayor Pro -Tem Scagliola stated that Schwab Road needs to be part of this plan; otherwise you really do not have two entrances and exits. He stated that the other reason Schwab Road needs to be part of this plan is that people leaving the subdivision will be going down Schwab Road to go off to New Braunfels or San Antonio with no problem, but someone coming back from New Braunfels, what is their option? Their option is to go to exit 178/FM 1103; there is not a Texas turnaround there, you have to do two left hand turns and drive two miles into the subdivision. He does not understand the rational for not completing Schwab Road but he would mandate that as part of the Thoroughfare Plan it be incorporated into this plan. Find some way to connect Nortex Drive to Schwab Road, and it should be a requirement. Regarding density, he doesn't believe you gain anything by increasing density in a subdivision, roof tops don't pay for themselves. Sixty foot lots he thinks should be the minimum. Mayor Pro-Tom Scagliola stated that he likes the ideas of Nortex Drive, and if some day it eventually gets hooked up to Green Valley Drive, believes it will be a thing of beauty, but you can't mandate or make that happen anytime soon. Mayor Pro -Tem Scagliola stated that along Nortex Drive, there were options to have wood fences or stone. He stated that they put up wood fences in the Northcliffe area and it was up to the HOA's to keep them in repair. The wood fences looked great for about a year but after that they are in disrepair. He would like it to be just masonry. Mayor Carpenter recognized Director of Development Brian James who came forward addressing Mayor Pro-Tem. Scagliola's concerns on zoning, stating that the zoning is a discretionary event; you could certainly deny the zoning request and the applicant can go back to the drawing board and come back with something else, or again the Council could say we feel this is most appropriate with the going from GB to PDD zoning. Mayor Pro -Tem Scagliola stated that he likes the open space plan, but is concerned with the 55 foot lots. Mr. James stated that one of the things, and he offers credit to Mr. Richmond of the Planning and Zoning Commission, as he brought this up on the lot size and the minimum requirements. 06 -10 -2014 Minutes Page - 8 - Mr. James described for Mayor Pro -Tem Scagliola the requirements of straight zoning verses what is being proposed this evening, he showed lots up in the northern end that were much bigger than the minimums due the curve linear pattern. The zoning indicates a minimum but when they lock in the layout, the lot sizes get bigger as they go up based on the widths. While you have a benchmark that they are smaller, unlike other plans where they do every lot at that minimum, that is not what you get with this project, the lots are much bigger. Is it about setting a minimum or is about I don't want something that everything looks the same, no amenities. The idea is that if we flex on the lot size and provide for that variability we can get the other things in the subdivision the city is looking for. Mr. James addressed the traffic issue stating that whenever you have a lack of road infrastructure with connectivity in our community that creates challenges. Mr. James stated that they have been reviewing the RFQ for the update of the Thoroughfare Plan as well as the Roadway Impact fee ordinance that is one study together, so that they can come back with information as to how to fund some of these issues. The challenge that the Developer has is Schwab Road where it connects to 111 35 is a mess, there are floodplain issues and he does not know how much it is going to cost, and they do not own that property. We cannot require the developer to build that connection; we are going to rely on that Thoroughfare Plan to meet our requirements. We are going to allow them two points of access and we are going to have to start reaching out to the City of Cibolo and work more closely as development is here and plan our infrastructure to minimize the problems as best we can. Mayor Pro-Tern Scagliola again stated that they need another entrance and exit to this subdivision. Mayor Carpenter recognized Councilmember Edwards who stated the density of the neighborhood makes sense, when you couple it with the retail it gives us a lot more viability on 11135. He understands the issue of double entrances in an out for the neighborhood. He stated it is a great synergy when we see the types of homes going in. He has personally visited some of the neighborhoods they have developed and these are beautiful and great work. We need to step aside and let progress continue, do a little at a time to address the issue of Schwab Road. We are here to monitor but let's be thoughtful and make sure we are able to put in place the right projects. We encourage great development and that is what he believes they have this evening. This is a great project and stated he believes they need to move forward. Mayor Carpenter recognized Councilmember Duke who stated that he also has been to many of the communities the developers have built, and is quite impressed. He stated that having a good mixture of lots sizes is important as different people have different needs. Councilmember Duke agrees that we have a potential concern for having two entries out. He would be interested to hear what the possibilities might be to resolve this from the city, from the developer, and possible joint options. This would be helpful to him to understand. He is excited to see this type of development in the area. Mayor Carpenter stated that the City had purchased some land adjacent to this property that basically was undevelopable. The vision at that time when we purchased that, which a number of staff and Councihnembers have called that particular piece of land rather unceremoniously `Baldwin Point ", was the vision that, that high point which was undevelopable would cascade down into the lower elevations here within Nortex and create a 06 -10 -2014 Minutes Page - 9 - large city park. If you look at what we have before us, the school site which is adjacent to the City's park space does in fact fulfill their earlier vision. This development is the first step toward their vision. Mayor Carpenter stated that Councilmember Edwards brought up a good point about a little at a time, in French "Un peu a la fois ", a little at a time, not all at once. It is difficult to do this all this at once. Fixing the problems they have with Schwab Road that has been there for decades, is going to have to go with time, this development is the first step toward that. Mayor Carpenter does share the residents, and other Councilmembers concern about traffic on Black Butte. There have been unfortunate experiences in the past with large construction vehicles plowing through established neighborhoods. Anything that staff can do in working with the developer to limit traffic in those areas will be important to us. Mayor Carpenter stated that we have a 6 to 1 vote from our Planning and Zoning Commission, and this Council doesn't often overturn the advice of our boards, commission and committees, and in this case he would ask and advise this Council not to overturn the advice given to them by Planning and Zoning. He stated that we have on this citizen board an enormous amount of experience and particular with some of them being on there that have watched us as we have gone from the R6 and R7, cookie cutter subdivisions to what we have evolved today. Mayor Carpenter stated we have by our own actions gotten rid of the R6 and R7's by asking for and ultimately demanding a different kind of product. We are in a very different place than we were a decade 'ago. Lastly, as a PDD it does in fact give us the ability to maintain our desired frontage, which is commercial up and down 11135 on one side and residential on the other. This fulfills the vision of the City that has been there for decades. He believes that this should be aPDD and approve the zoning change. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that he does appreciate the work the Planning and Zoning Commission has done, but the Planning and Zoning Commission reviews things for compliance and conformance, making sure it follows the UDC, they do an exceptional job. Our job is to ensure the compliance with the community needs both the present and the future. He stated he likes the layout; Schwab Road to him is almost non - negotiable. It needs to be fixed and is an overriding concern of his. He has had on occasion expressed his concern and it was not addressed and then later it came back. He doesn't want one of those moments to come back as "I told you so" moments if Schwab Road isn't addressed. Mayor Pro -Tem Scagliola stated he likes Councilmember Dukes idea of exploring the options. Right now all we are looking for is a zoning change, unfortunately once we do the zoning change what you see in front of you is pretty much locked it and agrees that we do need some options. Mayor Carpenter recognized Councilmember Fowler who stated that as the area around Schwab Road continues to grow commercially, possibly at that time the road improvements could be addressed. He stated that the recommendation he will be making is that we have to look at getting another exit off 11135. We need to start working with the State to get the ball rolling. Councilmember Fowler stated that he believes that they should go with the zoning change but on top of that we need to be looking into the future about getting those roads fixed to be able to control traffic on FM 1103, not only out of the Nortex area but also from the areas being built up by Cibolo. 06 -10 -2014 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Duke who added the following from his earlier comments, clarifying what he is looking for. He would like to see if they could come back in two weeks at final reading to get general thoughts on what the options could be, not just with the developer but what the City could do for this as well as if there are any cooperative efforts out there that we could look at. He doesn't want the City or the Developer to spend a lot of time and money on this but generally wants to know what options there could be both for the traffic as well as the Schwab Road issues. Mayor Carpenter recognized Mr. George Werron, Engineer for the project, who came forward addressing the progression of the development and how it would likely occur as well as traffic concerns. He pointed out the possible connections and roads that are currently being proposed on the plan and pointed out additional information with the developments currently going on in the City of Cibolo. Mr. Wenon addressed the Schwab Road issue stating that the way the code reads whatever is on their property they build 100% and whatever is half on their property they build 50 %. He stated that within their limits they are building a long stretch of Schwab Road. Looking at the traffic impact analysis, does Nortex Drive control the traffic of the residential? Absolutely it does. There is a feed that goes to IH 35 that is contained within the collector road that meets the traffic demands of the residential. What Schwab Road does not do is that it does not change the situation that occurs at Schwab and IH 35, it still exists, they are still going to the same point. While he understands the need to do something with Schwab Road connectivity wise, what you are going to find once the commercial is developed, which really the traffic demand will come in place, the hard comer which is not on their property will be developed. They serve all of their need through Nortex Drive. He also stated there are alternate alternatives for secondary access. Mayor Carpenter stated that with Councilmember Dukes suggestion of having a final reading in two weeks makes a lot of sense and believes that some of the questions that have been brought up from Council can be addressed by staff and the developer. Mayor Carpenter recognized Councilmember Edwards who stated this is a viable product, a project that has been placed before them that fits all of their needs, and all of our requirements and criteria. He understands there are issues about the road, but the State of Texas is growing at a rate of 1000 new residents a day, he doesn't think that us building 750 homes over the next three to five years is going to add that much to that issue. If they are developing and putting $100,000,000 into this project, from a business stand point, time is money. Every day we delay it cost the developer more money, every day we delay it will cost the City more money. While he understands waiting two weeks, he stated he wants to move forward. Councilmember Edwards stated that as mentioned they have a committee, Planning and Zoning that said this is the best project and the best opportunity for us, but we are asking staff and the developer to go out and do more work and come back in two weeks. Again he stated time is money and he wants to be efficient. Mayor Carpenter stated that procedurally they can have it on the agenda next week for second reading and if we find that we have things that are unresolvable, we can simply postpone to the following week if that is amendable to the Council. Mayor Carpenter stated that they have had a good and robust discussion on this item and is desirous of an outcome. 06 -10 -2014 Minutes Page - 11 - Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -S -29 on first reading. Mayor Carpenter recognized Councilmember Duke who stated that given those circumstances he would like to see, not at the second reading, but sometime before the platting, it would be appropriate to look at the infrastructure and some of the options they could do from the City's standpoint. City Manager John Kessel stated that they will do their very best to get him some information, possibly not before second reading. As there was no more discussion or commentary, Mayor Carpenter called for the vote. The vote was 4 -1 -0 with Councilmembers Fowler, John, Edwards, and Duke voting yes, Mayor Pro -Tem Scagliola voting no. Motion Carried. 5. Ordinance No. 14 -T -27 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to establish additional expenditures in the FY 2013/14 Budget related to the upgrading of Fiber provided by Time Warner Cable. First Reading (B. James/M. Clauser) The following was read into record: ORDINANCE NO. 14 -T -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET IN THE AMOUNT OF $2,712.00 RELATED TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE FROM 2 MBPS TO 10 MBPS TO INCREASE BANDWIDTH TO COVER THE DEMAND THAT PUBLIC SAFETY DEPARTMENTS AT STATION 2 LOCATED AT 19085 IH 35 HAVE ON OUR NETWORK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized IT Director Myles Clauser who introduced this item addressing questions from Council. Mr. Clauser stated the I.T. Dept. is charged with ensuring reliable and efficient services to staff and residents of our City. Part of our mandate is to provide reliable and responsive internet connectivity to support our various departments, including our Public Safety staff. This connectivity carries all internet traffic to and from our various websites, provides remote - access to staff, and acts as a conduit for most of our other business related web communications, including email, etc. The City currently utilizes Time Warner Cable (TWC) for internet services. The service from City Hall to Station 2 ERC at 19085 IH 35 is a 2 Mbps service. It no longer meets our current needs and does not allow for growth. The City therefore needs to upgrade its internet access. Mr. Clauser addressed questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Ordinance No. 14 -T -27 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards, and Duke voting yes and no one voting no. Motion Carried 06 -10 -2014 Minutes Page -12 - 6. Ordinance No. 14 -T -30 — Consideration and/or action approving an Ordinance authorizing a budget amendment to establish additional expenditures in the FY 2013/14 budget related to the Southern Watershed Regional Water Reclamation Plant. First Reading (J. Bierschwale /S. Willoughby /C. Raleigh) The following was read into record: ORDINANCE NO. 14-T-30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO ESTABLISH ADDITIONAL EXPENDITURES IN THE FY 2013 -14 BUDGET RELATED TO THE SOUTHERN WATERSHED REGIONAL WATER RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Public Works Coordinator Cindy Raleigh who introduced this item addressing questions from Council. She stated the City entered into an Interlocal Agreement with Cibolo Creek Municipal Authority (CCMA) for the preliminary engineering and design work to construct the Southern Watershed Regional Water Reclamation Plant in August 2012 with Resolution 12 -R -72. The Agreement with CCMA is to design a Wastewater Treatment Plant (WWTP) that will service the Schertz residents south of FM 78. Currently, the project is in the engineering and design phase. CCMA sent a letter to the City requesting to increase the budget for the plant by an amount not to exceed $10,000 to hire a Landscape Architect for aesthetic and screening purposes of the plant. The original estimated budget for Engineering and Design of the project is $267,000. Fiscal hnpact is $10,000 added to the original estimated Engineering and Design Budget for an estimated total of $277,000 to be paid from the Capital Recovery Fund. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Scagliola, who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -T -30 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards, and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of items 1 through 6. Mayor Carpenter moved to the executive session portion of the agenda. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:29 p.m. 06 -10 -2014 Minutes Page -13- 10. City Council will meet in closed session under section 551.087 Texas Government Code, Deliberation regarding Economic Development Negotiations with business prospect E -003 and E -004. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:59 p.m. 10.a. Take any necessary action based on discussions held inclosed session under Agenda Item number 10. No action taken as a result of executive session. Reauests and Announcements Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated that as everyone knows he has a feral cat and has appreciated the help Animal Services has given him on that. Unfortunately, he has a neighbor that also has a feral cat who managed to get pregnant. That particular cat had kittens under his porch. He has managed to trap the kittens with the aid of Animal Services. The kittens are for rent or perhaps for purchase. Mr. Kessel stated that his point is staff does an amazing job; they even walked him through how to trap the kittens. He personally wanted to thank them. Mr. Kessel also stated that next week he will be on vacation. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated that when he was in the City of Uvalde, he noticed that they had a similar situation as we have at FM 78 and FM 1518. He stated that when the light turns red everyone has to come to a stop at that particular intersection. He stated that if the right hand lane was a flow through lane then there would not be a need to come to a stop. He requested staff get with the Transportation Safety Advisory Commission to evaluate the situation and explore the idea of flow through lanes in the areas of FM 78 and FM 1518 and the street past First Street. Councilmember Fowler concurred with Mayor Pro -Tem Scagliola and also requested that staff possibly get with the State Representatives to get help on this as well. Mayor Carpenter requested the City Secretary put back on next week's agenda the continuation of the evaluation of the City Secretary and Deputy City Secretary. Council had not concluded their business. 06 -10 -2014 Minutes Page - 14 - 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Scagliola who stated he attended the following: • Thursday, June 5, Chick -fil -A Ribbon Cutting • Friday, June 6, Cibolo Dental Ribbon Cutting Mayor Carpenter stated he also attended the Chick -fil -A ribbon cutting on Thursday. Mayor Carpenter stated that he recently attended the Northeast Partnership Mayor's Workshop meeting. Two things of interest (1) they have begun work as an organization pursuing consideration by the Alamo Area MPO for projects that will be awarded two years from now, (2) they are looking to find organizations similar to the Northeast Partnership that are in the Dallas, Houston, Austin areas that they might begin a dialog with, such that when we have things that are of interest to our type of Metrocom community, we can gather in others from around the state to increase our influence with regard as to what goes on in Austin. Adjournment -4s there was no further business, the meeting was adjourne 9:0 Michael R. Carpenter, Mayor A-ES : Brenda Dennis, City Secretary ` 06 -10 -2014 Minutes Page - 15 -