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04-04-2017 MinutesMINUTES REGULAR MEETING April 4, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 4, 2017, 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: Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charles Zech Absent: Mayor Michael Carpenter Mayor Pro -Tem Cedric Edwards Call to Order — City Council Regular Session Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait City Secretary Brenda Dennis Councilmember Thompson 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. (Minister C.D. Peterson, Resurrection Baptist Church) As Minister Peterson was absent Council Member Gutierrez provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Councilmember Thompson stated as a reminder, if there are any students present who wish to sign up for the Hal Baldwin Scholarship, the sign -up sheet is on the table out in the foyer. Recognition and Presentation ® Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor /Council/Executive Management) Councilmember Thompson stated we had a great day today as we had the Student Mayors and Student Councilmembers for the day. They were able to participate in a mock City Council meeting training session and we would like to introduce them. Councilmember Thompson introduced the following students: Student Mayors — Dobie Jr. High, 8th Grade Zoe Gamboa and Corbett Jr. High, 8th Grade Griffm Matthys Student Councilmembers — Dobie Jr. High, 7th Grade Zaryah Wray and Corbett Jr. High, 7th Grade Alexandra Hickok 4 -04 -2017 Minutes Page - 1 - Councilmember Thompson recognized each student who provided information on what they had learned. Councilmembers congratulated the students for their interest and participation and each one received a certificate and plaque commemorating the event, presented by all members of Council present and City Manager John Kessel. Councilmember Thompson thanked Councilmembers Gutierrez and Larson who participated today with the students, as this was a great learning experience. Presentation ® Presentation regarding donations to the Animal Services Department. (D. Wait /M. Harris /S. O'Brien) Councilmember Thompson recognized Animal Services Manager Shanna O -Brien who introduced student Emil Worley and her mom. Ms. O'Brien explained that this is Emily's second year in selling T- Shirts to raise funds for the Animal Services Department. Emily explained that this is the third year "Raise the Wolf' sold T- shirts. Emily presented the Animal Services Department with a check in the amount of $450.29. Councilmembers congratulated Emily on her project and asked that next time she let them know where to go to participate. Proclamations • National Crime Victims Week (Nicole Douglass) • Sexual Assault Prevention and Awareness Month (Nicole Douglass) • Child Abuse Prevention Month (Nicole Douglass) Councilmember Thompson recognized Police Department Regional Crime Victim Liaison Nicole Douglass who introduced members present from the various organizations. Councilmember Thompson read and presented each organization with a proclamation. Ms. Christi Williams spoke regarding the pinwheels that have been displayed throughout the city representing the number of child abuse cases. Ms. Williams thanked the City for their continued support. Ms. Williams stated that April 7th is Go Blue Day and asked everyone to wear blue that day to support child awareness of neglect and awareness. Ms. Williams also stated that on May 4th they will be hosting a Schertz Designer Purse Bingo fundraiser at the K C Hall and sponsorships are still available; tickets are all sold out but if you wish to have a ticket please get on the waiting list. Councilmember Thompson recognized Mr. Tim Judkins, Case Work Supervisor with CASA Central serving Guadalupe, Hays, Comal and Caldwell Counties who came up and provided information on how citizens can get involved in the local CASA program in Guadalupe County. They welcome any volunteers. Councilmember Thompson called for a brief break at 6:31 p.m. Councilmember Thompson reconvened the meeting at 6:34 p.m. 4 -04 -2017 Minutes page - 2 - New Employee Recol4nition • Public Affairs — Marketing & Communications Specialist Devan Flores. (S. Gonzalez/L. Klepper) • Public Works — Water & Wastewater Serviceman 1 Anthony Jimenez. (D. Wait /J. Hooks/D. Letbetter) Councilmember Thompson recognized Public Affairs Director Linda Klepper and Assistant Public Works Director Jimmy Hooks who provided a brief bio on their respective new staff members and introduced them to Council. Each employee was given a chance to say a few words and Council welcomed them both on board. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez) Councilmember Thompson recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: • Wednesday, April 5 Military Affairs Committee (MAC) Meeting Chamber Conference Room 11:30 a.m. -12:30 p.m. Contact the Chamber for more information at extension 1950. • Friday, April 7 and Friday May 12 TML Lel4islative Update Webinars, 10:30 -11:30 a.m. Administrative Conference Room, Bldg 2. No need to register for the webinars, just submit your RSVP to Brenda x 1030 or Donna x 1031. • Saturday, April 8 JBSA Retiree Appreciation Day, Randolph Kendrick Club 8:15 a.m. — Noon Celebrate retirees and spouses of all services. Visit with friends. Tricare, Association of the Army, Casualty Texas Veterans Commission and many more vendors present. • Saturday, April 8 Movie in the Park — Field of Dreams Schertz Ball Park 6:00 PM — 10:00 p.m. kids' crafts and the movie begins at sunset will be available. • Tuesday, April 11 City Council Meeting, 6:00 p.m. Fun begins at 6:00 pm with hayrides, baseball . Bring your blankets and chairs. Concessions • Thursday, April 13 Northeast Partnership MeetinIz Olympia Hills Golf and Conference Center, 11:30 p.m. 4 -04 -2017 Minutes page - 3 - ® Thursday, April 13 Ribbon Cutting for Murphy USA FM 3009 & Elbel Road, 4:00 p.m. ® Thursday, April 13 Community Volunteer Fair, 5:30 -7:00 p.m., Schertz Civic Center ® Saturday, April 15 Easter in the Park Pickrell Park — Registration begins at 9:30 a.m. Appearance by the Easter Bunny, games and an egg hunt. Free vision screening for children available. ® Saturday, April 15 Home Grown Saturday's 9001 Hollering Vine, Noon to 3:00 PM Hosted by The Crossvine - Month of April is to celebrate "All Things Community ". ® Announcements and recognitions by City Manager (J. Kessel) Councilmember Thompson recognized City Manager John Kessel who stated he wanted to brag on the B Shift of the Fire Department who responded to a vacant house fire on Sunday. Mr. Kessel also thanked the City of Cibolo and Universal City who also assisted in the response. HearinI4 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. Councilmember Thompson recognized the following who spoke against the proposed amendment to the Schertz Comprehensive Land Plan and Future Land Use Plan change for Randolph. Some of the concerns expressed were: ® Not against the mission of Randolph 4 -04 -2017 Minutes Page - 4 - • Against the 1 -20 and 1 -10 houses per acre • confusion regarding the JLUS study • negative impact should a natural disaster occur and enable them to rebuild • noise contours, • confusion on what they can and cannot do on their properties • concern on property values • stakeholders were not involved in the JLUS Study • give property owners a voice • not use a broad stroke of a brush for the areas • have staff get with stakeholders to narrowly tailor this area so not to diminish their property rights • if Randolph is concerned then why don't they purchase the properties • need to reconsider the Planning & Zoning's recommendation, • citizens are confused if they can build on their lots • why is the City not concerned with the Crossvine Schertz Forest and others if there is danger in bird strikes etc. • bird strikes area concern for all the citizens in that area should an aircraft go down • information is needed for clarification and several issues that are unclear • and many other concerns expressed ® Ms. Stacy Padgett, 12120 Ware - Seguin Road ®- Mr. Chuck Padgett, 12120 Ware- Seguin Road ® Ms. Jill Sievers, 11804 Ware - Seguin Road ® Mr. W. R. Bruce, 12700 Ware- Seguin Road ® Ms. Loretta Strub, 6265 Pfeil Road ® Mr. Bob Cantu, 2512 Jan Adams, who also owns property in the area a Mr. Keith Van Dine, 6147 Pfeil Road, also complained on the condition of Pfeil Road ® Mr. Glen Ristow, 11965 Ware - Seguin Road ® Mr. John Bierschwale, 11409 Ware- Seguin Road ® Mr. Jeremy Ward, 6975 Pfeil Road ® Mr. Ron Noll, 6975 Pfeil Road ® Mr. Jose Garcia, 11413 Ware - Seguin Road ® Ms. Christy Van Dine, 6147 Pfeil Road 4 -04 -2017 Minutes Page - 5 - ® Ms. Betty Greenwood, 6407 Pfeil Road ® Mr. David Recknagel, 12224 Ware- Seguin Road ® Mr. Taz Leachman, 6811 Pfeil Road Councilmember Thompson recognized the follow who spoke on different topics and events: Mr. Miguel Gutierrez, Bexar Waste who provided information regarding the City of Schertz Spring Clean -up Event Kristoffer & Chrystine Myers, 4907 Buckweat, San Antonio — Kristoffer provided information on the upcoming events of Kung Jung Mu Sul of Schertz. Workshops ® Discussion regarding proposed Comprehensive Plan Amendment prompted by the Randolph JLUS update. (B. James) Councilmember Thompson recognized Executive Director Brian James who stated The City is proposing to amend the Comprehensive Plan and Future Land Use Plan in order to mitigate conflicts between the existing Future Land Use Plan and the Joint Land Use Study (JLUS) for Joint Base San Antonio (JBSA) Randolph. Prior to the adoption of the Gateway Plan as an amendment to the City's Comprehensive Plan and associated amendment of the Future Land Use Plan (FLUP), the area south of JBSA Randolph within the Accident Potential Zones was designated by the FLUP as "Accident Potential Zone (APZ)" and the area between those zones was designated as "Air Installation Compatible Use Zone (AICUZ) ". 4 -04 -2017 Minutes Page - 6 - CURRENT; t w�q � +` \ \ `� \ `i \ d w \ K.� 1 jPROPOSEDIN + so \ V . 1\ SCHEIRTZ Proposed Future !11!, �� a � W��•� 0 � �� 44MM4�{Y•SEfiM6E- 91P9FFllf111Y � -• ,.s:.�.�tic..� � vi.ew.en. Land Use Change - � O The Comprehensive Plan described the AICUZ as "Mixed use limited to activities permitted in accordance with the AICUZ recommendations. Uses are generally low intensity and designed to enhance the concept of open space, including agriculture, recreation, a water feature, and clustered, low density housing." The Comprehensive Plan goes on to note that a key feature of the FLUP is to promote "use of areas near Randolph Air Force Base in ways that are sensitive to the recommendations of the AICUZ Study" and that "Areas that are within or near Accident Potential Zones (APZ I And APZ H) or severe noise contours are proposed to develop in accordance with the AICUZ study." With the 2013 Gateway Plan update to the Comprehensive Plan, the designation of much of this area was changed to Estate Neighborhood which allows residential uses with a minimum lot size of % acre. The plan also makes a provision for the potential to develop cluster style residential developments with smaller lot sizes in exchange for greater usable open space. Unlike the Air Installation Compatible Use Zone ( AICUZ) designation, the Estate Neighborhood does not allow commercial uses. The areas within the Accident Potential Zones I were designated Air Installation Impact. The 2015 JBSA Randolph JLUS departed from previous JLUS documents by recommending significantly lower residential densities in the Accident Potential Zone II. Previous JLUS documents allowed for residential development with a minimum lot size of 1/2 acre. It should 4 -04 -2017 Minutes Page - 7 - be noted that while the 2008 JLUS allowed residential units in the APZ II, it did so with the caveat that residential uses should be discouraged in areas with noise contours of 65 dB to 74 dB "unless there is a demonstrated community need and there is no viable alternate location." It should be noted that most of the eastern APZ II south of JBSA Randolph is within this noise contour and as there are other viable locations for residential uses in the community, residential uses would be discouraged. Since the adoption of the 2008 JLUS, development of %2 acre minimum lots in a suburban style development began in the Laura Heights development which is located within the western APZ II zone south of JBSA Randolph. This type of development, as opposed to small scattered ranchettes, prompted a lot of discussion and consideration during the update of the JLUS in 2014 and 2015. As a result, the 2015 JBSA Randolph JLUS included recommendations that in western APZ II Zone south of Randolph, the minimum lot size for residential use should be 10 acres, in the eastern APZ II Zone south of Randolph the minimum lot size for residential uses should be 20 acres, and that for the area between the APZs south of Randolph, the maximum density should be 1 unit per 10 acres. It should be noted that noise restrictions would still apply, further restricting residential uses in some of these areas. The recommendations for the APZ Its south of Randolph varies based on differences in the operations of each runway, which is also reflected in the different noise contour within each APZ II south of Randolph. Prior to this change, the JLUS studies seem to have relied on Defense Department Instruction Number 4165.57 regarding Air Installation Compatible Use Zones. This document includes suggested land use compatibility guidelines for the clear zones and APZs. It should be noted that these are "suggested" and that they are recommendations. This document suggests that single family detached units in the APZ II are allowable but with the caveat of up to a maximum density of 2 dwelling units per acre. If this document provided comprehensive and final determinations on land use compatibility, the Joint Land Uses Studies would not need to address land use compatibility. Given the variability of factors such as base operations, existing land uses, impacts from light, noise, dust, etc. the JLUS documents do develop strategies for land use compatibility. Given the variety of factors and regulations that impact land uses in this area, it is recommended that the area be designated as Air Installation Impact and that text be added to the Comprehensive Land Use Plan describing Air Installation Impact as: Air Installation Impact: This area is located within close proximity of JBSA Randolph. Land Use compatibility is a key consideration both for the impact land uses may have on base operations and in how base operations may impact land uses. Land Uses will be significantly impacted by development standards that restrict light, noise, dust, density and height. Determinations as to appropriate land uses shall be based primarily on the 2015 JBSA Randolph JLUS. The Comp. Plan and FLUP are not zoning and as such do not in and of themselves establish regulations. They are the basis of zoning and the establishment of development regulations. 4 -04 -2017 Minutes Page - 8 - Councilmember Thompson opened this agenda item up for discussion. Mr. James went over the following once again. SC H[]EIRTZL Proposed Future 4e v a cuxxrrerv•sunx�•mrrnmmn `� � i 69 � Land Use Change e, , "Amend the Comprehensive Land Plan and Future Land Use Plan" to Air Installation Impact. This area is located within close proximity of JBSA Randolph. Land Use compatibility is a key consideration both for the impact land uses may have on base operations and in how base operations may impact land uses. Land Uses will be significantly impacted by development standards that restrict light, noise, dust, density and height. Determinations as to appropriate land uses shall be based primarily on the 2015 JBSA Randolph JLUS. The Comp Plan and FLUP are not zoning and as such do not in and of themselves establish regulations. They are the basis of zoning and the establishment of development regulations. Next steps — determine need to consider city initiated rezoning on larger tracts that are underdeveloped and underdeveloped tracts that are zoned in conflict with current JLUS. Mr. James addressed earlier concerns that were raised again. Current UDC Sec. 21.5.9. - Special distracts. A. Air Installation Compatible Use Zone District (AICUZ). 1. - Established to provide control on encroachment around a military airfield, encroachment that could destroy the harmonious relationship existing between the local community and a military airfield. This could eventually lead to the removal of the airfield, which would affect the economy of the area. Restrictions established in accordance with suggested guidelines and 4 -04 -2017 Minutes Page - 9 - studies published by the military will control the development, construction and density of the area. The area is subject to high frequency of noise from aircraft and is at high risk to potential aircraft accidents. All uses and regulations contained within the AICUZ shall be in accordance with the AICUZ study and regulations published by Randolph Air Force Base. 2. A request for development that is not a permitted use by the AICUZ Study, as adopted by the City, or a request for zoning change for property located within the AICUZ requires written notification to Randolph Air Force Base (RAFB) of the proposed development, type occupancy, occupant load, hours of operation, and any special conditions of the project that may include noise, dust, smoke emissions, etc., and any proposed request for a zone change within the AICUZ, with applicable reference the Standard Land Use Code Manual (SLUCM) as adopted in the AICUZ Study. An acknowledgment from RAFB will be requested on the proposed development within 60 days. RAFB may conclude that the proposed development or zoning change should be permitted. Unless RAFB affirmatively recommends to the City that the proposed development or zoning change in the AICUZ be permitted, the development or zoning change will not be approved by the City. Failure on the part of RAFB to respond within 60 days will be deemed to be disapproval Primary Change in the 2015 JLUS — in Accident Potential Zone II from 2 residential units per acre to I unit per 20 acre in the east APZ II and 1 unit per 10 acres in west APZ II and the area between the APZ I and APZ II. Additionally, there are recommendations in the 2015 JLUS that were in the 2008 JLUS that need to be considered such as generally no residential in areas with 65 db or greater in the noise contours. Executive Director Brian James continued to address concerns raised by citizens earlier. He stated that the first public hearing on this will be next week and it will be up to the council to pass or not pass this. Councilmember Thompson opened this item up for Council discussion and recognized Councilmember Davis who stated that when the city has a change they mail out notices to property owners. When the JLUS was having their meetings were there steps to specifically invite the affected property owners? Did they just publish it? Mr. James answered that to his knowledge, property owners were not notified. He believes information was placed on their website but not sure how consistent it was updated. If what drove this concern, say Laura Heights, then why isn't the remedial action to address the future development of something like Laura Heights versus taking some broad paint brush or roller over the entire area with a 1- 10 and 1 -20 standard? Mr. James answered one of the things that came up during the JLUS Randolph was Laura Heights was a concern for them as well as some of the other developments going in. The concern was voiced and staff asked and they walked through why this was a concern for them. The next question was what would be something they would be comfortable with going forward? If you are not comfortable with the % acre lots, what would you be comfortable with and why. Then Randolph came back with this recommendation. 4 -04 -2017 Minutes page - 10 - Mr. James wants to be clear their initial recommendation focused solely on the APZ II areas and the residential density allowed there. The current APZ I residential is not an allowed use in those designations, which is where they focused their efforts. The issue then became from staff's perspective, if you are going to limit development to that degree in those two areas of the AICUZ it frankly creates a problem in providing services to all. The lot after lot raised this issue with Randolph. The Comprehensive Land Plan is a plan not zoning; it is a tool which we use. If citizens are opposed to this change they need to address it with the city and speak out against this proposed change. There is a bird strike issue which is different from other bases and they are trying to mitigate that, and addresses it by the 1 -10 and 1 -20 areas. Councilmember Davis stated he is very sensitive to the needs of Randolph Air Force Base but on the same token he does not understand the logic of the 1 -10 and the 1 -20 wide paint brush affect. The DOD publishes a standard that is a recommended guide. He is fully aware that every Air Force Base /Military Base is different, the missions are different, and the impacts are different based on the type of aircraft based on if it's a training base a large air frame base, or a fighter base, he has been stationed at all of them, so he understands the missions. But the DOD publishes a guide with recommended planning standards and the Air Force publishes an Air Force instruction that mirrors the DOD guidance. He does not understand why the JLUS would not have looked at the specific guidance that is in that Air Force instruction and tailor that to meet their mission needs versus just coming up with an arbitrary 1 -20 — 1 -10 acre standard. Mr. James stated that he can't really come up with an answer but again as you referenced it is a bit of a dilemma, but if you look to the Department of Defense documents that sort of apply everywhere it's a 1/2 acre minimum lot size, 2 units per acre. If you start with the assumption that is a guideline it does not necessarily mean its correct or appropriate everywhere then you sort of say where else do we look for guidance and unfortunately that's kind of all there is. At which point you are there to say, how do you make a determination about what density would be appropriate given the reasons that there is to limit density at all in the area. Why would you want to limit it to even a 1/2 an acre? Your point is well taken, why 20 acres and not 10 acres, why 20 and notl8, why 10 and not 5; at some point when you get with that it's not necessarily a quantitative decision, but a quality. Councilmember Davis stated there is, he would counter that it is. The AFI states, and he is reading it, dated 15 July, 2015, relatively new, attachment 2 states "suggested land use compatibility guidelines for clear zones in APZ is shown in A2 -1. The last sentence says "the compatible land use recommendations for the clear zones and APZ are provided for local governments as well as Air Force personnel for on base planning ". So they publish this as a recommended guide for local governments to go by and it covers the clear zone APZ1, APZ11, it gives you the densities and it goes on down in the remarks and basically says, and he understands the whole purpose of this, is risk. God forbid no one wants to see an air craft come down anywhere, but it goes on to say that 25 people per acre in APZ1 is considered low density, 50 people per acre in APZ11 is considered low density, so their instruction for planning purposes says "a low density load of personnel, 50 people per acre in APZ11, but now we are recommending a 1 dwelling per 20 acres, which a typical family is a family of 4? We are not talking about low density; we are talking about a ghost town. He has a hard time 4 -04 -2017 Minutes Page - 11 - understanding how we arrived at a 1 -20, and again, he fully supports the Air Force mission and he understands the importance of Randolph Air Force base to our community and the surrounding communities, but he just has a hard time with how we came to the point of this level of standard for development and just paint brushing across the entire southern side of the base without any rational explanation, and again without doing due diligence to talk to the property owners and the affected personnel before we got to this point. Councilmember Thompson recognized Councilmember Kiser who echoed Councilmember Davis. She said the same thing when she saw 1 -20. She doesn't even understand going to 1- 10, there seemed to be no logic. I know you said their intent was to prevent developments, but there is nothing about that. She also has a problem if we are going to be using this for our future regulations; intent is not enough for her. We need to have some explicit statements. Some of these things could have been prevented, we were not included in anything, was staff included in any talks with Randolph before this came out? Mr. James answered yes,we had a staff representative who attended all of the JLUS development meetings. Councilmember Kiser asked were any of these questions asked. Mr. James answered he believe they were asked. He knows when he was involved in meetings and discussions we had a significant number of discussions to say if the 2 units per acre were a problem what are you recommending? Councilmember Kiser said it should have been more clearly stated; if development is the issue, there is nothing about that mentioned. You are saying if something happens to your home, you can rebuild; however, nothing says you can. Also, if the land is sold, for the new owner, which regulation will he be under? What happens in that case? Mr. James said it would be a function of what development regulations impose. What initiating city rezoning is done? What changes to the unified development code are done — that would put those restrictions in place. Generally our development regulations don't speak directly to `sale of property' per se'. Till we get to that step he hesitates to say what may or may not come out of it. The sale of property has not been a concern, but rather the subdivision of a property that would create more houses. Ms. Kiser pointed out that this concern is not mentioned in the study at all. Mr. James said that what you have with the JLUS are strategies, some are very specific while others are very broad and is left up to the cities. Councilmember Thompson recognized Councilmember Gutierrez who stated he believes a lot of property owners are here because of `the fear of the unknown'. Nothing is written and that is their concern (natural disasters, restrictions for family growth, etc.). In response to Mr. Gutierrez's question about availability, Mr. James stated staff would assist as much as possible. Councilmember Thompson recognized Councilmember Davis who asked if Fire Station No. 3 was in any of the APZs. The answer was no, it is not. Councilmember Thompson recognized Councilmember Larson who stated the proposal that is coming before council next week is for the land use plan and does not impose regulations but begins the process for imposing regulations, is this correct? 4 -04 -2017 Minutes Page -12 - Mr. James stated it is a beginning stage, like the first thing you do to start that process. He asked if the zoning would be more individualized. Mr. James said, yes it is more of a parcel by parcel basis. Councilmember Larson asked if there was a reason why we can't have a more clear picture of what that zoning piece will look like prior to deciding on changing the comprehensive land use plan. Mr. James stated they don't want to imply that this is the regulation that will always be in place and tied to that land use designation. They will regularly amend their land use regulations and unified development code. Councilmember Larson said once again he thinks the property owners would like more clarity. Mr. James stated Council can certainly table this amendment and direct staff to add more information and clarity. He asked if there were any other challenges they should be aware of if they go that route. Mr. James stated there are a variety of factors but to the degree staff can they will look at the other major development regulations at the same time. Councilmember Larson stated he thinks it is a good idea to look at these challenges concurrently so we can know what we are opening the door to. Councilmember Davis asked if we knew the number of property owners affected in APZII — east and west. Mr. James stated he could get that information and e -mail it to council. There will be much more probably in the western part. Counclkmember Davis also asked for the lot sizes. Councilmember Thompson recognized Councilmember Crawford who stated we have a lot of people in our audience (maybe 30), if you pass these rules (they are important and have an impact on their life) what are they going to do if they want to sell their house or their house burns down? They deserve and need answers to those questions. Why can't we go back to the original AFI that specifies what density should be. He knows the city is trying to do the right thing to help the air force but we also have to help our residents. He is torn between the air force got here first and the residents second and the fact that there are residents sitting here and he is a property owner as well. How do we make things equivalent to the north side, south side, east and west sides? Mr. James stated the strategy in the JLUS does not obligate us to do anything. If we go back and work with property owners we may come back with something else. Councilmember Crawford says he doesn't want to see an accident, but how do we balance this for folks to live on their property like they would like to. Mr. James said we can make a change or we don't have to. Councilmember Crawford said these folks need some more answers. Councilmember Thompson stated everyone in his family has served in the military except for himself. He lived in an area and left about a year before the base closed. However, through friends, he experienced the economic devastation that occurred as a result of the closure. Therefore he supports the mission of Randolph. Two things: 1) nationally, our federal government at times told the citizens, `Let us pass this, it is in the best interest of you and we 4 -04 -2017 Minutes Page - 13 - will fill in the details later'. Invariably, those types of programs don't seem to succeed. 2) Locally, last night we had a special called council meeting; there was a lot of ambiguity and confusion and we did not know a lot of facts —plus a lack of clarity. He feels it is in the best interest of residents and the city if we clear up those ambiguities. Not everyone may be happy but at least we will know where we stand. Councihnember Thompson called for a brief break at 8:29 p.m. Councilmember Thompson reconvened the meeting at 8:39 p.m. Discussion regarding Schertz Parkway Repairs. (B. James/K. Woodlee) Councilmember Thompson recognized City Engineer Kathy Woodlee who provided a PowerPoint Presentation with the following information answering questions from Council: SCHERTZ PARKWAY IMPROVEMENTS MASKE ROAD TO LIVE OAK ROAD CHIERT J Project Background: A • October 2015 –Need for improvement to Schertz Parkway between Maske and Live Oak Roads identified and programmed as a project along with other minor roadway projects to be funded out of remaining 2006 bond funds. • Roadway continued to deteriorate rapidly, strategy changed from interim resurfacing to recommendation of full reconstruction. • Summer/Fall 2016 – Staff worked with geotechnical engineer to have samples analyzed, roadway section options designed. 4 -04 -2017 Minutes Page -14 - ® February 2017 — Design contract authorized with Ford Engineering, Inc. February 2017 — Worst potholes filled by Public Works crew. Points of Interest: ® Scope • All travel and turn lanes to be reconstructed between Maske Road and Live Oak Road. Intent is to preserve curb and gutter and median improvements. • Reconstruct pedestrian trail (optional) (currently surface type is being evaluated) • Widen Live Oak Road at intersection to provide dual west -bound lanes (optional) ® Project to be bid with alternative road sections —asphalt and concrete 14 Da --- --- -- - ----- m 1 ---- - - -- -- "d,...mr— _ LIVE OAKROAD_, 4 -04 -2017 Minutes Page - 15 - y' o j p_ --g . - - - =n. 4 -04 -2017 Minutes Page - 15 - }fly W_ Y - T� w Qa —r I aj — -r — — — EAST LIVE OAK ROAD WC. Current Project Schedule: 0 50% Design — Mid April 2017 • 1005 Design — Mid May 2017 • Construction start — Summer 2017 • Construction Period 6 -9 months — complete Spring 2018 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 March 24, 2017 and the Regular Meeting of March 28, 2017. (J. Kessel/B. Dennis) 2. Ordinance No. 17 -T -11— Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund the Northcliffe Waterline Replacement Project Phase 3. Final Reading (D. Wait/J. Hooks) ORDINANCE NO. 17 -T -11 AN ORDINANCE BY THE CITE' COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE NORTHCLIFFE WATERLINE REPLACEMENT REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 4 -04 -2017 Minutes Page - 16 - 3. Boards, Commissions and Committee Member Appointments — Consideration and/or action ratifying the appointment of Mr. Earl Hartzog, Board of Adjustments Liaison to the Committee of Committees Advisory Board, and revising and updating the Committee of Committees Board Members. (B. Dennis/Mayor /Council) Councilmember Thompson recognized Councilmember Davis who moved, seconded by Councilmember Kaiser to approve consent agenda items 1 -3. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tent Edwards was absent. Motion passed. Discussion Items 4. Resolution No. 17 -R -23 — Consideration and/or action approving a Resolution authorizing a contract with R. L. Jones LP relating to the Northcliffe Waterline Replacement Project Phase 3 and authorizing the budget expenditures for the Project. (B. James/K. Woodlee/L. Busch) RESOLUTION NO. 17 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CONTRACT WITH R.L. JONES, LP, RELATING TO THE NORTHCLIFFE WATERLINE REPLACEMENT PROJECT PHASE 3 AND AUTHORIZING THE BUDGET EXPENDITURES FOR THE PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Thompson recognized Storm Water Manager Larry Busch who introduced this item stating The City has for some years been working to replace aging asbestos cement water mains in certain areas of Schertz with more durable pipe materials. The portion of the Northcliffe Subdivision, of which this project area is a part, was experiencing a large number of breaks due to the ground shifting causing interruption of service to the residents in this area. Repairing these breaks not only inconvenienced residents, they occupied staff time, created overtime costs, damaged streets, sidewalks, and driveway aprons and let to a loss of purchased water. The City has completed the replacement of the aging asbestos cement water mains in the rest of this targeted area of Northcliffe as indicated in Exhibit B, and staff wishes to finish the effort by completing the final phase of the planned improvements. This project was procured through the RFP Process where factors other than price are taken into consideration to determine the best value to the City. Staff recommends Council approve Resolution 17 -R -23 and authorize the City Manager to award the contract for the Northcliffe Waterline Replacement Project Phase 3 to R.L. Jones, LP, for the total of $730,730.00 with a not exceed amount of $803,803.00. Councilmember Thompson recognized Councilmember Kaiser who moved, seconded by Councilmember Crawford to approve Resolution No. 17 -R -23. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 4 -04 -2017 Minutes Page -17 - 5. Resolution No. 17 -R -24 — Consideration and/or action approving a Resolution authorizing an agreement with Microsoft authorizing the renewal of our Enterprise Agreement and to purchase licenses from SHI Government Solutions relating to email and software services for the Microsoft Office 365 email system. (B. James/M. Clauser) RESOLUTION NO. 17 -R -24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH MICROSOFT AUTHORIZING THE RENEWAL OF OUR ENTERPRISE AGREEMENT AND TO PURCHASE LICENSES FROM SHI GOVERNMENT SOLUTIONS RELATING TO EMAIL AND SOFTWARE SERVICES FOR THE MICROSOFT OFFICE 365 EMAIL SYSTEM, AND OTHER MATTERS IN CONNECTION THEREWITH Councilmember Thompson who recognized IT Director Myles Clauser who stated in March of 2014, the City Council authorized the City Manager to enter into a 3 -year agreement with Microsoft to purchase email and other services through the Microsoft Office 365 platform on Resolution 14 -R -19. This original agreement included 356 licenses for email services. The agreement from 2014 also provided for a 3 -year extension, but that Schertz City Council must approve the extension in 2017. This service has provided city personnel access to emails, shared calendars, etc. via any technology (cell phone, tablet and pc) at any time. The Office 365 platform is CJIS (Criminal Justice Information Security) compliant and approved by the state of Texas for use by Public Safety Agencies for cloud storage of protected data. Several departments are now taking advantage of this feature to allow access to important information to field staff and approved outside contacts as needed. The agreement requires renewal of the licenses for Microsoft Office 365 every 3 years. The renewal agreement will be purchased from SHI Government Solutions. The I.T. Dept. is proposing to renew 423 licenses at this time. The agreement is part of the State of Texas' Department of Information Resources (DIR) Cooperative Contracts Program. This is a streamlined co -op purchasing program for state and local governments which leverages the state's purchasing power to negotiate competitive discounts with vendors. If additional licenses are added (as new staff are hired) or upgraded (staff members need a greater range of software) costs will increase and will require staff to seek council approval to increase the number of licenses as the cost would exceed the amount authorized by the resolution authorizing the purchase. The renewal agreement is for a three -year term. The City is seeking approval of Resolution 17 -R -24 which authorizes the City Manager to enter into a series of agreements associated with the licensing and use of Microsoft 365 for a three -year term and purchase the licenses from SHI Government Solutions at a cost of $23,819.64 annually. Mr. Clauser addressed questions from Council. Councilmember Thompson recognized Councilmember Kaiser who moved, seconded by Councilmember Gutierrez to approve Resolution No. 17 -R -24. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 4 -04 -2017 Minutes Page -18 - Executive Session Councilmember Thompson adjourned the regular meeting at 8:58 p.m. to executive session. 9. 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 -028 Reconvene into Regular Session Councilmember Thompson reconvened back into regular session at 10:10 p.m. 9a. Take any action based on discussions held in closed session under Agenda Item 9. No action was taken. Roll Call Vote Confirmation Councilmember Thompson recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 -5. Requests and Announcements 6. Announcements by City Manager. No further announcements were made. 7. 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. No items were requested. 4 -04 -2017 Minutes Page -19 - 8. 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 No announcements were provided. Adiournment Councilmember Thompson adjourned the meeting at 10:14 p.m. l L :Z Robin Thompson, Councihnember Brenda Dennis, City Secre ary 4 -04 -2017 Minutes Page - 20 -