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12-15-2015 MinutesMINUTES REGULAR MEETING December 15, 2015 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 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 Staff Present: Executive Director Brian James Executive Director Bob Cantu City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Pro -Tem Fowler . Councilmember Daryl John Councilmember Robin Thompson City Manager John Kessel Executive Director Dudley Wait City Attorney Charles Zech Deputy City Secretary Donna Schmoekel Mayor Carpenter called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Daryl John) Councilmember John provided the opening prayer 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 (B. James/D. Wait/B. Cantu) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • December 2 — 30th Visions of Santa Civic Center. A free exhibit featuring all of Billy Keen's Santa art work will be on display M -F, 8 -5. • Wednesday, December 16, BBQ Chicken Fundraiser for Baby Emerson Loos 11:00 am - 2:00 pm, Blue Bonnet Room $8.00 per plate, to -go plates only. Baked goods available for purchase. Proceeds benefit the Loos family. Baby Emerson is fighting Congenital Nephritic Syndrome. • Friday, December 18, Movie in the Park, 6:00 to 8:00 p.m. "The Polar Express" 4 -D experience. Pickrell Park -large pavilion. Brought to you by the Schertz Parks and Recreation. Bring your blankets and lawn chairs. Vendors will be on hand with a variety of food selections. More information at Schertz.com under the Events tab. • Friday, December 25, City offices closed for Christmas Day. • Item of Interest: The recycling dumpsters at the old Animal Shelter on Borgfeld Road are being removed because of dumping issues that have occurred recently. 12 -15 -2015 Minutes Page - 1 - • Announcements and recognitions by City Manager (J. Kessel) No announcements were made. Employee Recognition • Employee Longevity Recognition — Timothy Myers — Public Works Street Foreman — 20 years. (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who gave the audience a brief outline of Public Works Department Street Foreman Tim Myers' career with the City. He also read several complimentary statements made by some of Mr. Myer's co- workers regarding his high work ethics, dedication to teaching, training his staff and his light sense of humor. Mr. Myers has been married to wife Tina for 37 years and is very proud of their children and the strong work ethic he has passed on to them. Mr. Kessel congratulated him on his 20 years of service and thanked him for his leadership here in Schertz. Mr. Meyers stated he always thought of Public Works as being a part of his family and appreciates the generous support everyone has always given him. Mayor Carpenter moved to Item 4 of the agenda. 4. Resolution No. 15 -R -111 — Consideration and/or action approving a Resolution approving the form of a Groundwater Lease Agreement for Cibolo Valley Local Government Corporation. (D. Wait/A. Cockerell) The following was read into record: RESOLUTION NO. 15 -R -111 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING THE FORM OF A GROUNDWATER LEASE AGREEMENT FOR CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION, AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Executive Director Dudley Wait who stated The Cibolo Valley Local Government Corporation, ( CVLGC) an intergovernmental corporation between the Cities of Schertz and Cibolo was established to develop and deliver wholesale water to the Cities. Since 2012, the corporation has been working on a project to lease water rights from property owners in Wilson County and then acquire and deliver that water to the two cities in cooperation with the Schertz Seguin Local Government Corporation. In November, the Region L Water Development Plan was approved and submitted to the State and included in this plan was the CVLGC project. With this regional plan approval, the CVLGC Board of Directors is prepared to start entering into leases with an approved CVLGC lease document. 12 -15 -2015 Minutes Page - 2 - The Board of Directors has expressed a desire for both member Cities to approve this document as to form and language prior to the CVLGC agents initiating meetings with the committed land owners. Staff recommends approval. Mr. Wait introduced Mr. Art Rodriguez, Legal Counsel for CVLGC, and Mr. Justin Murray, Chairman of the Board. Mr. Murray stated they had come before both city councils in May and began discussing leasing activities which have been very successful. The lease template they are now providing gives a pretty good impression that they will be able to more successfully negotiate the terms of this lease. He recognized Mr. White in the audience tonight who is the appointee from Schertz on their board. Legal Counsel Representative Art Rodriguez stated this was just the next step in the process on their scheduled timeline. Mr. Fowler congratulated Mr. Rodriguez for staying with this project and thanked him for his service. Mayor Carpenter added his thanks for the work being done to secure water for this community in the future. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -111. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Presentation • Presentations of plaques and proclamations to homeowners whose properties were named as "Landmark Properties ". (B. James/D. Weirtz) Mayor Carpenter recognized Historical Preservation Chairman Dean Weirtz who introduced the two families who were present to receive their proclamations of landmark properties. The first family is David and Pamela Weisman, residents and owners at 707 Main Street. The second family is Betty Wiederstein Biesenbach and her son Brad as well as a relative of the family Ron Wiederstein. Mayor Carpenter and Mr. Weirtz read the proclamations and presented each family with their historical marker. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. 12 -15 -2015 Minutes Page - 3 - Mayor Carpenter recognized the following who spoke: 0 Mr. Glen Outlaw, 3729 Forsyth Park, who shared a story of a small neighbor girl (3 or 4 years old) who came over with her Mom to explain she had knocked the head off of one of his Christmas Reindeer decorations. He took the child over to the decoration, fixed it, and assured her everything was alright again. His point of this story is the encouragement it gave him to see there are still parents teaching their children accountability, responsibility and manners. He hopes there are a whole bunch more families out there like this family. Workshops • Presentation and discussion regarding License Plate Readers. (D. Wait) (Item requested by Councilmember John) Mayor Carpenter recognized Executive Director Dudley Wait who stated this technology has been available for years for installing in a variety of law enforcement vehicles. The vendor here tonight, Vigilant Solutions, (Representative Hannah Karr), is being used by a number of local law enforcement agencies (i.e. our local constable). They approached staff this past June with a presentation of their technology. They have developed their program to make it more affordable for cities to get into. By entering into an agreement with them they will install these readers on the vehicles and load up all the warrants we have into their system. If an officer gets a reading on a car that has an outstanding warrant and stops it, he can explain to the driver that he can take care of it right then and there. They can supply a debit/credit reader machine and the driver can pay it. On top of the fees /fines, Vigilant Solutions adds 25% to that. The citizen does also have the option to pay in court or do jail time. When staff met with Vigilant back in June, some had questions and concerns while others thought it was a great idea and wanted to move forward with it. However, due to other city business /priorities, we didn't act on it at that time. We have since been re- contacted by Vigilant Solutions and staff was brought back together (Marshal's, Police Department, and Municipal Court). For the most part our staff thinks this is an excellent idea because the system has other features as well. An example is that it also logs all the license plates it reads whether it has a warrant registered or not. Staff has now put together a list of their questions and will reconnect with Ms. Karr for answers and discussion. Staff also intends to look at what other license plate reader systems are out there. While Vigilant is not the only company out there, they are the only company offering this type of service where we could get into it at virtually no cost and have a payment plan allowing Vigilant reimbursement for their service. However, we do want to explore other systems and compare the pros and cons of each one. Then we will come back to Council with a recommendation. Mr. Wait remained available to answer a variety of questions from council. Mayor Carpenter brought up a couple of points for council to think about. It appears to be a great method for recovering money for warrants, finding people, and potentially saving a life. However, we need to think carefully before we implement something that scans everyone. He expressed concern about Amendment IV of the Constitution. He feels we need to think carefully before we begin collecting and storing data on private citizens and their actions when they have committed no crime and done nothing to earn that level of scrutiny. As a matter of policy, is this how we (the City) want to function? Once data is collected it is not secure because its' source can be breached. 12 -15 -2015 Minutes Page - 4 - Discussion and possible direction on the appointment to the Schertz- Seguin Local Government Corporation (SSLGC) Board of Directors. (D. Wait) Mayor Carpenter recognized Executive Director Dudley Wait who said the SSLGC has a board member rotating off at the end of December, finishing his five year term; his name is Kerry Koehler. It is Schertz's turn to fill that seat. This is a five year term with meetings monthly on the third Thursday from about 11:00 a.m. until 4:00 p.m. If Council has any recommendations please notify the City Secretary. He will then come back to them in January with all the nominations. Presentation and discussion regarding the street lights along Schertz Parkway. (D. Wait/D. Letbetter) (Item requested by Councilmember Thompson) Mayor Carpenter recognized Executive Director Dudley Wait who asked Public Works Superintendent of Fleets /Streets Superintendent Doug Letbetter to join him at the podium. He provided some background information. The only lights in the city we are responsible for are along Schertz Parkway and also from FM 78 to Weiderstein Road; there are poles in the center median and on the side which are our responsibility. Prior to February the city had a big bucket truck. However, it has now reached the end of its' safe operating life. The replacement cost is very large and it was only being used about four or five times a year and it does not make any sense to replace it or fix it. Additionally, we do not have any certified electricians on staff. He provided some figures on the number of lights that had been out earlier this year. Mr. Letbetter stated he and the Purchasing Director, Jessica Kurz, worked hard on getting an electrical contractor to contract with the city and service our light outages. They are coming out quarterly now to fix our problems. Having them on call 24/7 is more economically beneficial to the city. The contract includes servicing parkway lighting, parking lots, and our city parks. He and Mr. Wait provided an update on our current lighting situation and those areas recently fixed. They both remained available answering questions from Council. • Presentation and discussion regarding the Adult Megaplex billboard located at Schertz Parkway and IH 35. (B. James /C. Zech) (Item requested by Councilmember Thompson) Mayor Carpenter recognized Executive Director Brian James who asked Councilmember Thompson if he wanted to give some thoughts on what he wanted to cover on this item. Mr. Thompson stated several citizens have contacted him stating they didn't feel the contents of this billboard in the city represented the standards and values of Schertz. He realizes there are constitutional limitations to what we may or may not be able to do. He felt we owed a public explanation as to what can and cannot be done. This way at least our residents know we have heard and are trying to respond. Mr. James said we have a sign ordinance in the city and prohibitions against obscene signs. In the picture and the words there is nothing there that constitutes obscenity. What the citizens have issues with is really simply the nature of the business and having the billboard in the city 12 -15 -2015 Minutes Page - 5 - does not reflect well on Schertz. Essentially, there is really nothing we can do to limit what is on the billboard because we have limitations on regulating content. In this case there is not anything with regard to the words or images that are obscene. The City doesn't have the ability to intervene just because some folks find it distasteful. t Mayor Carpenter commented that private citizens and/or individual council members can write to both the owner of the billboard and the business being advertised and state their opinions and feelings. Council could all agree to draft a letter stating while we recognize the right of a business to advertise as they see fit and realize we have no right or authority to tell them how to run their business, we respectfully ask that they remove it from our city. We can do that much. Councilmembers continued with discussion making various comments regarding their opinions on signing or not signing such a letter. 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 - Consideration and/or action regarding the approval of the minutes of the Special Meeting of December 4, 2015 and the minutes of the Regular Meeting of December 8, 2015. (J. Kessel/B. Dennis) 2. Ordinance No. 15 -M -42 — Consideration and/or action approving an Ordinance authorizing amended City Council Rules of Conduct and Procedure; providing for the treatment of absences; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (Mayor /Council/C. Zech) The following was read into record: ORDINANCE NO. 15 -M -42 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR THE TREATMENT OF ABSENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Mayor Pro -Tern Fowler who moved, seconded by Councilmember Edwards 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 12 -15 -2015 Minutes Page - 6 - 3. Application for Landmark or Heritage Neighborhood Designation — Conduct a Public PH hearing and consideration and /or action approving a designation request for Landmark Property Designations for Aviation Heights, Schertz Texas. (B. James/D. Weirtz) Mayor Carpenter recognized Executive Director Brian James who stated the Historical Preservation Committee gave a workshop presentation to Council on the work of the SHPC at their meeting of December 8, 2015 with anticipation of bringing this item to Council for action on December 15, 2015. This is really an honorary designation and does not come with any additional rules or restrictions. No additional standards have to be met if the owner(s) ever need to come in to pull a permit for remodeling, etc.. The Historical Committee just wants to recognize this neighborhood and -make folks more aware of the value of their property. Staff supports the recommendation. Mayor Carpenter opened the public hearing. As no one spoke, Mayor Carpenter closed the public hearing. Mr. Weirtz approached the podium and answered questions from Council. Mr. Azzoz left the dais at 7:20 p.m. Mayor Carpenter moved, seconded by Mayor Pro -Tern Fowler to approve a designation request for Landmark Property Designations for Aviation Heights. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers John, Edwards and Thompson voting for and no one voting no. Motion passed. Councilman Azzoz had stepped away from the dais. 5. Resolution No. 15 -R -112 — Consideration and/or action approving a Resolution creating and providing 2016 funding to the Hal Baldwin Scholarship, and appoint members to the 2016 Hal Baldwin Scholarship Committee. (J. Kessel/B. Cantu/S. Gonzalez) The following was read into record: RESOLUTION NO. 15 -R -112 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING 2016 FUNDING TO THE HAL BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2016 HAL BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who stated by Resolution No. 09 -R -03 in 2009, the City Council established the Hal Baldwin Scholarship to encourage graduating high school seniors who live in Schertz to pursue careers in public service. Staff recommends the following advisory committee be appointed for 2016: Don Taylor, Cedric Edwards, Reginna Agee, and Susan Beck. In the past, the committee has awarded one to two scholarships each year ranging from $1,000 to $2,500 each. Once this resolution is passed the committee will meet on January 12, 2016, to select the essay topics. The cutoff date for the applications will be Friday, April 29, 2016. After the committee makes a selection, they will bring their recommendation to the full Council for approval on May 10, 2016 and then the scholarship presentation on May 24, 2016. 12 -15 -2015 Minutes Page - 7 - Councilmember Azzoz'returned to the Dais at 7.30 p.m. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -112. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter moved to Item 10 of the agenda. 10. Ordinance No. 15 -S -43 - ZC2015 -007 — Conduct a public hearing and consideration and/or action approving an Ordinance to rezone property located at 17160 IH -35 currently PH zoned Neighborhood Services District and property located at 5317 Cabana currently zoned Manufactured Home Subdivision District to General Business District. First Reading (B. James/L. Wood) The following was read into record: ORDINANCE NO. 15 -S -43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING AN APPROXIMATELY 0.5086 ACRE TRACT OF LAND FROM NEIGHBORHOOD SERVICES DISTRICT (NS) AND MANUFACTURED HOME SUBDIVISION DISTRICT (MHS) TO GENERAL BUSINESS DISTRICT (GB). Mayor Carpenter recognized Senior Planner Lesa Wood who stated Francisco Contreras Trevino is requesting to rezone property located at 17160 IH -35 zoned Neighborhood Services District (NS) and property located at 5317 Cabana Drive currently zoned Manufactured Home Subdivision District (MHS) to the General Business District (GB) to open an automobile repairs & service, minor facility. The site contains an existing restaurant and parking lot. A required public hearing for this item was held by the Planning and Zoning Commission on October 28, 2015 where four (4) of the seven (7) Planning and Zoning member were in attendance. After the public hearing was closed Commissioners, staff and the applicant discussed items related to land uses allowed in the General Business (GB) zoning district; zoning along IH 35 from the subject property to Schertz Parkway; possible impacts on Mobile Villa Estates Subdivision; setbacks, landscaping and buffering requirements and parking. Commissioner Richmond expressed his concerns related to the intensity of the uses allowed in the General Business (GB) zoning district. Subsequently, Commissioner Braud motioned to forward a recommendation of approval to City Council and Commissioner Crawford seconded the motion. The vote was 3 to 1 with Mr. Richmond voting nay. In accordance with Ordinance 09 -S -48 referred to as the Planning and Zoning Commission By -Laws "a motion to approve any matter before the Commission or to recommend approval of any request requiring Council action shall require four (4) favorable votes of the regular members or alternate members duly sitting ". The By -Laws require continuing the application to the next regular meeting. 12 -15 -2015. Minutes Page - 8 - Due to the lack of four (4) favorable votes prescribed by Ordinance 09 -5 -48 the zoning request was placed on the November 18, 2015 Planning and Zoning meeting agenda for further consideration. On November 18, 2015 the Commission, Staff and the Applicant continued discussion on the request at which time Commissioner Greenwald recommended to forward a recommendation of approval to City Council. Commissioner Crawford seconded the motion. Vote was 4 to 1 with Chairman Richmond voting nay. The public hearing notice was published in "The Daily Commercial Recorder" on November 23, 2015 and the "Herald" on November 25, 2015. Sixteen (16) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on October 14, 2015. At the time of this staff report a total of five (5) responses have been received; three (3) response in favor of the request (one being from the subject property owner); one (1) response neutral to the request and one (1) response opposed to the request. Comments received on the notice of the public hearing reply form from property owners in the notice are area as follows: • Tim Brown, 17156 IH 35 (opposed) —Not crazy about auto repair. Comments received that the October 28, 2015 public hearing are as follows: Tim Brown, Remax Corridor, 17156 IH 35 N, asked if anyone has addressed drainage on Cabana Drive. Ms. Wood responded that drainage is not reviewed with a zoning application but will be reviewed with a site plan application. Mark Roberts, 4300 Spanish Oak, stated that this is another of those to look at from a zoning perspective and doesn't fit. Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future Land Use Plan (FLUP). The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the subject property as Commercial Campus. The Commercial Campus area is intended to encourage the development of lower intensity commercial and office uses in the locations between major intersections as a buffer between the Interstate Highway and adjoining neighborhoods. • Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in conformance with the goals and objectives of the Comprehensive Plan. • Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the existing water and wastewater systems. • Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is currently surrounded by both commercial and single family residential land uses. More intense commercial uses allowed in the General Business District have the potential to have a negative impact on the adjoining residential neighborhood. 12 -15 -2015 Minutes Page - 9 - The property at 5317 Cabana Drive was encumbered by a restrictive deed covenant which prohibited commercial development on this lot. Prior to submitting a rezoning application, the applicant had the restrictions changed so that the property could be used as a commercial use. This process involved getting at least 51% of the lots in the subdivision to agree to change the restrictive covenants to allow the subject property to be used fora commercial business. The applicant received support from 36 Y2 of the 62 subdivision lots (58.9 %) to change the restrictive covenants. The applicant has also submitted letters of support for the rezoning to General Business (GB) from four (4) property owners within the 200 foot notice area and from one (1) property owner adjacent to the noticing area. Neighborhood Services District (NS) is the typical commercial zoning district buffer between single family residential neighborhoods and commercial, because the zoning district is intended to provide suitable areas for the development of limited service and retail uses in close proximity to residential neighborhoods with non - residential uses which do not attract long distance traffic trips. However, due to the property location along IH -35 and the documentation provided showing support of the commercial land use from the adjoining residential neighborhood, Staff does not have an objection to the zoning request. Staff does have some concern that the General Business District (GB) allows for some intense commercial uses which could potentially have a negative impact on the adjoining neighborhood. These more intense uses include but are not limited to; Car Wash, Self Service, Dance hall/ Night Club, Private Club, Tavern and Tool Rental. However, staff recommends approval of the rezoning application with deference given to the opinions of the residents of the Mobile Villa Subdivision who are most directly impacted by the zoning change. The Planning and Zoning Commission conducted the public hearing on October 28, 2015 and f considered and acted on the request on November 18, 2015 at which time offered a recommendation of approval with a vote of 4 to 1 with Chairman Richmond voting nay. Staff recommends approval of Ordinance 15 -5 -43 to rezone the subject property to General Business District (GB). Mayor Carpenter opened the public hearing and the following individuals spoke: • Mr. James McNight, 112 E. Pecan, who stated he was representing the buyer in this case. The reason for rezoning to general business is to construct a Brake Check facility, which will be 3,200 square feet. He showed examples of what the business would look like. They will be putting in appropriate landscape buffers. They did go out and get signatures from residents in the area agreeing to the property change to commercial zoning. • Mr. Glen Outlaw, 3729 Forsyth Park, who stated his concern of taking away a residential lot and extending commercial. Will this happen again where we are shoe horning commercial businesses in with residential? He suggests the city take'a look at the future. His major concern is that we are starting to let the commercial zoning encroach into a residential area this time — what about the next time? It's just something to think about. • Mr. David Richmond, who stated his concerns are similar to Mr. Outlaw's. He is looking towards the future rather than the present. In the future we just don't know what that property might evolve into from a use standpoint if we grant general business zoning. 12 -15 -2015 Minutes Page - 10 - There is a significant difference between general business and neighborhood services and the variety of uses both entail. Mayor Carpenter closed the public hearing and opened discussion for council. Councilmember Edwards stated since the acreage is so small (1/2 acre) what neighborhood services could actually fit on there. Ms. Wood agreed it would be limited due to its size mainly because of the lack of space for parking. It would have to be a very small business (i.e., dry cleaners, bakery). Council continued discussion regarding possible drainage /flooding issues, future business uses, etc. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Councilmember John to approve Ordinance No. 15 -S -43 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 11. Ordinance No. 15 -S -44 - SUP2015 -002 — Conduct a public hearing and consideration PH and/or action approving an Ordinance for a Specific Use Permit to allow a Convenience Store with Gas Pumps at 853 FM 3009. First Reading (B. James/L. Wood) The following was read into public record: ORDINANCE NO. 15 -S -44 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ZONING 853 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A SPECIFIC USE PERMIT FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS Mayor Carpenter recognized Senior Planner Lesa Wood who stated Schertz 3009, LTD is requesting a Specific Use Permit to allow a convenience store with gas pumps on approximately 1 acre of land located at 853 FM 3009 and more specifically described as Lot 2, Block 1 of the Schertz 3009 Market Subdivision with associated site plan. The proposed development includes a 1,200 square foot convenience store with twelve (12) gas pumps. The subject property is designed as a pad site adjacent to the proposed Neighborhood Market which is located at Lot 1, Block 1 of the Schertz 3009 Market Subdivision. Access to the site will be through two (2) shared driveways along FM 3009 and Elbel Road. The subject property is currently zoned General Business (GB). On July 22, 2014 City Council approved a specific use permit (SUP) to allow a convenience store with gas pumps on this site with conditions. In accordance with the Ordinance 14 -S -35 a building permit was required to be approved within one year of the adoption of the Specific Use Permit ordinance. No building permit was approved within required one year. The SUP expired on July 22, 2015. The applicant is seeking approval of a Specific Use Permit to allow a convenience store with gas pumps again since the original SUP has expired. The associated site plan provided with this ordinance is the plan approved by City Council on July 22, 2014. The public hearing notice was published in "The Daily Commercial Recorder" on November 23, 2015 and the "Herald" on November 25, 2015. Seven (7) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property 12 -15 -2015 Minutes Page - 11 - on November 6, 2015. At the time of this staff report one (1) response was received in favor of the request from Bodaco, Inc., 858 Garden Circle /800 FM 3009 with the following comment "This would be great for that area." IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent to the proposed Neighborhood Market to the South and West; the Bradzoil Ten Minute Change Station to the east (across FM 3009); and a 7- Eleven convenience store with gas pumps located on the northeast corner of FM 3009 and Borgfeld Road. This property and adjacent properties are designated for commercial uses and zoned General Business (GB) or Neighborhood Services (NS). The comprehensive land use plan identifies this area as multi- family residential which is intended for apartment buildings, assisted living facilities and low intensity commercial uses. The proposed convenience store with gas pumps is a land use that is compatible with the existing commercial land uses in the area. SITE PLAN: The applicant is proposing to construct a 1,200 square foot convenience store with twelve (12) gas pumps (Murphy Express) on the approximately 1 acre tract of land. • Architectural Standards: Section 21.9.5 Exterior construction and Design standards requires all non - residential buildings to meet the minimum masonry requirements, fagade articulations and percentage of windows and doors. The proposed building elevations comply with the Exterior Construction and Design standard. The building and gas canopy will be constructed of brick, stucco, and EIFS with the front fagade consisting of 35% windows and doors. Additionally, the building complies with the vertical and horizontal articulations on all required walls. • Parking: The site has five (5) parking spaces of which one (1) will be handicap parking which meets the minimum parking standard for the proposed use. • Screening requirements: The site has satisfied the minimum requirements for the location and screening of accessory structures. The ice units and propane tank storage are located on the west side of the property and will be screened by an eight (8) foot masonry wall. Additionally, the trash receptacle will be constructed of masonry with metal gates that meet the minimum requirements. • Lighting and glare standards: The applicant will be responsible for complying with Section 21.9.11 Lighting and Glare standards at the time of building permit. A note has been placed on the site plan. • Landscaping: The UDC requires that non - residential development adjacent to right -of -way requires a landscape buffer. A total of seventeen (17) shade trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree per twenty (20) feet, and one (1) tree per fifty (50) feet along Elbel Road right -of -way. Five (5) additional shade trees will be planted along the south and west property lines. Shrub screening will be planted adjacent to all vehicle use areas. The remaining landscaped area will be grass sod. All landscaping will be watered by an automatic irrigation system. • Access and circulation: The site is accessed through two shared driveways, one on Elbel Road and the other on FM 3009. Thirty (3 0) foot wide drive isles with twenty four (24) foot fire lanes have been provided to allow for two way traffic and emergency vehicle access. The shared driveway on FM 3009, shown on the site plan sheet SP -1, has not yet received TxDOT approval. The applicant is working with the adjacent Lot 1, Blockl and TxDOT to design the shared driveway on FM 3009 to ensure adequate safety and access for the large fuel trucks. 12 -15 -2015 Minutes Page -12 - CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed convenience store with gas pumps will be subject to provisions of the Unified Development Code (Ordinance 11 -S -15, as amended). Additionally, the Specific Use Permit will be conditioned upon the following occurring: a) A driveway permit for the shared driveway on FM 3009 located on Lot 1, Block 1 of the Schertz 3009 Market Subdivision has been issued within one year of the adoption of the Specific Use Permit ordinance; and b) A building permit has been approved within one year of the adoption of the Specific Use Permit ordinance; and c) The use has begun operation within two years of the issuance of the necessary building permit. A Specific Use Permit allows for discretionary City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a property owner to submit subsequent development applications consistent with the approved Specific Use Permit. The Planning and Zoning Commission conducted the public hearing on November 18, 2015 and offered a recommendation of approval by a unanimous vote. Mayor Carpenter opened the public hearing and the following individuals spoke: • Mr. James McNight, 112 E. Pecan, who stated he once again was representing the applicant for this item. Part of the reason for the design was to work in conjunction with the proposed Walmart that was behind that site, but that proposed site has not come to fruition yet so the permit has lapsed. However, they are ready to move forward with it now with or without the Walmart. Mayor Carpenter closed the public hearing and opened discussion up for comment and questions from Council. Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro - Tem Fowler to approve Ordinance No. 15 -S -44 on first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter moved to Item 6 of the agenda. 6. Resolution No. 15 -R -113 — Consideration and/or action approving a Resolution accepting the Semi- annual Report with respect to the progress of the Capital Improvements Plan, and other matters in connection therewith. (B. Cantu/J. Santoya/J. Walters) The following was read into record: 12 -15 -2015 Minutes Page - 13 - RESOLUTION NO. 15 -R -113 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Assistant Finance Director James Walters who said Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital Improvements Advisory Committee (CIAO) to file semi - annual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing impact fees. Section 90 -158 of the City's Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of our current Planning and Zoning Commission, a real estate -type representative and a resident in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council. Mr. Walters went over a few items on the report and stated staff recommends council approve the resolution accepting the semi - annual report as made up of the draft minutes for the November 18, 2015 CIAC meeting and the Capital Recovery Balance Report. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro - Tem Fowler to approve Resolution No. 15 -R -113. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 7. Resolution No. 15 -R -114 — Consideration and/or action approving a Resolution authorizing a second amendment to the Interlocal Agreement with the Alamo Area Council of Governments (AACOG) to provide demand- response public transportation. (B. James) The following was read into record: RESOLUTION NO. 15 -R -114 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING A SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) TO PROVIDE FUNDING OF $29,115.00 FOR TRANSIT SERVICES IN THE CITY OF SCHERTZ. Mayor Carpenter recognized Executive Director Brian James who said Schertz residents benefit from access to ART, the rural transit system operated by the Alamo Area Council of Governments (AACOG). The ability to use transit makes it possible for the residents that use this service to be independent and improves quality of life. Schertz is included in the San Antonio urbanized area and funds are provided to VIA for this service which requires a local match from the City of Schertz. The amount of match will vary from year to year. A match of $29,115.00 is required this year, which is slightly down from this past year. The City allocated funds as part of the current budget. 12 -15 -2015 Minutes Page - 14 - Staff is recommending that the City enter into an agreement with AACOG to continue to provide transportation services. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Mayor Pro- tern Fowler to approve Resolution No. 15 -R -114. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion. passed. Resolution No. 15 -R -115 — Consideration and/or action approving a Resolution authorizing the City Manager to accept Cypress Point Park. (J. KesselB. James) The following was read into record: RESOLUTION NO. 15 -R -115 A RESOLUTION BY THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT THE CYPRESS POINT PARK AS CITY PROPERTY. Mayor Carpenter recognized Executive Director Brian James who said Cypress Point is a multi -phase residential development located generally at the corner of IH -35 and Eckhardt Road. The developer proposed to dedicate an improved park to the City of Schertz in order to satisfy their parkland dedication requirement. The developer has constructed the parking, walkway, playground equipment and other agreed upon improvements which have been inspected by the City. The proposed resolution authorizes the City to accept the park as City property. Upon transfer of ownership the City will begin maintaining the property. The Parks Department will work over the coming year to install signage and potentially a disc golf course. By accepting this park into the City's park system additional costs for maintaining the park will be incurred. Over the course of the next year, the City anticipates opening the Crossvine Park and accepting the Rhein Valley Park. The Parks Department is working to determine how much additional funding will be requested as part of the 2016 -17 Budget. Mr. James remained available and answered several questions from Council. Councilmember Edwards made a motion to approve Resolution, 12-R-1 15. After noting that the backup papers had a typo on it, Councilmember Edwards withdrew his motion. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 15 -R -115. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. 9. Ordinance No. 15 -M -46— Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances to provide for additional regular City Council meetings. First Reading (Mayor /Council) The following was read into record: 12 -15 -2015 Minutes Page -15 - ORDINANCE NO. 15 -M -46 AN ORDINANCE AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES ESTABLISHING THE DATES OF CITY COUNCIL, MEETINGS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. Mayor Carpenter stated Section 4.09(c) of the City Charter of the City of Schertz, Texas provides that the City Council shall meet at least once each month at a time and place prescribed by Ordinance. Section 2.2 of the Code of Ordinances establishes the time and place for Council meetings. The City Council over the years has amended this section, most recently on September 8, 2015, when they approved Ordinance 15 -M -32, amending the number of meetings per month. Currently meetings are set on the first, second, and fourth Tuesdays of the month at 6:00 p.m., provided that the City Council by motion or resolution or the City Manager in consultation with the Mayor may cancel any such regular meeting due to conflicting events or meetings or lack of need for a meeting so long as at least one regular meeting of the City Council is conducted each month. The Ordinance also states that regular meetings of the City Council shall commence at 6:00 p.m., and that the regular meetings shall be held at the City Council Chambers, 1400 Schertz Parkway in the City of Schertz, provided that from time to time a regular meeting of the City Council may be conducted in joint session with another governmental body commencing at a different time and/or at another location in the City of Schertz as designated by posed written notice of the City Secretary. This ordinance also provides that on a quarterly basis, for the 3rd Tuesday of the month there will be a "Council on the Go' town -hall type meeting, with locations to be held at various sites throughout the city. In accordance with Councilmember Thompson's request, the proposed ordinance includes the addition of the annual council workshop /retreat meetings be added to the city council calendar and classified as regular council meetings. These meetings are: • Strategic Planning Retreat — 3rd Friday in January • Pre - Budget Retreat — 4t' Friday in March • Teambuilding Retreat —1 st Friday in December • Budget and/or Other Priorities — Date to be determined in June, July, or August as may be needed. Staff recommends approval of Ordinance No. 15 -M -46 on first reading. Council engaged in discussion regarding the structure of the additional meetings and the day of the week that would be most convenient for the meetings. Participation by all members is very important and valuable. Mayor Carpenter stated that in his view it is immaterial whether they are regular sessions or not regular sessions. He feels the statement being made is that since we have started having these all day work sessions three times a year, council feels like they should be institutionalized and made a permanent part of our yearly calendar. The day of the week to have them on is inconsequential. For future councils, by deciding these workshops are 12 -15 -2015 Minutes Page -16 - important enough that they should be regular sessions of the council we would be setting a precedence. We could pass it tonight and we can always change the days later. Councilman Thompson suggested they involve the city staff as to what day of the week would be best for them since they are also involved in the meetings. City Manager John Kessel stated in general that staff would be flexible to whatever schedule Council selected. After making several motions and subsequently withdrawing them. Councilmember Edwards made the motion below. It was decided to take this item up again the first week in January. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Thompson to take no action on Ordinance No. 15 -M -46 first reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call votes for agenda items 1 through 11. Executive Session 15. City Council will meet in closed session under section 551.071 Consultation with the City Attorney and Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Reconvene into Regular Session 15a. Take any necessary action based on discussions held in closed session under Agenda Item number 15. Roll Call Vote Confirmation No action was taken. Requests and Announcements 12. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were provided. 12 -15 -2015 Minutes Page - 17 - 13. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who requested that staff draft a letter regarding the MegaPlex billboard with language stating what we believe is in opposition to our city's values and at the same time recognizing their constitutional rights. Mayor Carpenter stated lets have an agenda item where we will further discuss this issue and ask the City Attorney to give us some guidance as to what we could say as well as things we should not say. Then we can take that guidance and craft something. 14. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated he attended the following: • Tuesday, December 15, Grand Opening/Ribbon Cutting for Quenstedt Law Firm Mayor Carpenter recognized Councilmember Edwards who stated he wanted to mention a couple of people who are moving on to bigger and better things. He understands Daryl John has filed to run for County Tax Assessor - Collector and George Antuna has decided to run for County Commissioner Precinct 3. He wished them luck. Each council member wished staff and their colleagues Happy Holidays, a Merry Christmas and Happy New Year. Mayor Carpenter echoed Councilmember John by thanking everyone for an interesting year. He stated that we have done a lot of work this year from figuring out how to buy new fire trucks and ambulances to having a bond election with significant changes to our charter as well as having our first classification and compensation study. We have broken a lot of new ground. He thanked Mr. Kessel and staff for all their work, both in the preparation of the budget and all the other things that have been innovations throughout the year. He wished everyone a Merry Christmas and Happy Hanukkah to all our friends of the Jewish faith. Adi ournment Mayor Carpenter adjourned the meeting at 9:44 p.m. is /ael Carpenter, Mayor 12 -15 -2015 Minutes Page -18 - - ' TTE7: t Brenda Dennis, City Secretary 12 -15 -2015 Minutes Page - 19 -