12-13-2016 MinutesMINUTES
REGULAR MEETING
December 13, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
13, 2016, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building 94, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Mark Davis
Councilmember Robin Thompson
Councilmember Bert Crawford
Councilmember Scott Larson was absent.
Staff Present:
Executive Director Brian James
Assistant to the City Manager Sarah Gonzalez
Deputy City Secretary Donna Schmoekel
Call to Order — City Council Regular Session
Mayor Pro -Tern Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember Angelina Kiser
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Charles Zech
Mayor Pro -Tem Edwards called the meeting to order at 6:03 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Mark Davis)
Councilmember Mark Davis 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/S. Gonzalez)
Mayor Pro -Tem Edwards recognized Assistant to the City Manager Sarah Gonzalez who
provided the following announcements:
Thursday, December 15, Chamber Mixer — Ugly Sweater Party, Hosted by Texas State
Optical in Schertz, 17460 IH35 North, Suite 412, 5:30 p.m. -7:00 p.m.
Monday, December 26, City Offices Closed for Christmas.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Edwards recognized City Manager John Kessel who said the City hosted
some CPR and First Aid training classes a few months ago. Two examples of this have
already been put to good use. Officer Daniel Trevino and Officer Amanda Cato responded to a
medical call for an unconscious gentleman and resuscitated him with an AED and he was
subsequently transported to a local hospital.
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Also, this morning our Building Official Gil Durant assisted at a traffic accident on IH -10
near Seguin while he was on the way to work. He credited his decision to stop and help due to
the recent training he had received.
Mayor Pro -Tem Edwards noticed that all the speakers on the list were signed up to speak on specific
items on the agenda tonight and asked if they wished to wait until we got to those items. They all
agreed to speak during those times of item discussion.
Mayor Pro -Tem Edwards moved to the Workshop Item.
Workshop
Discussion of the Moratorium in Southern Schertz - Discussion and update regarding the
moratorium in Southern Schertz. (B. James)
Mayor Pro -Tem Edwards recognized Executive Director Brian James who said the
moratorium (on new development applications) was imposed back in August 2016. This was
done based on a lack of fire protection service in the southern Schertz area. Over a year ago a
bond measure was passed for a new public safety facility in southern Schertz.
Mr. James provided a map showing the area affected. The moratorium applies to properties
that had not come into plat yet. This allowed us to not take new subdivision plat applications
and allow us not to take new building permit applications. Initially, the moratorium was
applied to a fairly large area – generally north of IH -10, west of FM 1518, south of slightly
north of Lower Seguin Road and all the way over to our city limit boundaries on the west side.
A few things have since occurred in regard to fire protection. We opened up to solicit for a
Construction Manager at Risk so they can begin working early on with the new fire station
design architect. We have also gone out and tried to pin down the location for it. In early
January we hope to start the process for securing a new fire truck —a process that can take as
much as a year. The other item to focus on is to close on the selected property site.
Another factor is that as little as over a year ago, we were operating under the previous Joint
Land Use Study (JLUS) for Randolph Air Force Base. The City participated in this study with
Randolph to look at the impacts of the base and what the surrounding cities needed to do to
ensure that the development in the area was compatible. We have to consider what activities
and development are going to occur relative to RAFB.
We still have steps to take in the plan to be comfortable with it. He feels we can come back
and narrow the focus of the moratorium to the areas within the APZ's, the clear zones and
then the areas in between that. When we tentatively come back in a week, we are looking to
modify the moratorium but also extending that and allowing some of the areas to pull out of
the moratorium. He provided a few examples of what cases might be presented to the city.
Mayor Pro -Tem Edwards moved to the Hearing of Residents section.
Hearing of Residents
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® Mr. Herman Harlohs, 11564 Ware Seguin Rd, who said they have been having issues since
the 1980's with medical or fire emergencies because no one said they could service their area.
He hopes Schertz can get the fire station built soon. In regard to the bridge on Lower Seguin
Rd and Cibolo Creek, Schertz needs to take into consideration if the county or Cibolo can help
pitch in to handle the cost.
Mayor Carpenter arrived on the dais at 6: 23 p.m.
® Mr. John F. Stewart, 132 W. Hollywood, San Antonio, TX, who said he appreciates the
progressive thinking of Schertz. His family properly is on the outer edge of the area in the
moratorium. The things Schertz is trying to avoid are also what they are trying to avoid. They
want to offer something to the community you would be proud o£
® Mr. John B. Stewart, 113 Cherokee, San Antonio, TX, who said that their family property is
on the extreme western edge at Greytown Road; they have 223 acres. They don't see why they .
should be exposed to the moratorium at all, given the reason for it. They had just signed a
contract with a developer and were surprised to hear of the moratorium being in place. He is
unsure of the timing when Schertz will release it, but it can't be too soon for them. They
would like to be excluded as soon as possible.
• Mr. Blake Yantis, 12018 Indigo Bend, San Antonio, TX, who said he is the developer in
regard to the above mentioned property; they have a contract with the Stewart family. They
hope to work with city staff and council to work out a layout and land plan. They are in the
early stages of this —they are probably 15 months away from getting the first lot on the
ground for delivery to a homebuilder. They would appreciate being excluded from the
moratorium.
Mayor Carpenter said he understands from Mr. Kessel and Mayor Pro -Tem Edwards that we
are in a convened public hearing so if anyone else would like to speak on this item, he invites
them to the podium to do so.
® Ms. Maria Kutza, 11634 Ware Seguin Rd, who said they just signed their loan to build a
house on their land and they only have a twelve month time frame to build it. They would
like to have a waiver from the moratorium to meet the deadline.
As there were no other speakers, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized Executive Director Brian James who said as a City they felt they
needed to move further along with the plan to get fire protection for the southern area of Schertz.
They feel they can make some modifications and come back next week and extend the
moratorium to let them narrowly focus on the area but not unnecessarily hold some folks up. Mr.
James remained available to answer questions from council.
Discussion and Action Items
1. Minutes – Consideration and/or action regarding the approval of the minutes of the Special
Retreat Meeting of December 2, 2016 and the Regular meeting of December 6, 2016. (J.
Kessel/B. Dennis)
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Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve the minutes of the Special Retreat Meeting of
December 2, 2016 and the Regular meeting of December 6, 2016. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser
and Crawford voting for and no one voting no. Councilmember Larson was absent.
Motion passed.
2. Resolution No. 16 -R -89 — Consideration and/or action approving a Resolution authorizing
the City Manager to enter into an Agreement with Cibolo Creek Municipal Authority for
the installation of a leased pre - packaged sewer treatment plant to expand waste water
treatment capacity at the Woman Hollering Treatment Plant. (D. Wait /J. Hooks)
The following was read into record:
RESOLUTION NO. 16 -R -89
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
CIBOLO CREEK MUNICIPAL AUTHORITY FOR THE INSTALLATION OF A
LEASED PRE - PACKAGED SEWER TREATMENT PLANT TO EXPAND WASTE
WATER TREATMENT CAPACITY AT THE WOMAN HOLLERING TREATMENT
PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Dudley Wait who said on October 25, 2016
City Council authorized the City Manager to enter into a lease agreement for a pre - packaged
waste water treatment plant to double the capacity of the temporary Woman Hollering Creek
Treatment Plant. This temporary plant was installed in 2006 to service the area now known as
Crossvine until a permanent waste water treatment plant could be constructed on Trainer Hale
Road.
Due to the pace of development in Crossvine it has become necessary to expand this treatment
capacity and Council approved leasing a 2nd pre - packaged waste water treatment plant to take
capacity from 46,000 gallons a day to 92,000 gallons a day.
The company supplying the leased pre - package plant will be ready to deliver this equipment
very soon. Our waste water partner, Cibolo Creek Municipal Authority (CCMA) is prepared
to conduct the necessary site work and infrastructure installation needed for the plants arrival.
CCMA is the current operator of the Woman Hollering Treatment Plant and will continue
operations after the plant expansion is complete.
The attached Inter -local Agreement (ILA) will authorize CCMA to do the necessary
improvements for the installation of the leased plant and the total costs incurred will be
reimbursed to CCMA by the City.
The fiscal impact of this work by CCMA will be approximately $40,000. Although this cost
was not budgeted, the Sewer enterprise fund has a contingency fund of $180,000 and the cost
for this necessary work will come from this fund. The Sewer enterprise fund is completely
funded by users of the City's wastewater system.
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Staff recommends approval of the attached Resolution authorizing the City Manager to enter
into this Interlocal Agreement with the Cibolo Creek Municipal Authority for the site work
and improvements necessary for the successful installation of the leased pre - packaged waste
water treatment plant serving the Crossvine development
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Crawford to approve Resolution No. 16 -R -89. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser
and Crawford voting for and no one voting no. Councilmember Larson was absent.
Motion passed.
3. Ordinance No. 16 -T -40 — Consideration and/or action approving Ordinance No. 16 -T -40
authorizing a budget adjustment to fund the demolition and replacement of the bridge at
Lower Seguin Road and Cibolo Creek. First Reading (D. Wait/D. Letbetter)
The following was read into record:
ORDINANCE NO. 16 -T -40
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE DEMOLITION AND
REPLACEMENT OF THE BRIDGE AT LOWER SEGUIN ROAD AND CIBOLO
CREEK; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Executive Director Dudley Wait and Public Works Manager
Doug Letbetter who said in June, 2016 it was discovered that the low water crossing on Lower
Seguin Road where it crosses the Cibolo Creek was structurally unsound. This low water
crossing is at the city limits of Cibolo and Schertz and is at the Bexar and Guadalupe County
Lines. The crossing closed on June 28 and work began on alternatives to replace this low
water crossing. After two meetings with the City of Cibolo, Guadalupe County and Bexar
County representatives, it has been agreed that the most cost effective solution is to replace
the current structure with a new structure constructed of two 4' X 3' drainage boxes. This
project will provide improvements to the low water crossing by increasing the water flow
capacity from 105 cubic feet per second (cfs) to 155 cfs and increase the roadway width from
approximately sixteen feet to twenty two feet. This will increase the safety of the traveling
public as they meet each other at the crossing. Although not a tremendous improvement in
flow, this new structure will result in fewer closures of this low water crossing.
Due to the usage of this crossing by commuters on a daily basis from both Cities as well as a
route for SCUCISD students and staff to reach Corbett Junior High both Cities are taking on
the commitment to replace this crossing. Both counties have made a verbal commitment to
assist with this replacement; however, those written agreements are still in negotiations.
The estimated cost of replacement is $440,000 and both Schertz and Cibolo will share this
equally. Any other support from our county partners will equally reduce the total of which
each City is responsible. Prior to entering into an inter -local agreement a budget adjustment
must be accomplished by ordinance.
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The expected total cost of the project is approximately $440,000. The final design and
construction costs are unknown until the project is bid. As a result, Staff is recommending a
10% contingency be included with this budget adjustment for an overall total of $484,000.
This project will be funded from the Schertz Drainage Fund Balance that has a $939,271
balance as of September 30, 2016. No fee increase or change in the FY 2016 -17 Operating
Budget will be necessary.
Staff recommends that the City Council approve the budget adjustment of $484,000.00 for the
funding of the Lower Seguin Rd. Bridge project, Ordinance No. 16 -T -40 on first reading. The
City will be taking the lead on this project with Cibolo and any other partners reimbursing the
City for costs expended per inter local agreements currently under negotiation. Mr. Wait and
Mr. Letbetter addressed questions and comments from Council.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 16 -T -40, first reading. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
Thompson, Kiser and Crawford voting for and no one voting no. Councilmember
Larson was absent. Motion passed.
4. Resolution No. 16 -R -90— Consideration and/or action approving a Resolution authorizing
EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjustments and Schertz
Magazine Debt Revenue Adjustments for certain inactive outstanding accounts receivables.
(J. Walters /J. Mabbitt/R. Rosales /L. Klepper)
The following was read into record:
RESOLUTION NO. 16 -R -90
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT
REVENUE ADJUSTMENTS, AND SCHERTZ MAGAZINE DEBT REVENUE
ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING ACCOUNTS
RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Acting Finance Director James Walters who said in the EMS,
Utility Billing, and Magazine functions, services are provided to customers up front and
billing is settled later. Due to the fact that services are provided before receiving payment,
inevitably the City has customers that do not pay for the services provided.
When this occurs, staff reaches out to the customer to try to collect the outstanding payment
including follow up notices and phone calls to try and reach out to the customer to remind
them of the outstanding balance and encourage payment. However, the longer the customer
account goes without a payment the less likely that any payment will be received.
Once a customer account reaches 180 days without payment, Staff brings those accounts to
the City Council to be "written off'. This process is an accounting procedure following the
Generally Accepted Accounted Principles (GAAP), which lays the framework of accounting
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practices in the U.S. This designation means it is unlikely those outstanding balances will ever
be collected. This leads to an accounting adjustment on the City's Financial Statements to
accurately show how much is still outstanding and is reasonable to expect collection.
If a customer's account has been written off, this does not erase or forgive that debt. The city
can and does collect some portion of the amount owed by those customers. This can be
through the debt collection agency used by EMS or if the customer returns to the City and
requests new services through the Magazine or Utility Billing. Staff is in the process of
exploring best practices to that can lead to lower write offs going forward.
The resolution authorizes the debt for these areas that is more than 180 days outstanding as of
November 30, 2016 to be written off. These write offs come before council quarterly and last
came before council on July 26`, 2016.
This accounting adjustment will not affect the City's Budget or financial standing. The
amount written off is estimated during the budget process and is accounted for in the revenue
estimations and the bad debt expense accounts. The action taken tonight will reduce the
amount shown as owed to the City by $1,013,972.89 and set it equal to the amount seen as
still reasonably collectible. The breakdown is as follows:
EMS - $979,547.74 Utility Billing - $28,625.15 Magazine - $5,800.00
Mr. Walters introduced EMS Director Jason Mabbitt, Business Office Assistant Manager
Rodolfo Rosales, and Public Affairs Director Linda Klepper who each spoke individually and
provided council with a brief explanation of their department's revenue /debt processes and the
accounting figures on the amounts to be written off for this past fiscal year. The speakers
remained available answering questions and addressing comments from council.
Note: Mayor Carpenter pointed out that the agenda item reads correctly and the resolution
that is approved will have to be corrected to read as presented on the agenda which includes
the debt revenue for utility billing and the Schertz Magazine.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Davis to approve Resolution No. 16 -R -90. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser and
Crawford voting for and no one voting no. Councilmember Larson was absent. Motion
passed.
5. Resolution No. 16 -R -92— Conduct a Public Hearing and consideration and/or action
approving Resolution accepting a petition by Cibolo Creek Municipal Authority for
PR voluntary annexation of approximately 63 acres of land, located at 7424 Trainer Hale Road,
Bexar County, Texas. (B. James/L. Wood/B. Cox)
The following was read into record:
RESOLUTION NO. 16 -R -92
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A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS
ACCEPTING A PETITION FOR VOLUNTARY ANNEXATION WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF SCHERTZ
Mayor Carpenter recognized Planner I Channary Gould who said in 2010 the City of San
Antonio released 3,486 acres of its Extraterritorial Jurisdiction (ETJ) to the City of Schertz.
City Council accepted the area into the City of Schertz ETJ and started the annexation
proceedings. The annexation proceedings that followed in 2011 were involuntary annexations
that required the City go through specific proceedings involving notification requirements and
public hearings in order to annex the properties into the City corporate limits. As part of the
annexation proceedings a majority of the parcels located within the released area signed
delayed annexation development agreements with the City in accordance with Texas Local
Government Code (LGC) Section 43.035 and 212.172. The subject property has an executed
delayed annexation development agreement with the City of Schertz.
Annexation of land into the City's corporate limits may be voluntary or involuntary. Each
type has LGC requirements that identify the necessary process based on the annexation type.
The City's Unified Development Code (UDC) Section 21.4.8 includes provisions that apply to
requests for voluntary annexation meeting certain criteria. This section of the City's UDC
includes provisions for processing of voluntary annexation requests.
Cibolo Creek Municipal Authority (CCMA) has submitted a petition for voluntary annexation
to the City of Schertz for an approximate 63 acre tract of land. The subject property is located
approximately 600 feet north of I -10 and is located in Bexar County Texas, at 7424 Trainer
Hale Road. Currently, the subject property is in the Extraterritorial Jurisdiction (ETJ) of the
City of Schertz and within the Schertz- Cibolo- Universal Independent School District
boundaries. Due to the petition for voluntary annexation meeting criteria outlined in LGC
Section 43.028, certain elements of UDC Section 21.4.8 do not apply. For example, UDC
Section 21.4.8.C.4 requires an annexation service plan. However, voluntary annexations that
are subject to LGC Section 43.028 do not require an annexation service plan for solely the
subject property being annexed.
CCMA requested annexation of the adjacent property to the north (approximately 69 acres at
7720 Trainer Hale Rd.), which was annexed in 2015 by Ordinance 15 -A -01. CCMA is
planning on constructing a waste water treatment plant on the southern tract that is the subject
site of the current petition for voluntary annexation and use most of the northern tract that was
annexed in 2015 as a natural buffer.
Upon City Council accepting CCMA's current petition for voluntary annexation of the
approximate 63 acres, it would initiate the process to annex and zone the property. The
adoption of this resolution accepting the petition for annexation from CCMA does not annex
the subject property, but allows for City Council to annex the property by ordinance in the
future. A subsequent ordinance for annexation must be approved by City Council to annex the
property. CCMA has also requested to zone the subject property, upon annexation, Public Use
District (PUB) which is intended to identify and provide for land owned or may be owned by
the City, County, State or Federal Government or the School District; land that has been
dedicated to the City for public use such as parks and recreation, and land designated and
dedicated to the City as a greenbelt.
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A courtesy public hearing notice was published in "The Daily Commercial Recorder" on
December 9, 2016. The approval of Resolution 16 -R -92 accepting a petition for voluntary
annexation does not have a financial impact on the City; however, the end annexation of the
property will. In accordance with Texas Local Government Code (LGC) Chapter 43, the City
must provide services to the land on the effective date of the annexation. While some services
are provided to the subject property through inter -local agreement the City of Schertz must
provide police protection, fire protection, emergency medical services, operation and
maintenance of streets, solid waste collection and sewer service. Water service is provided by
Green Valley Special Utility District.
Staff recommends approval of Resolution 16 -R -92 accepting a petition for voluntary
annexation. Ms. Gould remained available to answer questions from Council.
Mayor Carpenter stepped away from the dais at 7:23 p. m.
Mayor Pro -Tern Edwards opened the public hearing for comments. As there were no speakers,
Mayor Pro -Tem Edwards closed the public hearing and opened it up for council discussion.
There were no comments or questions from council.
Mayor Pro -Tem Edwards recognized Councilmember Thompson who moved, seconded by
Councilmember Crawford to approve Resolution No. 16 -R -92. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser
and Crawford voting for and no one voting no. Councilmember Larson was absent.
Motion passed.
Mayor Pro -Tem Edwards recognized City Manager John Kessel who stated he just wanted to
mention that both Planner I Channary Gould and Planner I Emily Grobe, as of yesterday,
received notice that they both passed their tests to become Certified Flood Plain Managers.
This will be a huge asset in the Planning Department with them being able to help review
plans. Per Senior Planner Bryce Cox, 100% of the staff in the Planning Department now has
this certification. Mr. Kessel expressed his congratulations to all of them.
6. Ordinance No. 16 -S -39 — Conduct a public hearing and consideration and/or action
PH approving an Ordinance on a request for a specific use permit and associated site plan to allow
a Convenience Store with Gas Pumps on an approximate 1 acre site located at 17601 Four
Oaks Lane. First Reading (B. James/L. Wood/C. Gould)
The following was read into record:
ORDINANCE NO. 16 -S -39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A
CONVENIENCE STORE WITH GAS PUMPS AT 17601 FOUR OAKS LANE,
SCHERTZ, GUADALUPE COUNTY, TEXAS
Mayor Carpenter recognized Planner I Channary Gould who said Murphy Oil USA, Inc. is
requesting approval of a Specific Use Permit and associated site plan to allow a convenience
store with gas pumps on approximately 1 acre of land located at 17601 Four Oaks Lane and
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more specifically described as Lot 9, Block 1 of the Murphy USA #7186 -Wal -Mart #3391
Subdivision. The proposed development includes a 1,200 square foot convenience store with
sixteen (16) gas pumps. The subject property is currently developed as a Murphy Oil USA
fueling station and the owner is proposing the same use that currently exists at the site. The
proposed project would involve demolishing the existing structures and redeveloping the site
with a new building, canopy, and accessory equipment. Redeveloping the site requires a new
specific use permit. Access to the site will be through two existing shared driveways off Four
Oaks Lane. The subject property is currently zoned General Business II (GB -2).
The City's Unified Development Code (UDC) includes Table 21.5.8 Permitted Uses, which
identifies different land uses that are permitted within each zoning district. The General
Business 11 (GB -2) zoning district permits convenience stores with gas pumps, subject to
approval of a Specific Use Permit. Specific Use Permits allow for discretionary approval by
City Council for uses with unique or widely varying operating characteristics or unusual site
development features. Approval of a Specific Use Permit authorizes a property owner to
submit subsequent development applications.
On October 26, 2016 the Planning & Zoning Commission recommended approval of the
Specific Use Permit. Public hearing notices were published in the Daily Commercial
Recorder on November 23, 2016 and in the Herald on November 30, 2016. Prior to the
Planning & Zoning Commission meeting, eight (8) public hearing notices were mailed to
surrounding property owners and no responses were received.
It is the City's desire to promote safe, orderly, efficient development and ensure compliance
with the City's vision of future growth.
IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is
adjacent to an existing fast food restaurant with a drive -thru immediately to the west, existing
retail uses to the immediate south, existing retail uses to the north across Four Oaks Lane, and
a parking lot for the existing Wal -Mart store to the west. 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 sixteen (16) gas pumps (Murphy Oil) 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, facade
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
include brick and stucco finish with the front facade consisting of 38% windows and doors.
Additionally, the building complies with the vertical and horizontal articulations on all
required walls.
• Parking: The project includes 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 vacuum pad, ice units and propane tank storage
are located on the south side of the property and will be screened by proposed vegetation and
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by the proposed convenience store. 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. Four existing oak trees will remain and a Texas Redbud is
proposed along Four Oaks Lane, which complies with the required ratio of one (1) tree per
fifty (50) feet along Four Oaks Lane. Six (6) additional shade trees will be planted along the
southern property line and an existing oak tree along the easterly property line will remain.
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 that currently
exist off Four Oaks Lane. Both drive isles exceed 30 feet in width to allow for two -way
traffic. A twenty -five foot fire lane is proposed on the property allow for emergency vehicle
access.
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 building permit is approved within one year of the adoption of the SUP ordinance;
and
a. The use begins operation within two years of the issuance of the necessary
building permit(s).
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 October 26, 2016 and
offered a recommendation of approval. Staff recommends approval of the Specific Use Permit
request.
Mayor Carpenter returned to the dais at 7:39 P.m.
Mayor Carpenter opened the public hearing and recognized the following individuals who
spoke:
• Mr. Bassani Ziada, 3100 N. Verona Lane, Fayetteville, AR, (representing
Murphy Oil), who said they plan on demolishing the existing building on the
property and constructing a 1200 square foot building. They will have an
environmental firm on hand to ensure they are in compliance with TECQ. They
are available tonight to assist with any questions from Council.
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As there were no other speakers, Mayor Carpenter closed the public hearing and opened up -
discussion for Council.
Ms. Gould and Mr. Ziada addressed comments and questions from Council.
Mayor Carpenter stated that if council makes a motion to approve the ordinance, if you would
make that motion and reference the conditions that were noted by staff and brought forward
by the Planning and Zoning Commission as being conditions that are held in our approval,
that would be great.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 16 -S -39, first reading with the two
conditions that were noted by staff and brought forward by Planning and Zoning. The vote
was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez,
Thompson, Kiser and Crawford voting for and no one voting no. Councilmember
Larson was absent. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who provided the roll call
votes for agenda items 1 -6.
Mayor Carpenter recessed the meeting at 7:39 p.m. for a six minute break so that Council could
move to the conference room for the Councilmember Orientation.
Mayor Carpenter reconvened at 7:50 p.m. in the conference room.
10. Councilmember Orientation - Information and discussion regarding Employee Engagement
Overview, Class & Comp Study /Compensation Philosophy, Budget Model Overview (Three
Circles, Five Year Forecast, Thirty Year Bond Capacity, Reserve Fund, Annual Audit).
Mayor and Council were provided orientation briefings regarding the following topics:
• Employee Engagement Overview — information provided by Assistant to the City
Manager Sarah Gonzalez.
• Class & Comp Study /Compensation Philosophy — information provided by HR
Director Jessica Kurz.
• Budget Model Overview (Three Circles, Five Year Forecast, Thirty Year Bond
Capacity, Reserve Fund, Annual Audit) — information provided by Acting Finance
Director James Walters.
Mayor and Councilmembers returned to the dais at 9:13 p.m. Mayor Carpenter moved to agenda
Item No. 7.
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
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• New Departmental initiatives
No further announcements were made.
8. 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 Crawford who asked Executive Director Brian
James if on the CCMA stuff, when could we have another briefing on when they are going to
have the package plant there? Per Mr. James, it will be scheduled.
Mayor Carpenter recognized Councilmember Davis who said earlier when Mr. James was
speaking about looking for a construction manager at risk for the new fire station and other
projects, what other projects was he referring to? Could we have an update on what projects
we are specifically talking about? An e -mail would be fine. Mr. James said they can provide
that in writing in next week's packet and he can also speak with him after this meeting.
9. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Mayor Carpenter recognized Councilmember Thompson who said he was asked to attend the
PFIA (Public Fund Investment Act) training last week. He feels this will help him in his role
on the Audit and Investment Committee on which he currently serves.
Mayor Carpenter recognized Councilmember Crawford who said last week he went to the
County Commissioner's court and spent time trying to find out how package plants work.
Adiournment
Mayor Carpenter adjourned the meeting at 9:16 p.m.
Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
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