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06-17-2014 MinutesMINUTES REGULAR MEETING June 17, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 17, 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 Staff Present: Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Call to Order Mayor Pro -Tern David Scagliola Councilmember Daryl John Councilmember Matthew Duke Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Interim Pastor Don Snyder, Bracken United Methodist Church provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements and upcoming events: • Wednesday, June 18, 2014 — Schertz Chambers After Hours Mixer, Blue Bonnet Palace, 17630 Lookout Road, Selma, 5:30 — 7:00 p.m. • Saturday, June 21, 2014, Debbie Pape's Birthday Celebration, Schertz Senior Center, 7:00 — 11:00 p.m. • Saturday, Friends 4 Fisher House 5K Run/Walk, Retama Park, registration begins at 6:00 a.m., Run/Walk begins at 8:00 a.m. • Tuesday, June 24, 2014, Mayor /Council Office 365 Training, Council Chambers Conference Room 5:00 to 6:00 p.m. (Please bring your iPads) • Announcements and recognitions by Deputy City Manager (J. Bierschwale) No announcements provided. Mayor Carpenter welcomed City Councilmember Kevin Hadas, with the City of Selma who was in the audience this evening. 06 -17 -2014 Minutes Page - 1 - Hearing of Residents: Mayor Carpenter recognized the following who spoke: Ms. Lisa Connolly, Schertz Humane Society — Homes for Pets, who came forward, thanking the City for their support and participation in the recent Doggie Dash. Ms. Connolly presented the Mayor with a plaque of appreciation as well as T -shirts from the event. Mayor Carpenter read the plaque and praised the Humane Society for all their efforts especially helping the City maintain a no kill facility. Mr. Robert Brockman, 1000 Elbel, who spoke on agenda item 6, stating that at last week's meeting he had addressed concerns regarding the modifications to the UDC and he doesn't believe he received a satisfactory answer to his questions. Mayor Carpenter stated that when we get to the item, he will ask staff for the updates. Ms. Maggie Titterington, Chamber President who introduced Intern Maria Gonzalez, Senior at Clemens High School who is working with the Chamber this summer and into the upcoming school year. Ms. Titterington provided the following information on upcoming events: - Wednesday, June 18, 2014, 5:30 to 7:00 p.m. — Chamber After Hours Glow Mixer, Blue Bonnet Palace — 17630 Lookout Road — Selma. She stated that this is a teaser as they are planning a 5K/Run in the dark to raise fund for the Schertz Senior Center for their meal program. - Wednesday, June 25, 2014, Biz Ed Class, Chamber Visitors Center, 7:30 a.m, to 9:00 a.m. Kelly Smith with Leapfrog Promotions will educate you on narrowing your target market and identify the best marketing materials for your business. - Wednesday, June 25, 2014, Encanto Grand Re- Opening, 6032 FM 3009, Suite 100 — 5:00 P.M. - Thursday, June 26, 2014, 6:00 to 7:30 p.m., Dr. Follins, President Northeast Lakeview College is having a "Community Listening Session" to find out what the workforce and educational needs are going to be in the future. - Friday, August 8, 2014, - Senior Center 2nd Gala, Casino, cocktails and dancing — Roaring 20's style. $25 per ticket. This event will also help raise funds for the senior meal program. Workshop Presentation discussion and direction regarding invocations at Council meetings. (Item requested by Councilmember Fowler) (B. Dennis/D. Schmoekel) Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided a Power Point presentation with background information as to what other cities do as well as, concerns, and possible solutions regarding the current invocation process. She provided the following options for Council to consider: 06 -17 -2014 Minutes Page - 2 - • Option 1 Two days /month Councilmember or Mayor Two days /month Visiting Pastor/Minister • Option 2 Three days /month Councilmember or Mayor One day /month Visiting Pastor/Minister • Option 3 Add a "moment of silence' to any of the above options. Mayor Carpenter recognized Councilmember Fowler who stated that he had request staff take a look at what other cities are doing and come back and provide information. Mayor and Council discussed the options presented and it was in concurrence to go with Option 2. 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 10, 2014. (J. Kessel/B. Dennis) 2. 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. Final 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 3. Resolution No. 14 -R -50 — Consideration and/or action approving a Resolution authorizing an amendment to the Existing Agreement for the upgrading of Fiber provided by Time Warner Cable, and other matters in connection therewith. (B. James/M. Clauser) 06 -17 -2014 Minutes Page - 3 - The following was read into record: RESOLUTION NO. 14 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE EXISTING AGREEMENT FOR THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE TO STATION 2 ERC AT 19085 11135 FROM A 2 MBPS SERVICE TO A 10 MBPS SERVICE TO INCREASE BANDWIDTH FOR PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH 4. 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. Final Rending (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 5. Resolution No. 14 -R -51 — Consideration and/or action approving a Resolution authorizing a mowing and trimming contract services agreement with Maldonado Nursery & Landscaping, Inc., for the Parks, Recreation, and Community Services Department. (B. James /C. VanZandt) The following was read into record: RESOLUTION NO. 14 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A MOWING AND TRIMMING CONTRACT SERVICES AGREEMENT WITH MALDONADO NURSERY & LANDSCAPING, INC. FOR THE PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 through 5. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried. Discussion and Action Items 06 -17 -2014 Minutes Page - 4 - 6. Ordinance No. 14 -S -29 — Consideration and/or 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). Final Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 14 -5 -29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 434 ACRES OF LAND FROM GENERAL BUSINESS TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter stated that he thought this was a public hearing and was mistaken and requested staff get with Mr. Brockman to address his questions and concerns. Mayor Carpenter recognized Executive Director of Development Brian James who came forward addressing questions and concerns brought up last week regarding, access to the subdivision, construction traffic, construction vehicles going through established neighborhoods, construction vehicle speeding through neighborhoods, and the issue that the developer does not have the frontage at the hard corner of Schwab Road and 11135, and there is not a requirement per our UDC for them to build that access. lvh•. James stated that this area will be challenging as are other areas because of the flood plain, it will not be an inexpensive section. Mr. James also addressed and explained the phasing process of the development from building the sheets to building the first home and having the first resident move in. Mr. James also addressed and explained the requirement of a maintenance bond. Mr. James pointed out that the developer, while we focused on the Schertz portion of the zoning case, is that the NorTex Farms development also extends up into Cibolo. Their development pattern continues up into that area, and as they spoke the road will continue up and eventually collect and provide another point of access. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who stated he was hoping to see some different options to explore this evening as a result of comments he made last week. He stated he still has a list of reasons to not approve it as is. He stated in his estimation it does not meet our UDC requirements as to provide two entrances to a subdivision. He stated at the very least we need a construction road to provide those two outlets. Mayor Pro -Ter Scagliola explained the validity of having those entrances and outlets. He did not hear confirmation that they would not open up Fairway Ridge to through traffic until after the construction of the subdivision as well as in the Links of Scenic Hills. Mayor Pro -Tern Scagliola again stated his concern of construction vehicles tearing up the roads. He stated that it makes perfect sense to have Schwab Road open. Mr. James answered Mayor Pro -Tem Scagliola in stating that the developer is aware that per the requirement of the UDC they are require to improve half the width of roads of which their property is adjacent. When they come in to plat the properties that are adjacent to a future section of Schwab Road, they will improve those sections. While they will make those improvements as development occurs, and to be clear, you may recall that the one tract that is 06 -17 -2014 Minutes Page - 5 - furthest to the northwest is a commercial/multi - family piece and that is likely to come in much further down the road. At some point they will do it, but it is doubtful that will come in first that we will have the Schwab connection. Additionally there is an offsite section of Schwab that they do not own that hard comer, and the City does not have the legal ability to require them to make that improvement. Finally, Mr. James stated that what the developer has is a layout of the zoning, when each plat comes forward the City will confirm and verify that it meets the requirement of the UDC for multiple points of access. What has been discussed is constructing that main spine collector fiom the frontage road down to a point, say midway through the project, building that fast phase of unit 1, and with that unit one there will be a stub out to the existing residential street. That will provide the second point of access. This does and has been discussed comply with the UDC requirements for two points of access. Mayor Carpenter recognized Councilmember Fowler who also expressed his concern with the degradation of the roads but also expressed his concern on possible speeding of construction vehicles. He stated it needs to be a controlled speed limit. Mr. James answered Councilmember Fowlers concern that if there is speeding issues in any neighborhood our Police Department takes this very seriously and will address. He stated that if there is speeding issues the City will work with the developer and our Police Department. He also stated that they would work with the Public Works Department to provide traffic count information as well. Councilmember Fowler asked our Attorney is there anything wrong with us being able to tie the speed indicators that we put on the side of the road with a camera. Mayor Carpenter stated that before Mr. Zech answers he reminded Council that this is a zoning case we are discussing and that item is germane to another agenda item on a future agenda. He would ask the Council to limit discussion pertinent to this zoning case. Councilmember Fowler stated that it is pertinent to the construction traffic and he will request this item be placed on a future agenda. City Attorney Charles Zech stated that the Mayor is correct while all of the things that are being discussed started out very relevant then got more peripheral to the issue, but certainly speed is regulated through our traffic regulations and not through zoning regulations, to this extent it is not really relevant to this zoning case. Mayor Carpenter stated that he thinks it would be appropriate when we finish our discussion that we may have a comment back to staff that simply says that this Council would like receive periodic updates on the status of what is going on with this project after we approve the zoning. We can ask staff to follow up on the other issues and have separate discussions overtime to monitor this and work as a partnership with the developer and the city as well as with the developer's builders. Mayor Carpenter recognized Councilmember Duke who stated to validate it; this meets the UDC the plan that has been brought before them. Mr. James qualified by stating you have a zoning case, in reviewing it we looked knowing their phasing plan and what they thought we looked with an eye to the UDC and what they have shown with regard to the UDC would meet, and we will verify that on based on what they actually submit with the plat. Councilmember Duke asked that as of now the plans seem to comply with the UDC, and that is not what we have to decide tonight. Mr. James concurred. 06 -17 -2014 Minutes Page - 6 - Councilmember Duke stated that the second part was a question regarding traffic. He thinks the recommendation to work with the developer as an agreement verbally, that they will reduce and minimize construction traffic the streets is fair, making sure that we are working as a partner and also understanding if this do not come to fruition that we have means to take action. His third comment is that he has looked at Schwab Road, this is really a microcosm for an overall infrastructure issue that we have whether it be in this area or South Schertz, and everywhere that is booming. This needs to be germane in an overall look at the entire city and its infrastructure needs and traffic flow as opposed to just this microcosm. Councilmember Duke stated he appreciates staff following up on his questions and is satisfied. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Fowler, to approve Ordinance No. 14 -5 -49 on final reading. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated that he is going to put is confidence in staff that they will manage to work out any wrinkles. Mayor Carpenter called for the vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, and Duke voting yes and no one voting no. Councilmember Edwards was absent. Motion Carried Hearing of Residents: Mayor Carpenter moved back to the Hearing of Residents section to recognize Chair of the Veterans Memorial Plaza Committee, Mrs. Ruth Tienor. Mrs. Tienor came forward thanking members of the Public Works Department for installing the steel cage for the placement of wind chimes. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 6. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:05 p.m. 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 Mayor Carpenter reconvened into regular session at 7:28 p.m. 10.a. Take any necessary action based on discussions held in closed session under Agenda Item number 10. No action taken. Requests and Announcements 06 -17 -2014 Minutes Page - 7 - 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Edwards who requested at the staff's convenience, having staff provide information on the man -hours spent having staff attend four Council meetings and look at options of going to two meetings per month. Mayor Carpenter recognized Councilmember Fowler who requested staff look at traffic devices that would trigger speed control and bring the information back at a later time. 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 Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following: • Monday, June 16, 2014, Ribbon Cutting Dental & Orthodontics, Cibolo • Tuesday, June 17, 2014, Schertz Chamber of Commerce Luncheon Mayor Carpenter recognized Councilmember Fowler who stated he attended the following: • Monday, June 16, 2014, Ribbon Cutting Dental & Orthodontics, Cibolo • Tuesday, June 17, 2014, Schertz Chamber of Commerce Luncheon Councilmember Fowler also stated that he has volunteered to be on the Parks, Recreation Sub- committee regarding looking at lighting in the various City parks and other areas. Adiournment -4s there was no further business, the meeting was adjourn4ichael R. Carpente r, Mayor 06 -17 -2014 Minutes page _ g (TT'ES Bre a Secretary 06 -17 -2014 Minutes Page -9-