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09-15-2015 Joint MinutesMINUTES SPECIAL JOINT AND REGULAR MEETING September 15, 2015 A Special Joint Meeting with City Council and the Planning and Zoning Commission and Regular Meeting of Council was held by the Schertz City Council of the City of Schertz, Texas, on September 15, 2015, 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 Grumpy Azzoz Councilmember Cedric Edwards Chairman David Richmond Commissioner Richard Braud Commissioner Bert Crawford Staff Present: Executive Director Brian James City Attorney Charles Zech Deputy City Secretary Donna Schmoekel 1. Call Joint Workshop meeting to order a. City Council — Mayor Carpenter Mayor Pro -Tern Jim Fowler Councilmember Daryl John Councilmember Robin Thompson Commissioner Ken Greenwald Commissioner Michael Dahle City Manager John Kessel Executive Director Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the City Council Joint Workshop meeting to order at 5:03 p.m. b. Planning & Zoning Commission— Chairman, David Richmond Chairman, David Richmond called the Planning and Zoning Joint Workshop meeting to order at 5:04 p.m. Mayor Carpenter asked that we move to the Opening Prayer and Pledges of Allegiance to the Flags of the United States and the State of Texas. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro -Tem Fowler) Mayor Carpenter recognized Mayor Pro -Tem Fowler who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the Unites States and the State of Texas. Workshop • Workshop discussion regarding proposed 2012 ICC Building Codes. (B. James/M. Sanchez/G. Durant) Mayor Carpenter stated that even though the workshops are not posted as a public hearing he would like to treat the workshop items as such allowing individuals to speak. Mayor Carpenter recognized Executive Director Brian James who stated that the idea as Council had directed is to have Council and Planning and Zoning members here who have 9 -15 -2015 Minutes Page - 1 - been crafting these Ordinances as well as the builders to do a much less formal discussion and still have a formal dialogue. Mr. James stated that before we get started, he wanted to bring up Senior Planner Lesa Wood. Mr. James stated that at the last meeting it was announced that the City's Planning Department applied for the Texas American Planning Association Planning Excellence Award and we were notified that they had received that; Lesa Wood and Bryce Cox for the second year in a row. One of the things they said was that we did not achieve this by ourselves. It took a lot of individuals helping them in terms of being supportive - Council, the Planning and Zoning Commission and other departments. One of the awards they said we should really throw ourselves into was to recognize one of those individuals that helps them. The Texas American Planning Association has a Planning Commissioner of the Year Award that they give out to one Planning Commissioner in the state to recognize their service. You can imagine how many Planning Commissioners there are across the state of Texas. Unbeknownst to this person, but known to many of you who signed letters and sent them in, Planning and Zoning Chairperson David Richmond is now being recognized this year with the Texas Chapter of the American Planning Association as Planning Commissioner of the year. Mayor, Council and the audience gave Mr. Richmond a standing ovation for this award and congratulated him. Mr. Richmond stated that he wanted to say thank you and it was totally unbeknown to him and he certainly appreciates it. Mr. Richmond stated that he has enjoyed his many years working with the Planning Staff and the numerous Councils that have been seated and he looks forward to more years ahead. Mr. James stated that one of the things they did was to come forward to City Council with the update on the City's Building Code, trying to go from the 2006 to the 2012 International Building Code, and the builders had a number of concerns and issues associated with that. Some of those had to do with the local amendments that we have with the present code and others centered on the process in terms of the length of time it took to get through the permitting process for single family plans. To the credit of Gil Durant and his folks, Carl, Lonny, Jim, Bernice, Debbie, Patti and Michelle, they have actually got caught up. He stated there was one or two days two weeks ago where there wasn't any single family plans waiting for staff review. He stated that we had over 55 and were able to process all but 15 which were sent back with comments. He stated the builders have been kind enough to resubmit quite a few more permits. In fact, in the month of September, we are only half way through and they have turned in about 29 new single family plans. Our goal was to get caught up and it felt like if we could, we can stay on top of them and have a reasonable turnaround which will then allow us to focus on consistency, which has been an issue with the builders. Mr. James stated that the proposed Ordinance with amendments were presented to the Planning and Zoning Commission on July 22, 2015 where they issued a favorable recommendation to City Council for approval. A public hearing and presentation to Council was provided on July 28, 2015 where they tabled the item to allow staff to work with builders and the Greater San Antonio Builders Association (GSBA) on concerns they had voiced. GSABA met with builders to review the ordinance and amendments and to offer additional information. Mr. James provided the following list of items that seemed to be the biggest issues: 9 -15 -2015 Minutes Page - 2 - Amended Discussion Items: • Omitted the requirement for a design professional to seal the mechanical, plumbing and electrical plans for residential and commercial construction. • Maintained the standard design professional and submittal documents requirement provided for in the IBC and IRC, respectively. • Maintained that a design professional is required for all Assembly, Educational and Institutional construction projects. • Added that a representative of the design engineer may perform the pre -pour inspection and be present during placement of the concrete for both residential and commercial construction. Codes Proposed for Adoption: • Added that a surveyor or engineer may provide the confirmation letter on rough grading of the lot after form removal or after final tendon stressing if the slab is a post- tension slab. • Clarified that a sealed certification letter from an engineer shall be provided which states that the concrete has adequately cured in order to begin framing of the structure, but in no case shall framing commence less than 3 days after completion of concrete placement. • Added that post- tensioned foundations must be inspected by a PTI Slab -on- Ground Installer- Stressor or Level 1 or 2 Unbonded PT Inspector to place a load on the slab or commence framing. Members of Council and Planning & Zoning Commissioners provided their comments and opinions regarding the above information. Mayor Carpenter stated that there is enough of public interest and mentioned he would like to treat this like a public hearing and opened it up to those that wished to speak. Mayor Carpenter recognized the following that provided their comments: • Clayton Morris, DPIS Engineer • Jim Leonard, GSABA • Greg Asvestas, MLAW Engineers • Joe Leos, DR Horton • Tim Pruski, Bella Vista Homes • Col. Isler, Joint Base Randolph • Lt. Col. Robin Baldwin, Joint Base Randolph • Richard Bowman, MLAW Engineers Council and Members of the Planning & Zoning Commissioners continued their discussions and provided further comments. After exchanged dialogue regarding the above topics, Mayor Carpenter concluded by stating the reason he asked Council for the latitude from the Council and the Commission to allow folks to speak is there is not a simple answer; there is not a silver bullet answer that says if we do this then we have solved the problems. We are trying very carefully on the Planning 9 -15 -2015 Minutes Page - 3 - and Zoning Commission and on this Council to balance the rights of builders, engineers, developers, residents, potential residents and the positon of government amongst all those things. It is a delicate balance. A person that owns a piece of land in the State of Texas and in the United States has a great deal of rights, things they can do and things they can choose to do. There is also the, interest of the community in the aggregate and in being business friendly. All these things have to be carefully balanced. He would say that there is never an untimely discussion that's had by Planning and Zoning or by the elected members of this Council about any of that. If we take six months to get this squared away, or six days, or two years, as long as we get it right then we have done our job. Right is difficult to define and can change over time. There is nothing we can do in any of our ordinances that will absolutely anticipate all potential outcomes, problems, or issues. However, we do the best we can. The point of his commentary is we may get to a place here shortly where we amend our building codes, where we amend our ordinances and it won't be the last time and it is an iterative process that will go on far after most of us are dust in boxes. The Mayor's last comment was that in the end we as a community have chosen to be what is called a Texas Home Rule City. You will hear him say this again and again, sometimes to people's pleasure and sometimes to their displeasure. It means it is our home and we will make the rules as we see fit, and that is how that will be, and that will be based on input from the Planning and Zoning Commission, from this Council, from our Business Community and from our Residents. ® Workshop discussion on deferral of all public improvements. (B. James/L. Wood/K. Woodlee) Mayor Carpenter recognized Senior Planner Lesa Wood who stated the workshop purpose is that staff is seeking direction from Council and Planning and Zoning on allowing Community Facility agreements for deferral of public improvement that are not in conjunction with a development or sale of property. Ms. Wood provided the following information for discussion: UDC Requires: ® Approved construction plans prior to approval of the final plat; and ® The construction and acceptance of public improvements (streets, water, sewer, some drainage) that occur prior to filing the plat. UDC, SECTION 21.4.15 E 2 provides for: o The property owner or applicant may request to defer the obligation to construct and install one (1) or more public improvements to serve the subdivision until after the final plat recordation. The request shall be submitted with an application for preliminary plat approval to provide fair notice of the intent of the developer. o Deferral of the obligation to install public improvements shall be conditioned on the execution of an agreement and sufficient surety to secure the obligation defined in the agreement. o While this provision exists in the UDC, the City has only generally entered into these agreements to allow the developer to construct the public improvements in conjunction with site development (CST) or to allow the plat to be filed when only a few minor items still need to be completed (fmishing constructing sidewalks or screening walls). 9 -15 -2015 Minutes Page - 4 - • Community Facility agreements have not typically been done to simply allow deferral of the improvements in order to file then plat. • Filing of the plat is needed to sell a portion of a property (when platting is required). This requires the buyer or seller to install the improvements before the sale may occur. Developers have approached the City to allow the public improvements to be deferred to allow a sale to occur. Ms. Wood stated a few things to keep in mind with deferral of improvement for speculative development: • Potential financial risk (i.e. shortfall on material costs, unexpected conditions, etc.) • Staff time and cost to draft and manage the agreements • Staff time and cost to obtain surety and construct the improvement in the event of a default • Will assist in sale of property, time and money (up -front investment) for the property owner /developer • Orderly development Mayor Carpenter opened this item up for discussion by the Planning and Zoning Commission and Council who expressed their opinions regarding staff's interpretation of language to continue doing what they have been doing. They agreed with staff to hold the line on residential and place trust in them to have ownership and move forward. • Workshop discussion and update regarding the Joint Land Use Study (JLUS). (B. James /L. Wood) Mayor Carpenter recognized Executive Director Brian James who stated they want to get some direction from Council as they go forward in the implementation of this study document. The purpose of the JLUS is to guide planning and development in local jurisdictions around JBSA Randolph. It is critical to ensuring compatibility between future land uses and the base. This is so we don't do things that negatively impact the operation. Because of inherent risks involved in their training operations it is important for us as a city to make appropriate decisions on anything around the base. The JLUS effort was headed up by Bexar County and stakeholders included JBSA Randolph, the local jurisdictions, the cities, the counties, the MPO's, and some other partner agencies as well as the general public, including some residents and landowners. What comes out of this effort is a document that Randolph can't necessarily make happen; it is up to those cities and other agencies to bring about. Councilmembers, Planning and Zoning Commissioners, Colonel Isler, and Lt. Colonel Baldwin discussed the items listed below. Previous JLUS Documents • 2000 Randolph AICUZ Study -APZ II limited to 2 units per acre and included land use guidelines in other areas -Sound attenuation in high noise areas - Implement height and obstruction controls 9 -15 -2015 Minutes Page - 5 - UDC amended to create AICUZ Overlay District and noise restrictions Most recent update was in 2008 Regulations similar to 2000 document UDC amended to make AICUZ a Special District that referenced the AICUZ study Current Update • The first public workshop for this JLUS update was held in October 2013 and the last in July 2015. • Development of the JLUS was guided by the Executive Committee and the Advisory Committee. • The City of Schertz had representatives on these committees and provided comments to the draft documents. • Discussions between City Staff and the JLUS consultant as well as JB SA personnel were held on multiple occasions to understand and discuss the basis of the JLUS recommendations. Strategies for Implementation • Strategies have timeframes of 1 to 2 years, 3 to 5 years or on- going. • Strategies are also defined by type: Acquisition, CIP, Communication and Coordination, Real Estate Disclosure, Plans, Zoning Ordinance /Subdivision Regulations, etc. • Each strategy is assigned an entity as a responsible party and supporting parties responsible for implementing the strategy. • Not all strategies involve Schertz • Bexar County to head an implementation task force • JBSA- Randolph Operational Footprints AICUZ — Air Installation Compatible Use Zone Accident Potential Zones (APZs) -Clear Zones (CZ) — expanded to 3,000' x 3,000' virtually no uses allowed - Accident Potential Zone 1 (APZ 1) - Accident Potential Zone 2 (APZ 2) Other Components - Aircraft Noise Contours - Imaginary Surfaces - Vertical Obstructions -Bird Strike Hazard Relevancy Area Summary of Key Strategies Alternative Energy Development -Amend UDC to restrict height and placement of wind turbines Legislative 9 -15 -2015 Minutes Page - 6 - -While not a Schertz strategy, one strategy is to amend real estate forms to notify buyers they are in a high noise area and military impact area • Light and Glare -Amend UDC to restrict light pollution • Communication/Coordination -Allow JBSA to review certain development applications within the MIAOD (Military Influence Area Overlay District) - Develop regulations regarding temporary cranes in certain areas Strategy Areas Land Use • Amend UDC and Comp to include Military Influence Area Overlay District -APZs and CZs Noise - Vertical Obstruction -BASH (Bird Aircraft Strike Hazard) • Accident Potential Zone 1 (APZ 1) • Accident Potential Zone 2 (APZ 2) • Most Significant Change — Limit southern APZ II to unit per 20 acres for the east runway and southern APZ H to 1 unit per 10 acres for the west runway • Currently APZ H allows 2 units per acre (1/2 acre minimum) • Continue to not allow residential within APZ 1 • Limit the areas between the southern APZs to 1 unit per 10 acres. • Recommends amending Comprehensive Plan, UDC and modifying zoning accordingly • Consider a Joint Airport Zoning Board (JAZB) to regulate properties in the • Support JBSA to acquire land in the Clear Zones (CZs) • Restrict use of Planned Developments and Clustering where they would conflict with the JLUS Staff is recommending we consider: • Consider increasing density east of FM 1518 (10,000 square foot lot minimum) to offset the reduction in density west of FM 1518. Change in land uses proposed impacts Thoroughfare Plan project timeline. Noise and Vibration Amend Codes to require sound attenuation (part of building code update). Signs in the ROW of high noise areas. Safety Identify and adopt reductions in FAR (floor area ratios) in APZs. Direction to Staff Staff is seeking feedback and direction on beginning implementation of the JBSA JLUS strategies. 9 -15 -2015 Minutes Page - 7 - Mayor Carpenter recognized Lt. Col. Baldwin from Randolph Air Force Base who stated they are appreciative of Schertz staff and leadership and listening to their concerns and issues regarding public safety. He said they fly high volume trainer fighter aircraft - -about 200,000 operations a year. San Antonio International Airport flies about 14,000 operations per year; so Randolph is extremely high density compared to the typical airport. He explained their planes (being slightly underpowered) must fly lower until they gain that energy to climb safely from the ground. Eighty percent of their flights go southward and as Schertz develops in that direction they have to calculate what an acceptable about of risk would be. Lt. Col. Baldwin also spoke next about the bird aircraft strike hazard. There are between 8,000 and 10,000 white wing doves that frequent the area. They have been cutting back trees to help modify that habitat, hoping to see a reduction. Last year they had 15 documented damaging air strikes plus countless others. Due to the construction of the T -38 aircraft, the ingestion of birds during takeoff can cause it to lose its thrust; if you lose those engines, the pilot can no longer control the plane and it will fly in a straight line rather than gain altitude. According to past studies, most mishaps (60 %) occur in the landing phase of flights. Because of our bird situation and our heavy operations to the south, for us, that statistic is flipped where we have the potential to create a great hazard to the community if we lose one of our aircraft. This is the main safety issue. The other issue has to do with the noise which is much heavier toward the south. You have anywhere between 65 up to 79 decibels all the way through both accident potential zones which is generally not recommended for residential development. Mayor Carpenter recognized P & Z Commissioner Michael Dahle who stated he likes what the Air Force does. He hopes as a community we will support on a legislative level the real estate form notification. He thinks this is an important component to make sure when people purchase homes they are aware they are in a high noise area. He also thinks dark sky compliant lighting should be implemented community wide not just in the JLUS impact areas. As we look at changing our comprehensive land plan (density); this is something we should have done years ago. We started that when we went through the Gateway Study and put significant areas in southern Schertz into the newly designated Ag conservation district area, which are 5 acre minimum lots. As we move closer to the creek it is probably important to maintain the Ag conservation districts in that area, which will probably always be prone to flooding. We can't allow zoning changes to occur that would put houses in those areas. Mayor Carpenter recognized P & Z Conunisioner Richard Braud who asked where the one dwelling per acre and one per twenty- acres carne from. Executive Director Brian James said he believed it originated as they began talking with Randolph Air Force Base as part of the JLUS process. Comments arose that a 1/2 acre lot would be a problem; after more dialogue occurred between the various parties, the recommendation was that you don't have houses within that higher noise contour. The other tiring is understanding how a crash might occur; the final recommendation coming from Randolph was one unit per ten or one per twenty. Ultllnately, this is what the JLUS cominittee adopted. It was probably a city issue to say if this is the recommendation corning out of the APZ's, that area in between can't be left to develop at a denser level. Mr. Braud asked if there was a study that had been done or a DOD instnaction or DOD manual that said for this particular area we need one per ten or one per twenty or is it just an opinion from Randolph? Mr. James responded it was the position of 9 -15 -2015 Minutes Page - 8 - Randolph. Mr. Bra:ud said so everything in here is backed up by some kind of report, study, or math, decibels or some kind of stuff; but the one per ten or one per twenty is just an opinion on somebody that says this is what we think «-e want. There is no study behind the one ten, one twenty? Mr. James confirmed that was correct. He feels it would be nice to have something that is going to affect our city so severely (at least to some degree); it would be nice to have something backed rip by a regulation, a document, a directive or some sort of study like what we have on all the sound and bird strikes; here we can relate to a study. This is related to nothing but an opinion. Another thing is, when you drive in the main gate at Randolph, there is a sign that says `Randolph is a Tree Sanctuary'. If we are so concerned about reducing bird hazards, we need to do something about the tree sanctuary bit and get rid of that. It was said they were cutting down trees; he doesn't know where they are, he has not seen any. He said he could assist and come up with about 400 trees that don't serve anybody any purpose whatsoever. When he lived on base, he wanted to get a nuisance tree cut down; it took five years to get permission to get the tree cut down. So if Randolph is really serious about this, do your part and let's start lopping some trees. Mayor Carpenter recognized Lt. Col. Baldwin who stated in regard to the first question regarding the density of the trees, this is a unique situation. The Air Force and DOD guidelines currently call for two houses per acre in accident potential zone 2. What they don't account for is a Bird Aircraft Strike Hazard (BASH) problem like we have here. The criteria that they used to come up with those land -use guidelines is defined. here. Sixty -one percent are related to landing operations, eighty percent are by fighter training type aircraft, thirty -nine percent are related to take -off operations. With our documented strikes on take -off, they are hitting those birds constantly. This study that came up with the t« o houses per acre is actually invalid in our case. It is one thing they have been trying to convince air force leadership about because it is a unique situation; it doesn't exist, right now, with this type of operation, with this type of grove -th. They initially asked Schertz to not put anything there. Their interest is to just keep the density as low as possible because of our known risk factors that exist here. As far as the tree question; the air force spent about a million dollars last year cutting back trees. They have cut out a good portion of there and have been taking out most of the canopy on the inside to take away that habitat for the birds. The trees actually serve an important purpose on the base. The 1930's era buildings on the base require that tree cover there to help keep energy consumption down. In regard to the sign that was referenced it says something like 'Tree City USA' or something of that nature. The trees do serve a practical purpose on the base and a complete removal is not a feasible option. Mr. Brand responded that he was not suggesting complete removal but those trees on the east gate serve no purpose; there is no housing there. Trees are nice, but if they are causing a problem then serious thought needs to be given to take them out. Lt. Co. Baldwin stated the habitat is being reduced. Also, they have started to take T -38's off on the other runway in the mornings, and delay the take -offs between 7 -9 a.m. In the next few months they will be getting a bird radar which will let them know exactly how bad the bird problem is. There are active efforts going on to protect our residents, pilots, and equipment. The principle reason is the safety of the community. After more dialogue from council regarding the above topics, Mayor Carpenter concluded with an explanation of why the APZ is so important to the City of Schertz. Part of our problem is that they cannot fly north anymore due to the buildout of Universal City. If the air 9 -15 -2015 Minutes Page - 9 - force had unlimited money a lot of this could be alleviated; however, that money is not available. Another challenge is all the land that is owned by families in the south part of the city that has been there before the air force base was around. When it is time for their descendants to sell that property, we will severely limit their use. We need to think very carefully about to what degree we limit development and with the same fervor and consideration that we consider doing everything we can to preserve the mission and additional missions brought to Randolph for the future. This is a complicated issue and decision we are making. This is someone's opinion and it is today's opinion. There is no simple answer. P & Z Commission Chair David Richmond stated until fairly recently our concentration was basically to the north. The residents to the south were not affected, but since the north is built out developers have begun construction in the south end. The timing on this is extraordinary because we have not gotten too far afield south although many developers recognize that is where Schertz's future can be and they want a piece of it. Hopefully working with the Randolph folks, there is a win -win in this that both can benefit from. Mayor Carpenter recognized Councilmember Fowler who commented that some of the families that said they wanted to hold on to their land forever have since sold out, realizing that their property was a highly profitable commodity. Mayor Carpenter recognized Councilmember Edwards who suggested the Corps of Engineers come out and take a look at the Cibolo Creek portion of the area to consider the possibility of deferring some growth over to that side, recognizing that it would be a costly endeavor. Lt. Colonel Baldwin stated they are depending on Schertz to help them come up with solutions and he is certainly willing to bring up the suggestion in the future. Mayor Carpenter recognized P & Z Commissioner Michael Dahle who stated as they continue to work through this they know they are going to make some changes in their land use plans to try to accommodate and help Randolph and one of the things they have done over the years is to include the public. A recent example was with the building code changes. He hopes they will continue with that and engage feedback from the people in south Schertz. It may make the process a little harder, but in the end it will be a better decision. Mayor Carpenter said it sounds like that would be a good opportunity for the type of workshop discussion we would like to have with a meeting that we set up in the southern part of the city at Corbett or elsewhere. 2. Adjournment Special Joint Workshop. a. City Council — Mayor Carpenter b. Planning & Zoning Commission — Chairman, David Richmond Mayor Carpenter and Chair Richmond adjourned the joint meeting at 7:49 p.m. Call to Order 9 -15 -2015 Minutes Page - 10 - Mayor Carpenter called the Regular Council meeting to order at 7:49 p.m., and requested that they move to the Hearing of Residents section of the agenda. Hearing of Residents No one spoke. Mayor Carpenter moved to the Presentation section of the agenda. Presentation • Guadalupe Regional Medical Center — Prescription Assistance Program report. (D. Wait /Jerry Riggs) Mayor Carpenter recognized Prescription Assistance Program Director Dr. Jerry Riggs who stated they have seen an 18% increase in participation of Schertz residents in the past six months. The total increase in participation has been 21 %. The total amount of benefits to Schertz residents has been about $7,230.00 per year. He thanked the City of Schertz for their annual contribution of $5,000. Mayor Carpenter stated that the folks that take advantage of the program benefit a great deal. We get a lot back in return for our $5,000 annual contribution. Council may need to think about increasing this contribution amount by about $2,500 but that is a discussion for a future time. Dr. Riggs stated that anytime anyone wanted to stop by the hospital in Seguin he would be glad to take them on a tour. Mayor Carpenter recessed the regular meeting at 7:52 p.m. for a ten minute break. Mayor Carpenter reconvened the regular meeting at 8:05 p.m. and moved to the Consent Agenda section of the agenda. 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. Mayor Pro -Tem Fowler requested that Consent Item No. 3 be removed for separate clarification and consideration. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 8, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -T -33 — Consideration and/or action approving an Ordinance authorizing a Budget Adjustment to the General Fund to fund the Pickrell Pool Liner Replacement. Final Reading (J. Kessel/J. Walters) The following was read into record: 9 -15 -2015 Minutes Page - 11 - ORDINANCE NO. 15 -T -33 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND TO FUND THE PICKRELL POOL LINER REPLACEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro - Tem Fowler to approve consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Discussion and Action items 3. Resolution No. 15 -R -78- Consideration and/or action approving a Resolution authorizing one Sewer Outfall Easement Agreement with 3GG Properties for the use, benefit, and control of the City of Schertz for the Woman Hollering Creek Wastewater Treatment Plant.(D. Wait /S. Willoughby /J. Hooks) The following was read into record: RESOLUTION NO. 15 -R -78 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SEWER OUTFALL EASEMENT AGREEMENT WITH 3GG PROPERTIES FOR THE USE, BENEFIT, AND CONTROL OF THE CITY OF SCHERTZ FOR THE WOMAN HOLLERING CREEK WASTEWATER TEATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he wanted clarification of what a sewer outfall was. Executive Director Brian James stated it is an F1 outfall which essentially is a treated effluent that is put back in and stated we need an easement from the property owner to put it back in the creek on their property. This is a temporary batch plant that serves the Crosssvine Development and when the south Schertz plant comes online and the trunk line gets up there, this easement will go away. Mayor Carpenter recognized Mayor Pro-Tern Fowler who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -78. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 4. Resolution No. 15 -R -79 — Consideration and/or action approving a Resolution authorizing an amendment to the Operating Agreement with WellMed Medical Management, Inc., to allow for a one year extension. (B. James) The following was read into record: 9 -15 -2015 Minutes Page -12 - RESOLUTION NO. 15 -R -79 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE WELLMED OPERATING AGREEMENT. Mayor Carpenter recognized Executive Director Brian James who stated in October 2010 the City entered into an agreement with the Comal County Senior Citizens Foundation and WellMed Medical Management, Inc. (WellMed) that allowed WellMed to utilize approximately 2,500 square feet in the senior center building for a medical practice. That agreement was amended in 2014 with the termination of the agreement with the Comal County Senior Citizens Foundation. The agreement with WellMed runs through September 2015 and provides for two successive three year terms. WellMed has indicated that due to the need for additional space they need to move to a larger facility. As such, they are requesting a one year extension. Given space constraints at the Senior Center, this will work well for the City as it allows the Senior Center to expand into that space to provide additional meeting and function room space. WellMed will pay $1,375 per month for utilization of the space. The City will be responsible for bearing any costs for improvements to the space to utilize it as part of the senior center. WellMed has requested that a provision be included in the amendment that would not allow the space to be used to perform services substantially similar to those WellMed is providing until October 1, 2020. Staff is comfortable with this provision in light of the fact that we are planning to expand the Senior Center into this space and given the support WellMed has provided to the Senior Center over the last 5 years and that we anticipate their involvement to continue going forward. The agreement stipulates that WellMed will pay the City $1,375 per month for the next year, a total of $16,500. Staff recommends Council approve the resolution authorizing the amendment to the agreement between the City and WellMed. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember Edwards to approve Resolution No. 15 -R -79. The vote was unanimous with Mayor Pro -Tern Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 5. Resolution No. 15 -R -80 — Consideration and/or action approving a Resolution authorizing an Amended Development Agreement for the Reinvestment Zone Number Two associated with the Sedona & Crossvine project. (B. James) The following was read into record: RESOLUTION NO. 15 -R -80 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR THE REINVESTMENT ZONE NUMBER TWO, SEDONA & CROSSVINE DEVELOPMENT PROJECT. 9 -15 -2015 Minutes Page - 13 - Mayor Carpenter recognized Executive Director Brian James who stated in December 2006, the City created the Tax Increment Reinvestment Zone Number Two, generally referred to as the Sedona or Crossvine TIRZ. The TIRZ allows for the reimbursement of costs associated with the development of the project from property tax revenue generated by the increase in value of properties within the TIRZ. In 2008 the City Council authorized the original Development Agreement. The project, originally named Sedona was constructed, but with the downturn in the economy, development did not continue. The project was revived by the new developer, Chris Price, as The Crossvine and construction resumed. Staff has been in discussions with the developer about the need to update documents associated with the project as a result of the changes being proposed to the project. Initially the project, as evidenced by the first phase of Sedona, was envisioned as more standard suburban subdivision with a grid pattern of lots. As is proposed now, the development includes a mix of lot and product types, curvilinear streets, drainage areas integrated as open space into the development, and unifying design elements such as fencing, open space, signage, and landscaping. The revised Development Agreement was recommended for approval by the TIRZ Board. There are a number of major changes proposed as part of the Development Agreement. Under the 2008 agreement the Developer is required to construct a 10,000 square foot fire station for a cost not anticipated to exceed $1.2 million with the City bearing any cost overruns. The Amended Development Agreement requires the Developer to pay the City $1,185,151 to be used by the City in building the fire station. The reduction of $14,849 is for the value of the 3.1 acre tract previously conveyed by the developer that was anticipated to be the location of the fire station. As a note, the location of the proposed station is being studied as part of the City's facilities master plan effort. Mayor Carpenter recognized Councilmember Azzoz who asked if this fire station would be the one proposed for FM 1518. Mr. James confirmed this as the one. They have since decided that having it front to FM 1518 is probably not ideal, but rather have it on a side street for easy entry and exit. While we have the three acre property we probably will not use that, but look for the best site and go with that and later figure out how to dispose of that 3 acre property. Councilmember Azzoz asked if the money we receive from the Developer is in addition to the bond issue we currently have proposed. Mr. James said yes. Mr. Azzoz said with that extra money we could put a one -unit EMS vehicle out there as well. Mr. James replied that when we originally suggested this, we didn't just say a fire station, but rather a `public safety facility'. For example, if a police officer needed to go out to that area, a room would be available for him to do paperwork or interview a resident, etc. EMS would also have the opportunity to work out of the facility as needed. Mayor Carpenter recognized Councilmember Edwards who asked are we to appoint at this time or take a look at in the near future some aviation -type equipment in case there is an incident in that area. Mayor Carpenter stated this probably would have to be a separate agenda item for later because this item is only for this resolution. City Attorney Charles Zech affirmed that this discussion is just for this amendment. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro - Tem Fowler to approve Resolution No. 15 -R -80. The vote was unanimous with Mayor Pro- 9 -15 -2015 Minutes Page - 14- Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. City-Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/B. Cantu) No announcements were provided at this time. • Announcements and recognitions by City Manager (J. Kessel) No announcements were provided at this time. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call vote confirmation for agenda items 1 through 5. Requests and Announcements 6. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated he wanted to thank Sandy Bryant for going the extra mile by calling and updating local resident Mr. Robert Brockman on his original report of a water fountain being out of order at the Playscape last week. Mr. Kessel also reminded everyone that the September 22, 2015 City Council meeting is cancelled due to staff and councihnembers who will be away attending the annual Texas Municipal League Conference. He stated we will also be cancelling October 6, 2015, so Council and Staff can participate in the National Night Out Campaign in the community. Therefore, staff will have need of a Council meeting on October 20, 2015 (third Tuesday of the month). 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Thompson who stated that a couple of weeks ago at the Schertz Chamber of Commerce, members of ACCOG requested to be allowed to make a presentation at City Council as some elements of it involve some food for our senior center. It will take about 5 -7 minutes and could be very informative for us. Mayor Carpenter recognized Councilmember Azzoz who requested an update on the pool and related bond issue. He has been getting calls from residents lately wanting to know why the 9 -15 -2015 Minutes Page - 15 - city is building two pools instead of just one. He wants the City Attorney to give us an answer on the record — to define the bond issue from one pool to two pools. He requested this be on the next meeting's agenda. Councilmember Azzoz also requested a briefing on the Evergreen Solutions recently completed Classification and Compensation Study regarding the positions of Police, Fire, and EMS; when will it take effect, when will they get their retroactive pay, etc. He also had some questions regarding the compensation to the street department staff members. City Manager John Kessel responded that he will be glad to get that information for him. Mayor Carpenter recognized Councilmember Edwards who stated he would like to have a brief discussion/workshop regarding rules and policy regarding political signs placed on public and /or private property. 8. Announcements by Mayor and Councilmembers. Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following event: • Tuesday, September 15, Monthly Chamber Luncheon, Schertz Civic Center. Mayor Carpenter recognized Councilmember Azzoz who stated he attended the following event: • Saturday, September 12, VFW #8315 POW/1\41A Ceremony, 1000 Hwy 78. Councilmember Azzoz also stated he would be hosting a POW breakfast or luncheon in the near future and will get back with us regarding the date and time. Mayor Carpenter recognized Councilmember Edwards who stated he attended the following events: • Saturday, September 12, VFW #8315 POW /MIA Ceremony, 1000 Hwy 78. • Tuesday, September 15, Monthly Chamber Luncheon, Schertz Civic Center. Mayor Carpenter recognized Councilmember Thompson who stated he attended the following event: • Saturday, September 12, VFW #8315 POW /MIA Ceremony, 1000 Hwy 78. 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR • FM 3009 Sidewalk Width Update. Executive Session Mayor Carpenter recessed the regular meeting at 8:30 p.m. into Executive Session. 10. City Council will meet in closed session under section 551.074 Evaluations of the City Manager. 9 -15 -2015 Minutes Page - 16 - 11. City Council will meet in closed session under section 551.074 Evaluations of the City Secretary and Deputy City Secretary. Reconvene into Regular Session Mayor Carpenter reconvened into Regular session at 9:09 p.m. 10a. Take any necessary action based on discussions held in closed session under Agenda Item number 10 including possible increase in salary. No action taken. Mayor Carpenter stated that in summary Mr. Kessel we appreciate the work that you do and are doing a great job for the City and hope that you stay around with us for a long time. lla. Take any necessary action based on discussions held in closed session under Agenda Item number 11 including possible increase in salary. No action taken. Mayor Carpenter stated that in summary of the Council we think that you are doing a great job for the City of Schertz and also hope that you will please stay with us for a very long time. Roll Call Vote Confirmation None. Adiournment Meeti_y urned at 9:09 p.m. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary 9 -15 -2015 Minutes Page -17 - n 11 l. J YVJ ��' David Richmond, Chair P &Z