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.
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• 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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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:
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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:
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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
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- ' TTE7: t
Brenda Dennis, City Secretary
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