08-23-2016 MinutesMINUTES
REGULAR MEETING
August 23, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 23,
2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building 44, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Mayor Pro -Tern Cedric Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
Call to Order — City Council Regular Session
City Manager John Kessel
Executive Director Dudley Wait
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to order at 6:05 p.m.
Opening Prayer and PledlZes of Allegiance to the Flal4s of the United States and State of Texas.
(Councilmember Azzoz)
Councilmember Azzoz provided the opening prayer followed by the pledges of allegiance to the flags
of the United States and the State of Texas.
Mayor Carpenter welcomed and recognized Drew Barber and Daniel Krauss, Boy Scouts from Troop
No. 51 who were here this evening working on their Communications Merit Badge. Mayor and
Council welcomed them.
City Events and Announcements
® Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
® Wednesday, August 24, The Bank of San Antonio Ribbon Cutting, 17115 I11-35,
10:00 a.m.
® Friday, August 26, Coffee with The Chamber (sponsored by Chick fil -A), 1730
Schertz Pkwy, 7:30 -9:30 a.m.
® Friday, August 26, 8:30 a.m., Drawing for Place on the November 8, 2016 ballot,
Administrative Building #2, Administrative Conference room.
Tuesday, August 30, 2016, is a regular Council meeting.
® Wednesday, August 31, Blood Drive, City Hall Parking Lot, 8 -11:30 a.m.
® Monday, September 5, City Offices will be closed due to the Labor Day Holiday.
08 -23 -2016 Minutes Page -1-
Note: Filing for a place on the ballot continues through Thursday, August 25, 2016 until 5:00
p.m. for the Special Election (Councilmember Place 3). For more information, go to
www.schertz.com and click on the Election Banner.
® Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to brag on City
Municipal Court Director, Patti Veliz who recently earned her Certification from the Institute
of Court Management. This is a very prestigious award offered in the United States, Puerto
Rico, Canada and the Virgin Islands. There are only 500 professionals from all those
countries who have this award and now she is one of them. He knows she worked very hard
on this and he congratulated her on her achievement.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
® Ms. Maggie Titterington, The Chamber President who provided information regarding the
past and upcoming Chamber Events. Ms. Titterington stated that the Senior Disco Dance
last Friday was a huge success and thanked all those who attended. Ms. Titterington
provided the following announcements:
September 21, 2016 — Biz Ed Seminar — Thriving in the People Business,
8:00 a.m. to 11:30 a.m. Schertz Civic Center.
October 12, 2016, Meet the Candidates 6:00 p.m. to 7:00 p.m., Schertz
Civic Center, event sponsored by Randolph Brooks and the moderator will
be Tim Brown.
• Mr. Rick Eads, 5523 Cypress Point, who spoke on our parks in Schertz and the need for
the Parks Department to have the appropriate equipment to maintain them.
• Mr. Jim Hough, 5133 Blackhorse, who addressed the Council regarding drainage issues
and flooding due to heavy rains in the Fairway Ridge Neighborhood. He provided copies
to council of a partial petition from the neighborhood to address the issues. Mr. Hough
thanked the City Manager, Engineering and Environment Health Manager for coming out
and looking at the situation.
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.
Minutes — Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of August 9, 2016. (J. Kessel /B. Dennis)
2. Excused Council Absences — Consideration and/or action excusing City Council Member
absences for the following date: August 9, 2016. (B. Dennis/Mayor /Council)
08 -23 -2016 Minutes Page - 2 -
3. Appointments/Reappointments and Designations to the various City Boards,
Commissions and Committees — Consideration and /or action regarding ratifying the
resignations of Mr. Larry Franklin and Ms. Debbie Perrone and the appointment of Mr. Roy
Ragsdale and Mr. John Sullivan to the Transportation Safety Advisory Board.
(Mayor /Council /B. Dennis)
4. Resolution No. 16 -R -66 — Consideration and /or action approving a Resolution authorizing a
contract with Icon Enterprises, Inc., dba CivicPlus for Website Migration and Hosting
services. (B. James /M. Clauser)
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve consent agenda items 1 -4. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting
for and no one voting no. Motion passed.
Discussion and Action Items
5. Public Hearing on Proposed Budget for FY 2016 -17 — Conduct a public hearing regarding
the adoption of the FY 2016 -17 Budget. (First required public hearing) (J. Kessel /J. Walters)
PIJ
Mayor Carpenter recognized Assistant Finance Director James Walters who stated in
accordance with Section 102.006 of the Texas Local Government Code the City Council must
hold a public hearing on the proposed budget for FY 2016 -17.
Mr. Walters provided a PowerPoint presentation with the following highlights:
RECENT BUDGET PRESENTATONS:
® 3 Community Presentations
August 1 lth — Corbet Jr. High
August 17th — North Community Center
August 18th — Schertz United Methodist
a Budget Workshop
- August 9th — Council Chambers
* Questions or requests for more information see him in the staff room in the back after
the public hearing.
ALL FUNDS — REVENUES
General Fund $28,524,850
Special Events Fund 130,350
PEG Fund 113,300
Water & Sewer Fund 20,594,058
EMS Fund 9,044,267
Drainage Fund 1,148,200
08 -23 -2016 Minutes Page - 3 -
Hotel Tax
Park Fund
Tree Mitigation
Capital Recovery Water
Capital Recovery Sewer
I &S Fund
Other Funds
SEDC
Grand Total
ALL FUNDS — EXPENSES
General Fund
Special Events Fund
PEG Fund
Water & Sewer Fund
EMS Fund
Drainage Fund
Hotel Tax
Park Fund
Tree Mitigation
Capital Recovery Water
Capital Recovery Sewer
I &S Fund
Other Funds
08 -23 -2016 Minutes Page - 4 -
611,452
185,000
142,000
1,040,600
625,500
6,614,581
34,810
3,738,260
$72,547,228
$28,516,699
130,350
108,600
20,574,656
8,928,351
1,122,764
260,995
185,000
142,000
156,000
235,500
6,614,581
33,750
Grand Total
2,062,617
0 3 Firefighters for Station 3 (approved August 2nd)
® 3 Police Officers
a 2 Paramedics
® 1 IT Employee
Make a Seasonal Park Worker regular Part Time
0 Make a Part Time Facilities Technician Full Time
CHANGE MEMO
® General Fund:
-All of the 4.9% Health Insurance increase covered by City
- Vehicle for New Patrol Officer
- Replace Police Cameras
- Additional Funding for the Junior Fire Academy
- Making a Seasonal Park Worker a Regular Part Time employee
- Additional Funding for Library Materials
- Moving a Facilities Technician I from Part Time to Full Time
® Parkland Dedication:
- Additional Funding to cover the Playscape Restroom Project
_v 111 F
Revenue 26,523,587 28,481,572 29,658,342 30,808,595 32,017,014 33,456,752
Expense 25,293,887 28,516,669 29,837,859 30,71.9,131 31,752,872 32,883,265
08 -23 -2016 Minutes Page - 5 -
25% Goal 6,233,322 75105,737 7,435,715 7,676,033 7,913,218 8,182,066
Mr. Walters announced that the second public hearing and first vote will be held on Tuesday,
August 30, 2016.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
0 Mr. Daniel Plant, 4720 Windy Woods Trail who spoke on the need for more police
officers.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if the City had gone out to
check insurance /benefit rates with other companies this year. In response, Mr. Walters stated
that we broker with BDI who supplied us with the updated information regarding the
insurance rate increases; he is unaware that we went out for competitive bids this year but will
check on it and get that information to Mayor Pro -Tem Edwards. Mayor Pro-Tern Edwards
stated that Mr. Walters could email him the information.
6. Public Hearing on Proposed Tax Rate — Conduct a public hearing regarding the adoption of
the FY 2016 -17 Tax Rate. (First required public hearing) (J. Kessel /J. Walters)
PH
Mayor Carpenter recognized Assistant Finance Director James Walters who stated at the
August 9, 2016 regular session the City Council, by record vote, established a proposed
preliminary maximum tax rate of $0.4911, per $100 of value, with the M &O rate at $0.3168
and the I &S portion of $0.1743. The proposed rate is not subject to rollback.
In accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing body must
hold 2 public hearings on the tax rate if the proposed tax rate exceeds the lower of the
Effective or Rollback Tax Rate. In this case the hearings are required as the proposed rate
exceeds the effective rate.
The first required public hearing will be at the August 23, 2016 regular session. The second
required public hearing will be conducted at the August 30, 2016 regular session.
08 -23 -2016 Minutes Page - 6 -
During the final tax rate adoption process Council can approve a lower rate at that time,
however they will not be able to approve a rate higher than this without republishing the
notices and holding additional public hearings. Due to timing constraints set by the State Tax
Code 26.05(a), the latest council could set a new preliminary rate is August 30, 2016 without
calling special meetings.
The proposed maximum rate maintains quality service to residents and businesses and
provides growth in service offerings based on input staff received from Citizens and Council
from Retreats, Community Meetings, and elections. The current property tax rate is $0.4911
per $100 valuation. The proposed maximum tax rate will remain the same at $0.4911 per $100
valuation. The M &O portion of the property tax rate will increase to $0.3168 from $0.3159
per $100 valuation. The I &S portion will decrease to $0.1743 from $0.1752 per $100
valuation. Mr. Walters provided a PowerPoint with the following information:
Effective: Is a calculated rated that would provide the
taxing unit with about the same amount of
revenue it received in the year before on
properties taxed in both years.
Rollback: Is a calculated maximum rate allowed by law
without voter approval.
Current: The rate currently adopted by the City.
Proposed Max: The maximum rate set at which the final adopted
rate cannot exceed.
Effective: $0.4803
Rollback: $0.5080
Current: $0.4911
Proposed Max: $0.4911 Proposed budget is balanced at this rate
$0.01 is equal to $325,598 revenue or $20.00 on the average Home.
Target Tax Rate:
Tax Current
Date
M&O $0.3159
1 &S $0.1752
Total $0.4911
08 -23 -2016 Minutes Page - 7 -
Proposed
Maximum
$0.3168 For day to day operations
$0.1743 To pay the City's debt
® At $0.4911 —
Existing residents average tax bill:
2015 Tax Bill = $913.45 Avg Home Value $186,000
2016 Tax Bill = $934.32 Avg Home Value $190,250
Increase =$ 20.87
New Residents Average Tax Bill 2016 Tax Bill = $982.20 Home value of
$200.000
2016 Property 'faxes
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08 -23 -2016 Minutes Page - 8 -
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Public Dearing Dates:
August 23, 2016 and August 30, 2016.
Mr. Walters provided the following information regarding the Budget Calendar for
FY2016 -17:
August 5 File with City Secretary
August 9 Budget Workshop, set the preliminary tax rate, and schedule public hearings
August 11 First Community Budget presentation — Corbett Jr. High School
August 17 Second Community Budget presentation — North Community Center
August 18 Third Community Budget presentation — Schertz United Methodist Church
August 23 First Public Hearing
August 30 Second Public Hearing and first vote
September 6 Second vote
October 1 Budget goes into effect
Mayor Carpenter opened the public hearing and recognized the following who spoke:
® Mr. Jeff Womack, 2944 Mineral Springs, who thanked staff and city officials for hosting
the three Community Budget meetings, indicating that citizens should get involved in
these meetings as they were very informative in knowing the process.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. No
comments were provided.
7. Ordinance loo. 16 -S -31 — Conduct a Public Hearing and consideration and /or action
PD approving an Ordinance imposing a moratorium on property development due to a need to
prevent a shortage of essential public facilities generally in the area from IH -10 to
approximately 2,000 feet North of Lower Seguin Road between FM 1518 and the western
boundary of the City Limits. First Reading (B. James/B. James)
The following was read into record:
Mayor Carpenter recognized Executive Director Brian James who introduced this items
stating the Texas Local Government Code, Section 212 Subchapter E Moratorium on Property
Development provides that in certain circumstances cities may impose a moratorium on
08 -23 -2016 Minutes Page - 9 -
property development in the event that there exists a demonstrated need to prevent a shortage
of essential public facilities or a significant need for public facilities. In order to impose a
moratorium certain notice and public hearing requirements must be met within a specified
time frame. The imposition of the moratorium is based on written findings that provide
evidence demonstrating the extent of the need beyond the estimated capacity of existing
essential public facilities or a significant need for public facilities that is expected to result
from new property development.
As City Council is aware the City of Schertz is experiencing tremendous growth in southern
Schertz. Much of this area is located in the flight path of Joint Base San Antonio Randolph.
Base operations present unique hazards as are outlined in the 2015 Joint Base San Antonio
Randolph Land Use Study especially considering the bird strike hazard which Council
adopted per Resolution 15 -R -96 that includes strategies and timeframes to mitigate these
hazards. While the City is in process of planning for a Fire Station #3 in this area, the
particular hazards from JBSA Randolph necessitate additional measures to ensure this hazard
is mitigated. These hazards associated with JBSA Randolph operations and existing
development patterns create a significant need for public facilities, in particular fire facilities.
A failure to provide these facilities given the current land uses, zoning, and land use
designations coupled with Base operations would result in an overcapacity of these facilities
that are detrimental to the health, safety, and welfare of residents of Schertz.
In order to impose the moratorium, Council must hold this public hearing, a public hearing
must be held at the Planning and Zoning Commission on August 24, and again at City Council
on August 30. This will allow the imposition of a moratorium for up to 120 days while the
City works to alleviate the problem of a lack of capacity of fire facilities in this area. Staff
recommends that Council approve Ordinance No. 16 -S -31 on first reading.
Mayor Carpenter opened the public hearing and recognized the following who spoke:
a Col. Mike Snell, 12th Flying Wing Randolph who on behalf of Col. Kerry read a prepared
statement in favor of this item siting specifics.
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Councilmembers provided their opinions and thoughts regarding this need addressing various
questions to Mr. James.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 16 -S -31, first reading. The vote was
unanimous with Mayor Pro -'Tens Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
8. Ordinance No. 16 -S -28 - ZC2016 -006 - Conduct a Public Hearing and consideration and /or
PH action approving an Ordinance on a request to rezone approximately 14 acres of land
generally located 705 feet west of the intersection of FM 482 and Hubertus Road, from
Manufacturing District, Light (M -1) to Agricultural District (AD). The property is
specifically described as 13.17 acres out of the Rafael Garza Survey No. 98, Abstract No.
175, City of Schertz, Comal County, Texas. First Reading (B. James /L. Wood /B. Cox)
The following was read into record:
08 -23 -2016 Minutes Page - 10 -
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY
ACRES OF LAND FROM MANUFACTURING DISTRICT, LIGHT (M-1) TO
AGRICULTURAL DI■ D
Mayor Carpenter recognized Planner 1, Channary Gould who stated CMH Homes, Inc. is
requesting to rezone approximately 14 acres of land from Manufacturing District, Light (M -1)
to Agricultural District (AD). They have indicated they plan to subdivide the property to
create two buildable lots. The property is currently vacant and undeveloped.
The public hearing notice was published in "The Daily Commercial Recorder" on August 1,
2016 and the "Herald" on August 3, 2016. Nine (9) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on July 15,
2016, prior to the Planning and Zoning Commission meeting on July 27, 2016. At the time of
this report being prepared, Staff received one (1) response in favor of the request.
Staff reviewed the request for conformance with the Comprehensive Land Plan and the
Schertz Sector Plan. The Sector Plan amendment to the Comprehensive Land Use Plan
(CLUP) designates the subject property as Agricultural Conservation which is intended to
preserve a rural /agricultural state. The Sector Plan recommends one of the character - defining
elements for the Agricultural Conservation designation as residential and agricultural large -
lots that are at least five (5) acres in lot size.
Comprehensive Land Plan Goals and Objectives: The proposed re- zoning request is in
conformance with the goals and objectives of the Comprehensive Land Plan for this
area. The proposed Agricultural District zone states that it is intended as a base zoning
district in areas designated as Agricultural Conservation on the future land use map of
the North and South Schertz Sector Plan.
Impact on Infrastructure: The proposed zoning request should have a minimal impact
on the existing and planned water and wastewater systems. The project is within the
Green Valley Special Utility District's service area and the applicant is proposing
onsite sewer system facilities for the two proposed lots.
Impact on Public Facilities /Services: The proposed rezoning request should have a
minimal impact on public services, such as schools, fire, police, parks and sanitation
services since the area the subject property is located in is currently predominantly
rural in nature.
Compatibility with Existing and Potential Adjacent Land Uses: The subject property
is predominately surrounded by undeveloped land and existing rural single - family
residential uses. The proposed rezoning is compatible with the existing adjacent land
uses.
08 -23 -2016 Minutes Page - 11 -
Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for
Council comments. No further comments were provided.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem Edwards to approve Ordinance No. 16 -S -28, first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
9. Ordinance No. 16 -S -25 — Conduct a Public Hearing and consideration and /or action
approving an Ordinance on request to rezone approximately 11 acres of land generally
PH located 125 feet south of the intersection of FM 3009 and Wiederstein Road, from Single -
Family Residential -1 (R -1) to Planned Development District (PDD). The property is
specifically described as 10.689 acres out of the Toribio Herrera Survey No. 68, City of
Schertz, Guadalupe County, Texas. First Reading (B. James /L. Wood /B. Cox)
The following was read into record:
ORDINANCE NO. 16 -S -25
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY 11
ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL DISTRICT -1 (R -1) TO
PLANNED DEVELOPMENT DISTRICT (PDD).
Mayor Carpenter recognized Senior Planner Bryce Cox who stated RA Schertz Development,
LP is requesting to rezone approximately 11 acres of land from Single - Family Residential
District -1 (R -1) to Planned Development District (PDD) in order to develop a commercial lot
and a multi - family apartment complex. The property is generally located 125 feet south of the
intersection of FM 3009 and Wiederstein Road.
The proposed zoning consists of a commercial portion adjacent to FM 3009 and multi- family
between behind the commercial. The commercial portion is proposed with a base zoning of
General Business (GB) with modifications to the permitted land uses to remove 21 uses as
described in the development standards. The multi - family portion is proposed with a base
zoning district of Apartment/Multi- Family Residential District (R -4) with amendments to
decrease the lot width, decrease the maximum allowable height and restrict the maximum
number of units to 96.
The PDD also provides for some specific development standards. The following summary
highlights some of the significant modifications to the requirements of the Unified
Development Code (UDC). Please review the PDD design standards to view all
modifications:
1. The multi- family lot will provide a 40 -foot landscape buffer and the masonry fencing
as shown on the site plan between the multifamily lot and the neighboring single -
family residential district to the West (rear) of the PDD.
08 -23 -2016 Minutes Page -12 -
2. The multi - family lot will provide the masonry fencing as shown on the site plan
between the multi - family lot and the parkland dedication in the northwest corner and
north side of the PDD.
3. The multifamily lot will provide a 30 -foot landscape buffer and the masonry fencing to
the extent of what is shown on the site plan between the multi - family lot and the
neighboring single- family residential district to the South (side) of the PDD.
4. All lots in the PDD will follow the provision of the current Bexar County Dark Sky
ordinance.
5. The minimum tree preservation requirement will be reduced to 15 %.
6. The minimum parking ratio for the multi- family lot will be 2 parking spaces per unit.
The public hearing notice was published in "The Daily Commercial Recorder" on August 5,
2016 and the "Herald" on August 10, 2016. Twenty -three (23) public hearing notices were
mailed to surrounding property owners within two hundred (200) feet of the subject property
on June 30, 2016. Staff has received 2 property owner responses in favor of the request, 1
property owner response neutral to the request, and 13 property owner responses opposed to
the request from the area within the 200 foot notification boundary.
Written opposition to the rezoning request has been received by property owners of more than
20% of the land area within the notification boundary constituting a written protest under
Local Government Code §211.006(d). As such, to approve the request at least three - fourths
(3/4) of the City Council must have an affirmative vote.
A total of 4 responses have been received in favor of the request. A total of 406 people have
submitted responses opposed to the request, including a petition received on June 21, 2016
containing 400 individual signatures. Additionally, 1 response neutral to the request has been
received.
A public hearing was held at the July 13, 2016 Planning and Zoning Commission Meeting. A
total of 33 people spoke during the hearing, 9 in favor of the rezoning and 24 opposed to the
rezoning. The comments generally made in favor of the request were:
® The community needs more affordable housing for seniors and low income
® 10 to 15 year wait list on existing affordable housing for seniors
® Growth is coming to Schertz and the community needs to accept that
® This is an appropriate use for the site
The comments generally made opposed to the request were:
® Concerns with increased traffic
® Concerned that multifamily will decrease surrounding property values
® This project will hurt the natural resources in the area
® Concerns that the property will not be well maintained
® The development would add to the overcrowding of schools
08 -23 -2016 Minutes Page -13 -
® Concerns with neighborhood safety /security and increased crime
® Concerns about wildlife and tree removal
® Concerns with storm water runoff and drainage
® Lack of daycare facilities for the potential apartment residents
The Comprehensive Land Plan identifies this area as single- family residential land use
characteristic which is defined as conventional detached dwellings. For areas proposed to
utilize a traditional neighborhood design, the single- family residential use may include a mix
of residential uses as well as limited commercial development to support the daily activities of
the development. In all single - family residential use areas, public and semi - public
development such as schools and churches are encouraged as neighborhood focal points.
By contrast, the Comprehensive Land Plan provides for a specific Multi - Family land use
characteristic in central Schertz which is generally located along Schertz Parkway between
Live Oak Road and Curtis Avenue as well as the intersection of Elbel Road and FM 3009.
These areas designated as the Multi- Family land use characteristic are most appropriate for
apartment and multi - family development in central Schertz.
The Comprehensive Land Plan provides land use policies to be utilized in implementing
goals, objectives and actions, and in reviewing zoning classification changes, variance
requests or amendments to the Future Land Use Plan. As described in these policies,
compatibility with existing uses should be maintained. Predominately the surrounding land
uses to the subject property are large lot single - family residential (R -1) to the south and
medium lot single - family residential (PDD) to the west. The existing zoning on the subject
property of Single - Family Residential District -1 (R -1) is the most compatible land use for the
subject property and is supported by the Comprehensive Land Plan.
The abutting large lot subdivision to the south and similar sites near this property on FM
3009, are currently developed with single - family residential adjacent to low intensity
commercial or adjacent to FM 3009. The adjacency of these uses has not created a negative
impact and does not require a transition use between the single - family residential and the low
intensity commercial use or the FM 3009 roadway. There is no need to transition from single -
family residential to the FM 3009 roadway or the limited commercial development supported
by the Comprehensive Land Plan in this area.
It is the opinion of Staff that this area is appropriately zoned as Single - Family Residential
District -1 (R -1) which is supported by the "single- family residential" land use designation
from the Comprehensive Land Plan. Staff recommends denial of this rezoning request. The
Planning and Zoning Commission conducted public hearings on July 13, 2016 and offered a
recommendation of disapproval by a majority vote of 6 opposed and 1 abstention. Staff
recommends disapproval of the zoning request.
Mayor Carpenter recognized Ms. Kim Murphy, representative for Royal American
Development and Mr. Reed Wilson who provided a PowerPoint presentation regarding the
proposed project.
Mayor Carpenter opened the public hearing and recognized the following who spoke against
the rezone:
08 -23 -2016 Minutes Page - 14 -
• Mr. Dean Weirtz, 4301 Monument Pass. Mr. Weirtz also presented Council with an
original petition for denial that was presented earlier to the Planning & Zoning
Commission.
• Mr. George Parker, 4517 Ridge Canyon Drive
• Ms. Shirley Tayler, 1112 Fawn Drive
• Ms. Debbie Kyrouac, 941 Forest Ridge Pkwy
• Ms. Cindi Broschat 1405 Circle Oak Drive
• Ms. Alice Pfeiffer, 4490 Brush Creek Dr.
• Mr. Jon Long, 6073 Covers Cove
• Mr. Eric Beam, 570 American Flag
• Ms. Barbara, Mansfield Gonzalez, 1012 Antler Drive
• Ms. Leigh Anna Murphy, 4505 West Fork Drive
• Mr. Michael Brown, 4516 Grand Forest Drive
• Mr. Michael Boyd, 905 Blue Forest Drive
• Mr. Kevin Polo, 4490 Brush Creek Drive
• Mr. Daniel Plant, 4720 Windy Woods Trail
• Mr. Jeff Womack, 2944 Mineral Springs
• Mr. Al Rix, 4504 Union Creek Drive
• Mr. Tim Morgan, 1116 Fawn Drive
• Mr. George Antuna, 3636 Woodlawn Farms
• Mr. Scott Larson, 312 Judith Ann Drive
• Mr. Glen Outlaw, 3729 Forsyth Park, against the rezoning but not affordable housing
• Mr. Mark Armantrout, 956 Blue Forest Drive
• Mr. David Richmond, 2921 Bent Tree Drive
• Mr. Bert Crawford, 4100 Brookhollow Drive
Mayor Carpenter recognized the following who spoke in favor of this item:
• Ms. Melissa Dugas, Regional Vice - President for Royal American Development, 600
E. Colonial Drive, Orlando, Florida
• Ms. Kim Murphy, Royal American Development, 600 E. Colonial Drive, Orlando
Florida
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Mayor Pro -Tern Edwards, Councilmembers Thompson and John
as well as himself who expressed their comments against the rezoning. Mayor Carpenter
recognized Councilmembers Fowler and Azzoz who expressed their comments regarding the
need for affordable housing and who were for the rezone.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem to deny Ordinance No. 16 -5 -25, first reading. The vote was 3 -2 -0 with Mayor
Pro -Tem Edwards, Councilmembers John and 'Thompson voting for denial and
Councilmembers Fowler and Azzoz voting no. Motion passed.
08 -23 -2016 Minutes Page -15 -
Mayor Carpenter recessed the meeting at 9:21 p.m. for a ten minute recess. Mayor Carpenter
reconvened the meeting at 9:41 p. m.
10. Ordinance No. 16 -S -27 - Conduct a Public Hearing and consideration and /or action
approving an Ordinance regarding an amendment of Part III, Schertz Code of Ordinances,
PH Unified Development Code (UDC) Article 9 Site Design Standards, Article 10 Parking
Standards and Article 14 Transportation. First Reading (B. James /B. James)
The following was read into record:
Mayor Carpenter recognized Executive Director Brian James who introduced this item stating
in 2012 the City of Schertz entered into an interlocal with the Schertz Cibolo Universal City
Independent School District (SCUCISD) to designate processes, procedures, and fee
structures to streamline delivery of certain government functions and services in an efficient
manner. This included provisions to allow alternative landscaping, tree preservation and
parking standards. Recently, Comal ISD has approached the City of Schertz about school site
design standards and is facing some of the same challenges experienced by SCUCISD that
prompted their interlocal agreement. Rather than have a series of interlocal agreements with
the various school districts within the City of Schertz, it was determined to be more
appropriate to amend the UDC to reflect the alternate design standards.
Generally, Article 9 Site Design Standards was developed with commercial and multi - family
uses in mind, not institutional uses like schools, colleges and universities. These uses often
have greater amounts of open space to accommodate play and recreation areas. The unique
requirements for site security and student safety are also unique to these uses. Buildings are
also designed with functionality and safety in mind, thus many schools built today differ
substantially from those built 40 or 50 years ago. Public school districts are also unique in
being built by another governmental entity and often school districts straddle multiple
municipalities.
As such, staff is proposing to modify the UDC to not require Section 21. 9.5 to apply to public
schools. While schools generally have a lot of glazing, this can be spaced unevenly across the
building. The gymnasium may not have any windows or example. The buildings tend to
exceed our requirements for articulation. Materials can also be an issue and as schools may
08 -23 -2016 Minutes Page -16 -
opt for a variety of materials to break up the monotony of the facade. These might include
metal and EFIS.
Landscaping can be problematic give the large sites schools occupy. In particular the
requirement for 9 trees per acres given the large lot size and the perimeter tree requirement.
The requirement for trees in parking areas and parking lot islands to minimize size issues in
areas where kids and cars may be. This is also the case with screening of vehicular areas.
A similar set of challenges arises with regard to screening and fencing. In many cases homes
that back to a school do not have any additional screening beyond the residential homes'
wood fences.
Tree preservation is often a problem because in order for districts to find a suitable size site
they have to select sites with challenges — trees, topography, etc. That creates a challenge in
saving trees. Additionally, the tree preservation ordinance allows for the use of tree mitigation
funds on school property.
These changes would simply be made in each section of article 9 that indicates: "Public
schools will not be required to comply with this section." This certainly allows the school
districts to better anticipate costs and to ensure greater uniformity of schools across municipal
boundaries, something that promotes equity and efficiency.
On August 10, the Planning and Zoning Commission met and recommended 5 to 1 to approve
the proposed amendment. Staff recommends that Council approve Ordinance 16 -5 -27
amending the UDC.
Mayor Carpenter opened the public hearing and as no one spoke closed the public hearing for
Council comments. No comments were provided.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor
Pro -Tem Edwards to approve Ordinance No. 16 -5 -27, first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Couneilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion passed.
11. Resolution No. 16 -I2 -67 — Consideration and /or action approving a Resolution authorizing a
Professional Services Agreement with Jackson A &E Associates Inc. (J. Kessel /B. James)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL i ; THE CITY OF f„ } i s4 i /' TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH JACKSON
t, x ASSOCIATES, r NF AND O i f i k MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated on November 8,
2011 the City entered into a contract for owner's representative services with Jackson .A &E
Associates, Inc., to provide third party owner's representative services for the multiple Capital
Improvement Projects including the playscape, soccer complex, baseball complex, Animal
08 -23 -2016 Minutes Page -17 -
Adoption Facility, and Aquatics Facility. The initial term of the agreement was for 12 months
and was extended on November 19, 2012, November 18, 2013 and November 18, 2014. This
resolution authorizes a new agreement for 18 months to allow for completion of remaining
Capital Improvements Projects including Fire Station #3, the Aquatics Facility, Fire Station #
2 exterior renovations, the Recreation Center repairs and other small miscellaneous renovation
projects.
The goal is to enhance the design process by developing uniform building standards,
developing clear project scope, identifying long term energy and maintenance opportunities,
and enhancing early design review to achieve value engineering without additional cost to the
design firm and ensure that appropriate construction testing and documentation services
occur. These services include extensive photo documentation of the project for future review,
written notices of violations and follow up documentation, and review of change order
requests for validity. Also, manage the warranty phase of the new facility to ensure the
construction firm completes all needed warranty work in a timely and complete manner.
Staff recommends approval of Resolution No. 16 -R -67 authorizing the City Manager to
execute a contract with Jackson A &E Associates, Inc., to provide owner's representative
services to the City of Schertz. The fiscal impact of the agreement is described in the attached
amendment to the Professional Services Agreement which includes a maximum cost of
services per month of $10,000. Staff recommends approval of Resolution 16 -R -67 authorizing
the City Manager to execute a contract with Jackson A &E Services, Inc., to provide owner's
representative services for the City of Schertz.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for an up -to -date projects
list from Jackson A &E. Executive Director Brian James stated that he would supply the
information to Council at the next meeting.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Fowler to approve Resolution No. 16 -R -67. The vote was unanimous with
Mayor Pro -Tem Edwards, Couneilmembers Fowler, Azzoz, John and Thompson voting
for and no one voting no. Motion passed.
12. Resolution No. 16 -R -68 — Consideration and/or action approving a Resolution adopting
Philosophy and Policy Statements as it relates to Roadway Stewardship and a Balanced
City. (J. Kessel /J. Kessel)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ADOPTING PHILOSOPHY AND POLICY STATEMENTS AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated during the July 29,
2016 City Council Mid Budget Retreat, discussions were held regarding adoption of
philosophy and policy statements as it relates to Roadway Stewardship and a Balanced City
approach. This philosophy resolution is similar to the Compensation Philosophy document
08 -23 -2016 Minutes Page -18 -
Council approved last year that helped prioritize how to balance implementing the market
study in as fair and effective manner as possible. This resolution is intended to help do the
same for roadway maintenance funding.
Implementing a Roadway Stewardship philosophy will help to effectively spend scarce
roadway funds in order to maximize the benefits to the entire City, as well as communicate a
clearer plan to our community about how we intend to manage our roadway maintenance.
Also, by following this philosophy, it will be able to aide in the decision making of which
road, which repair, who to do it, and when to do it.
Additionally, City Council recognized the need to keep in mind the many important factors
that affect our City when prioritizing funding for roadways. By establishing a series of policy
statements to help the City work toward this Balanced City approach, it will help accomplish
this task in an open and transparent manner.
City Council and Staff agreed to bring forward a resolution acknowledging support and
provide transparency. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 16 -R -68. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson
voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 12.
Mayor Carpenter moved to the request and announcement section of the agenda.
Requests and Announcements
15. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were made.
16. 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 stated that a resident had complained about the speeding of heavy trucks and
the 18- wheeler traffic on FM 482 and requested that public safety take a look at the situation.
08 -23 -2016 Minutes Page -19 -
17. 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
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked The Chamber President
Maggie Titterington and her staff for the success of the recent Senior Boogie Night event.
Mayor Carpenter recognized Councilmember Fowler who stated tomorrow he will be meeting
with the Alamo Area Development Council and the ACCOG people to see what the AA-DC is
going to be doing.
Mayor Carpenter recognized Councilmember Azzoz who stated he left a flyer in the foyer
regarding a fundraiser that will be held at his business parking lot to assist a local 8 year old
girl's family with her medical expenses.
Mayor Carpenter recognized Councilmember Thompson who wanted to mention that when
new businesses come into the city and The Chamber hosts a Ribbon Cutting for them, it
makes a big impression to the new business owners when city officials attend. He encouraged
his colleagues to attend as many as possible to help make them all feel welcomed and honored
to be in the City of Schertz.
Executive Session
Mayor Carpenter recessed the regular meeting at 9:56 p.m. into executive session under the following
sections:
13. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received from
a business prospect that the governmental body seeks to have locate, stay, or expand in or near
the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or other
incentive to a business prospect.
® Project E -023
14. City Council will meet in closed session under Texas Government Code Sec. 551.071,
Consultation with Attorney and Sec. 551.074. Personnel matters to hear a complaint against
the Mayor.
Reconvene into Regular Session
08 -23 -2016 Minutes page - 20 -
Mayor Carpenter reconvened back into the regular session at 10:37 p.m.
13a. Take any necessary action based on discussions held in closed session under Agenda Item
number 13.
No Action taken.
14a. Take any necessary action based on discussions held in closed session under Agenda Item
number 14.
No Action taken.
Mayor Carpenter recognized Mayor Tom Daly from the City of Selma who was in the audience this
evening.
.ti T _ T ri erg r I
Mayor Carpenter adjourned the meeting at 10:38 p.m.
Brenda Dennis, City Secretary
08 -23 -2016 Minutes page - 21-
.ichael R. Carpenter, Mayor