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04-25-2017 Agenda with backupMEETING AGENDA City Council REGULAR SESSION CITY COUNCIL April 25, 2017 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Call to Order — Regular Session Opening Prayer and Pledges of Allegiance to the Flans of the United States and State of Texas. (Councilmember Larson) Presentations • Schertz Wilenchik Walk Check Presentation to CTRC and Award Presentations. (S. Gonzalez /L. Klepper /M. Spence) • Presentation of School Safety Video. (D. Wait /M. Hansen /M. Bane) City Events and Announcements • Announcements of upcoming City Events (B. James /D. Wait /S. Gonzalez) • Announcements and recognitions by City Manager (J. Kessel) Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof: Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 04 -25- 2017 - Council Agenda 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. 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 — Approval of the minutes of the Regular Meeting of April 11, 2017 . and the Special Meeting of April 18, 2017. (J. Kessel /B. Dennis) 2. Ordinance No. 17 -D -14 — Approval of an Ordinance amending Chapter 86, parking prohibited 25ft in front of drainage inlet on Cameron River in the Fairway Ridge Subdivision. Final Reading (B. James /K. Woodlee /C. Palomo) 3. Ordinance No. 17 -S -12 — Approval of an Ordinance regarding a request to rezone approximately 4 acres of land generally located at the intersection of IH 35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The area in the proposed rezone includes the following addresses, all located along Covers Cove: 6001, 6005, 6009, 6013, 6014, 6017, 6018, 6021, 6022, 6025, and 6026. Final Reading (B. James /L. Wood/E. Grobe) 4. Boards, Commissions and Committee Member Appointments — Appointment of Mr. Robert Sheridan as an alternate member to the Parks & Recreation Advisory Board. (B. Dennis /Mayor /Council) Discussion Items 5. Establishing a Committee of the City Council to study and make recommendations to the full. City Council with regards to improvements or other changes or policies that affect or might affect Main Street. (Mayor Carpenter /Mayor Pro -Tem Edwards) Roll Call Vote Confirmation Requests and Announcements 6. Announcements by City Manager. 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. 8. Announcements by Mayor and Councilmembers 04 -25 -2017 City Council Agenda Page - 2 - • 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 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Schertz Economic Development Corporation (J. Kessel/K. Kinateder) - 2016 Tax Year reimbursement per the Development Agreement with Amazon.com.kydc, LLC. Executive Session 10. 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 10a. Take any action based on discussions held in closed session under Agenda Item 10. Roll Call Vote Confirmation Adiournment CERTIFICATION 1, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 21st DAY OF APRIL 2017 AT 3:30 P.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. grewda De vi, w'Ls Brenda Dennis, City Secretar I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON DAY OF 2017. Title: 04 -25 -2017 City Council Agenda Page - 3 - This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If `you require special assistance or have a request for sign interpretative services or other services please call 210 -619 -1030. The City Council for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act. Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this opinion. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter Councilmember Davis — Place 1 Audit Committee Schertz Housing Authority Board Interview Committee for Boards and Commissions Interview Committee for Boards and Investment Advisory Committee Commissions TIRZ II Board Councilmember Gutierrez — Place 2 Councilmember Larson — Place 3 Mayor Pro -Tem Edwards — Place 4 Councilmember Thompson — Place 5 Audit Committee Audit Committee Hal Baldwin Scholarship Committee Investment Advisory Committee Interview Committee for Boards and Commissions Cibolo Valley Local Government Corporation Councilmember Kiser — Place 6 Councilmember Crawford — Place 7 Schertz Animal Services Advisory Commission Schertz- Seguin Local Government Corporation Interview Committee for Boards and Commissions 04 -25 -2017 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: April 25, 2017 Department: Subject: BACKGROUND City Secretary Minutes Agenda No. 1 The City Council held a Regular Meeting on April 11, 2017 and a Special Town Hall Meeting on April 18, 2017. FISCAL IMPACT RM Staff recommends Council approve the minutes of the Regular meeting on April 11, 2017 and the Special Town Hall Meeting on April 18, 2017. ATTACHMENTS Regular Meeting of April 11, 2017 minutes. Special Town Hall Meeting of April 18, 2017 minutes. MINUTES REGULAR MEETING April 11, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 11, 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: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charles Zech Call to Order — City Council Regular Session Mayor Pro -Tem Councilmember City Councilmember Thompson called the meeting to order at (Minister C.D. Peterson, Resurrection Baptist Minister Peterson provided the opening prayer the United States and the State of Texas. Mayor Carpenter stated ' as: a reminder, if there are Hal Baldwin Scholarship, the sign -40 sheet is on the Thompson rawford ve Director Dudley cretary Brenda Dennis by the pledges of allegiance to the flags of idents present who wish to sign up for the out in the foyer. Sc ,hertz Sweetheart Court Fiesta Medal. Presentation (S. Gonzalez/L. Klepper/M. Spence) Mayor Carpenter recognized Office Manager Erin Matlock who introduced Miss Schertz Sydney Fis her, Miss Jubilee, Ashley Poerner, Miss Friendly City, and Corinne Mittelstadt. Miss Schertz thanked he City for a great experience, the opportunity to represent the City of Schertz and for a experience she will never forget. The Sweetheart Court presented the City of Schertz Fiesta Medal and invited them to the upcoming Fiesta Flambeau Parade, April 29, 2017. Prnrlamatinn • Proclamation recognizing National Public Safety Telecommunications Week. (D. Wait/M. Hansen /M. Carey /R. Rutkowski) 4 -11 -201.7 Minutes Page - i - Mayor Carpenter shared a recent story where a man who was working in his workshop and severely cut his arm and his wife had called our 911 dispatch and dispatch stayed on the line until emergency services arrived. He also commented on how calm the dispatcher was able to keep the caller and provided some important first aid information over the phone that when emergency services arrived and was able to get the citizen to the hospital, they had been briefed and stated that the quick action of the emergency team saved the citizens arm. Mayor Carpenter read the proclamation and recognized Police Dispatch Supervisor Ronnie Rutkowski and his staff members and thanked them for their expertise and dedication to their jobs. Mr. Rutkowski thanked council for this recognition and said-the dispatchers are the unseen portion of the public safety chain. He thanked members of his staff who were present. City Events and Announcements • Announcements of upcoming City Events (B. J Mayor Carpenter recognized Executive D announcements: • Thursday, April 13 Northeast Partnership Olympia Hills Golf and • Saturday, Brian , 11:30 p.m. Park Registration begins at 9:30 a.m. nce by the Easter Bunny, games and an egg hunt. on screenin_ for children available. • Saturda who following 9001 Hollering Vine, Noon to 3:00 PM Hosted by The Crossvine - Month of April is to celebrate "All Things Community ". • Tuesday, April 18 The Chamber Monthly Luncheon Schertz Civic Center, 1.1:30 a.m. - 1 p.m. 4 -11 -201.7 Minutes Page - 2 - • Tuesday, April 18 Council on the Go Town Hall Meeting Cibolo Valley Elementary School Cafeteria, 6:30 p.m. • Wednesday, April 19 Fairfield Inn Re -Grand Opening and Open House 5008 Corridor Loop, 4:00 p.m. • Friday, April 21. Senior Center Sprint Fling Dance Senior Center, 6:00 p.m. $5 admission • Saturday, April 22 Home Grown Saturday's 9001 Hollering Vine, Noon to 3:00 p.m. Hosted by The Crossvine Month of April i t Get your bike tuned up and ]earn about esser pros, ride around on miles of trails and enter a items. • Tuesday, April 25 City Council Meeting Council Chambers 6:00 p.m. • Thursda, TML Rea 5:30 p.m. 1 vaauss�, i�iss� th Annual Hoff' )0 a.m. — 6:00 p. ,ld dt,The Texas "All Things Comb and maintenance win a Bike City gi �ogram at Booker Rd, Live Oak, TX nom bike shop card and other sted by Denton, Navarro, Rocha, Bernal, Hyde & Zech. University TML Legislative' Wrap -up 7:45a — 2:30 p.m. Please contact Brenda or Donna to register for this event. Event takes place at the Double Tree'bv Hilton Austin. Mayor Carpenter moved to the Hearing of Residents portion of the agenda. Hearing of Residents 4 -11 -201.7 Minutes Page - 3 - 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 exCsiing policy in response to an inquiry, and /or a proposal to place the item on a future agenda. Tli ' presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons whIo have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Ms. Melva Stokes, 1.0450 Leslie Heights, who spoke against the request to amend the Schertz Comprehensive Land Plan and Future Land Use Plan. She is concerned about her property and what could happen if approved. She stated that in the past she was contacted and this time she was not notified._ Mayor C to I tho spoke regarding,the Special Meeting the City ibclo, :proposed T611 Road stating that it is not rirnmirient domain authority. He stated that the widen our portion of FM 1.103 and the voters other routes which the City of Cibolo can use ads and traffic. He stated that we need to do id not hand our land over to another city. The following was read into record: ORDINANCE NO. 17 -5 -13 ORDINANCE REGARDING A REQUEST TO AMEND THE SCHERTZ COMPREHENSIVE LAND PLAN AND FUTURE LAND USE PLAN TO CHANGE THE LAND USE DESIGNATION OF PROPERTIES GENERALLY LOCATED 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 4 -11 -2017 Minutes Page - 4 - CITY LIMITS TO THE "AIR INSTALLATION IMPACT" LAND USE DESIGNATION. Mayor Carpenter recognized Executive Director Brian James who stated based on discussions with Council and the concerns of the residents who spoke at the April 4, 2017 City Council . meeting, staff is recommending that no action be taken to allow staff to work with the property owners to understand their concerns in light of the proposed changes and develop draft ordinances to amend the UDC that would accompany a change to the Future Land Use Plan and Comprehensive Plan. The goal is to allow the residents`roperty owners and City Council to fully understand the implications of the proposed change. Mr. James showed a map of the proposed changes as a resii study which included recommendations that in western"AF minimum lot size for residential use should be 10 acres,, in Randolph the minimum lot size for residential uses should between the APZs south of Randolph, the maximum dens Given the variety of factors and regulations' that impe recommended that the area be designated as Air Installatio the Comprehensive Land Use Plan describing Air r Install Impact. This area is located within close proximity, compatibility is a key consideration both for the impa+ operations and in how base operations may, impact land use impacted by development standards that restrict,,, light, Determinations as to appropriate land: uses shall be: has Randolph JLUS. The goal is to minimize land use con is safety of residents and pilots -at JBSA Randolph. tion Impact as: Air Installation f JBSA Randolph. Land Use land uses may have on base Land Uses will be significantly oie, dust, density and height. 1 primarily on the 2015 JBSA in the area and provide for the Mr. James stated that the city will be conducting several meetings in the coming weeks, some with residents, some with tl e City and :Randolph and some one on one meetings, and those affected will, be invited to attend. Leltes should be going out in about two (2) weeks. no action be taken on this item by City Council. hearing and the following spoke: Some of the,concerns wore: • Against the rezone • Property values would be lowered • Should b 'iible to do what they want on their property • Should be able to rebuild if a natural disaster occurred • Against the 1 -20 and 1 -1.0 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 4 -11 -2017 Minutes Page - 5 - • Stakeholders were not involved in the JLUS Study • Information is needed for clarification and several issues that are unclear • Contact name for person at :Randolph Air Force Base They also thanked the Mayor and Councilmembers for listening; As no one else spoke,'Ma or Carpenter closed the public hearing for Council comments. Carpenter recognized Mayor Pro -Tern Edwards who thanked Councilmember Dn for covering at the special meeting. Mayor carpenter also thanked Councilmember Thompson and stated, as recommended by staff, no action will be taken at this time to allow for additional contact and engagement with the landowners and the public and have a bit more discourse before we take this up again. Councilmembers thanked the citizens and staff for listening to the citizens concerns and are happy that more meetings will be taking place before a decision is recommended. Councilmember Thompson stated we don't want to push this until we get all the specific answers. We may not make everyone happy but we will address everyone's concerns. Mr. James, in answer to the contact information for Randolph, stated it was Lt. Col. Bliss, at 210- 652 -2144. 4 -11 -201.7 Minutes Page - 6 - Councilmember Kiser stated this is a good example of staff, Council and citizens working together. Councilmember Crawford also thanked all those who came out and spoke. He asked Mr. James if there is any value in the other items that exist in the JLUS plan and would they likely put a hold on them. Mr. James said the land use pattern is the most important issue. Councilmember Davis echoed Councilmember Kiser's comment. This is a challenging task and how to be neighbors with Randolph. This is not easy and, ho looks forward to future meetings. This is not just a peanut butter spread to rezone these areas. Councilmember Gutierrez thanked the citizens for their specifically the minimal acreages. Mayor Carpenter stated this is a challenging situation. preserve the mission but can't do it at the citizen's expen rights. This may take time, but as we have learn d, when a good result. We have been doing this since 195 and v ears, you are our neighbors and this Council is committed Mayor Carpenter stated as recommended by staff, no for additional contact and engagement with the,lando more discourse before we start taking this up aiu; Consent Agenda Items 3. Boards, Cow action ratifyinj Preservation C it would affect them, Je wish to preserve the base and We need to preserve the citizens' do take our time we tend to have )Ian on continuing. You have our work to get there. be taken at this time to allow he public and have a good bit - explanatory and will be enacted by the Council with one ;ion of these items unless they are removed from the Consent on ad/or action regarding the approval of the minutes of the Special 17 and, the regular meeting of April 4, 2017. (J. Kessel /B. Dennis) nces Consideration and /or action excusing City Council Member g dates: April 4, 2017. . (B. Dennis /Mayor /Council) and Committee Member Appointments — Consideration and/or ointment of Mr. Dean Midlick as a regular member to the Historical (B. Dennis /Mayor /Council) Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve consent agenda items 1 -3. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4 -11 -201.7 Minutes Page - 7 - Discussion Items 4. Issuance of General Obligation Bonds, Series 2017 — Consideration and/or action authorizing City Staff and Consultants to proceed with the issuance of $4,000,000 General Obligation Bonds, Series 2017 for the purpose of constructing Fire Station No. 3 as previously approved by the voters at a bond election held November 3, 2015. (J. Kessel/J. Walters /M. McLiney /A. Friedman) Mayor Carpenter recognized Finance Director James Walters who ,stated the voters authorized the City to issue $15,000,000 for street and bridge improvements and public safety facilities at an election held November 3, 2015. The Council is requested to authorize City staff and consultants to proceed with the sale of approximately $4,000,000 General Obligation Bonds, Series 2017. . The Proceeds will be used for the construction of Fire Station No. 3. The Bonds will be amortized over 20 years and will be callable by lbe City in 10 years as is customary for a financing of this size. The issuance of the Bonds should not result in a tax rate increase. The proceeds will be delivered to the City on June 20th. The Bonds are being issued at the same time as the Certificates of Obligation, to be discussed in greater ,detail under separate agenda items to follow. When the CO's are approved, along with this GO Bond, it is estimated that there will be little to no impact on the I & S Tax Rate. No action was taken by council on 5. Resolution No. 17 -R•22 - Consideration and /or action approving a Resolution by the City Council of the City of 'chertz Texas autlt�rizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (J. Kessel /J. Walters /M,:l lcLin y/A. Friedman) SOLUTION NO. 17 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2 -12, AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Finance Director James Walters who stated as was mentioned in the December 20, 2016 Council meeting, it is the City's intent to issue Certificates of Obligation Bonds (CO) in the 2017 year for street maintenance, to start building repairs and renovations in the City Hall complex, park trails and maintenance, renovation of the Senior Center, and a fire apparatus for Station #3. By issuing bonds for these projects, the city will be able to continue to grow its fund balance for future projects while taking advantage of lower interest rates while they last. 4 -11 -201.7 Minutes Page - 8 - Also included in this issuance proposal is the purchase of 2 ambulances for Emergency Medical Services (EMS). These ambulances will keep the city's fleet reliable and safe when providing service to the communities they serve. This proposal was approved during the 2016 -17 Budget process. The ambulances plus equipment are estimated to cost $550,000 to purchase with annual debt payments estimated at $114,000. Originally planned as a separate Tax Note, a short term debt instrument that the City uses to buy ambulances, by combining it with the CO bonds the City can save an estimated $10,000 in issuance costs. The total EMS ambulance fleet is made up of 9 vehicles with an estimated 5 year useful life. This averages out to 2 ambulances being purchased each year, with 1 year of only,,! being purchased. For item (5) on the Notice, no land, right -of- way, or landscaping is expected with any of the renovation or maintenance projects. However, the City 'must strictly adhere to the bond language when expending these funds. This section is included i4 provide for any unseen events during the construction of these projects. In order to sell Certificates of Obligation Bondi (CO), City Council must approve to publish a Notice of Intent in our newspaper of record,for two consecutive weeks. Thirty- �d ys after the notice, City Council will review the bids for the sale on May 23, 2017 to takefinal action to approve the sale of the bonds. Once the projects are ready to begin staff will return to council once again to approve the construction contracts and to move forward with these items. The Resolution only alerts the Citizens that, the proposed projects, °will be considered and a Certificate of Obligation will be approved on May 23, 2017.: , The City intends to issue Certificates of Obligation in an amount not to excee& $5,600;000 for the purpose of making street repairs, makingrr 'pairs to municipal buildings (i.e senior center), Fire Station #2, City Hall, the purchase�,of fire= fighting apparatus and making park improvements, including the construction of Walking trails:; Mayor Carpenter recognized Councilmember Davis who expressed concerns regarding future planning. He would feel better if there was more clarity on what we are planning on remodeling. Is the amount the right number? He would like an update on the Facilities Master Plan. Mr. James addressed Councilmember Davis as well as Councilmember Crawford regarding their concerns stating that Council will be able to see the projects come up as most will go to Council for approval. They listed broad categories abd we have estimated these costs, and again will come to council once they receive the bids for the projects. Mr. James continued to address Council questions. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember lser to Approve Resolution No. 17 -R -27 and that the City Council adopt a Notice of Intention Resolution. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 6. Ordinance No. 17 -T -15 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing a Budget amendment to fund Fire Station #2 Repairs and to remodel the Senior Center, repealing all Ordinances or Parts of Ordinances in conflict with the Ordinance, declaring an emergency, and providing an effective date. First & Final Reading (B. James) 4 -11 -2017 Minutes Page - 9 - The following was read into record: Lei 9 7ILIE1 4 S►`[IAI/Qi1m AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCI3ERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND FIRE STATION #2 REPAIRS AND TO REMODEL THE SENIOR CENTER; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; DECLARING AN EMERGENCY; AND, PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Executive Director Brian James and Finance Director James Walters who stated on tonight's agenda the City Council will consider a resolution authorizing the City to start the process of issuing Certificates cif Obligation bonds for Fire Station #2 repairs and a portion of the cost of the Senior Center remodel. Council will also consider a contract for construction services for both of these projects. This ordinance provides the means to provide the remaining funding needed and allow the company to start construction. before the bond funds are received. The Senior Center remodel costs were higher than expected at an estimated $750,000. The bonds will provide for $250,000 and the project will need:an` additional $500,000 of funding to complete the project. Back in 2014," Ordinance 14 -T -14 authorized funding of $425,000 to replace the recreation center windows. The, X016 Bonds "fully funded those window replacements instead. With the approval -of the 0I4- 15::Budget (Ord. 14- T -42), an additional $150,000 was identifie,for, other building repairs. The repair projects were put on hold since bids were coming in much higher than expected and alternate plans were made. Staff recommends council amendthc budget and reallocate $500,000 of these funds to make up the balance on the Senior Center remodel project. Approval of the ordinance will allocate $500,000 of funds to the Senior Center remodel project. It also allows for the Senior Center remodel and Fire Station #2 repairs to begin before the bond funds are received. This ordinance will allocate funding in the amount of $500,000, which is already set aside. It will also allow up to $250,000 for the Senior Center and $400,000 for the Fire Station #2 repairs, a total of $660,000, to be used from the General Fund balance to be reimbursed when the bond funds arrive. The projected unrestricted fund balance for FY 2017 is estimated at $9,233,587. If all $660,000 was used before the bond funds arrive, the fund balance would be at $8,573,587, which is $1.5 million over the 25% floor. Staff recommends approval. Mr. James and Mr. Walters addressed questions from Council. 4 -11 -201.7 Minutes Page - 10 - Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Ordinance No. 17 -T -15, first and final reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 7. Resolution No. 17 -R -26 - Consideration and/or action approving a Resolution approving an amendment to the existing agreement with the Construction Manager at Risk for repairs to Fire Station No. 2 and alterations to the Senior Center. (B. James /P. Gaudreau) The following was read into record: RESOLUTION NO. A RESOLUTION BY THE CITY COUN AUTHORIZING AN AMENDMENT TO THE CONSTRUCTION PHASE SERVIC AT RISK AGREEMENT FOR THE ALTERATIONS TO THE SENIOR CONNECTION THEREWITH Mayor Carpenter recognized Owners 1 is to provide much needed repairs to watertight exterior envelope and to pro, capturing the former W llm—ed space. installing a fire suppression system thrc The city entered ii Risk (CM(a-),R) for $400,000 in ricates of Obl '750,000 in ft >sed from this set aside with City CIL OF THE CITY OF SCHERTZ, TEXAS THE EXISTING A1.33 AGREEMENT FOR 'ES OF THE , ONSTRUCTION MANAGER REPAIR, TO FIRE STATION #2 AND CENTER AND OTHER MATTERS IN native Phil Gaudreau who stated the goal here -nor cif Fire Station #2 in order to provide a ,ded renovations to the Senior Center as part of ,novations to the Senior Center also include the building. Sias S. Byrne, Ltd for Construction Manager at my for Fire Station #3 and other Miscellaneous on February 14, 2017. . for the Fire Station #2 repairs are proposed to come from the (CO) bond issuance, for which the notice of sale is on this agenda. r the Senior Center repairs will come from two sources: $250,000 is '-O bond issuance and the remaining $500,000 is from general funds Staff recommends approval authorizing the amendment to the CM @R contract with Thomas S. Byrne, Ltd. to which allows these projects to move forward and construction to begin. Mr. James and Mr. Gaudreau addressed questions from Council. Answers were also provided about the interruptions to the Senior Center and how this would be resolved. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Kiser to approve Resolution No. 1.7 -R -26. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 4 -11 -201.7 Minutes Page - 11 - 8. Ordinance No. 1.7 -D -14 - Consideration and /or action approving an Ordinance amending Chapter 86, parking prohibited 40ft in front of drainage inlet on Cameron River in the Fairway Ridge Subdivision. First Reading (B. James /K. Woodlee /C. Palomo) The following was read into record: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED AND PROVIDING AN EFFECTIVE.. DATE. �arpentter recognized Councilmember Kiser who moved, seconded by Councilmember ;on to approve Ordinance, No. 17 -D -14, first reading. The vote was unanimous with Pro -Tem Edwards, Co n iilmembers Davis, Gutierrez, Larson, Thompson, Kiser awford voting for and no one voting no. Motion passed. 9. Ordinance No. 17 -S -12 — Conduct a Public Hearing and First Reading of an Ordinance regarding a., request tai" rezone approximately 4 acres of land generally located at the PH intersection of IH 35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The area in the proposed rezone includes the following addresses, all located along Covers Cove: 6001, 6005, 6009, 6013, 6014, 6017, 6018, 6021, 6022, 6025, and 6026. First Reading (B. James /L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 17 -S -12 4 -11 -201.7 Minutes Page -12 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 4 ACRES OF LAND FROM GENERAL BUSINESS, (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Planner Emily Grobe who stated this is a city initiated rezone of approximately 4 acres of land from General Business District (GB) to Planned Development District (PDD). The subject area currently has eight (8) single family residences, two (2) vacant, undeveloped properties, one (1) lift station lot, and a portion of one 16' wide drainage lot. The subject area is generally located at the intersection of 1H 351,Frontage Road and Covers Cove extending into the subdivision approximately 700 feet. The properties included are The Fairways at Scenic Hills Unit 3B block 15: Lots 22-,2,$,,.Block 17: Lots,4-6, 27 and a portion of lot 28, a 16' wide drainage right-of-way, and Northcliffe 1: Lots 1-3.1h'eI,subject properties are designed to be residential lots with the exception of the lift station lot and the drainage lot. The public hearing notice was published in the' San Ant, 2017. Twenty-one (21) public hearing notices were mailc within two hundred (200) feet of the subject property on & Zoning Commission meeting thattook place on March '2 Staff has received two (2) responses in favor, one (1) responses neutral to the request. ib %Express News on March 24, to surrounding property owners ch 8, 2017, prior to the Planning 201.7. At the time of this report, aspqnse opposed, and zero (0) Comments received, at the March 22, 20171,Planning & Zoning Commission Public Hearing: The Comprehensive Land Use Plan (CLUP)'t,4rough the Future Land Use Plan designates the subject prop6ity'asl Highway, I 'Commercial. The ,putpose of Highway Commercial is to provide for regional scale retail and commercial uses that can take advantage of the highway frontage. • The propose'd g is, generally rezoning ' in conformance with the goals and objectives of the ,, Comprehensiv'e'Plan. Specifically, the proposed rezoning to PDD with a base zoning of Single-Family Residential- 2 (R -2) provides for compatible land uses with the existing Single-family homes to the South and is directly compatible with the future commercial d6vvellopment to the fast and existing golf course to the west. The Future Land Use Plan is a graphic,, representation that is intended to help the City's elected and appointed officials and resi6nts visualize the desired future land development pattern in the community and does not 'c6usfi ' constitute zoning regulations nor establish zoning districts. The proposed rezoning to PDD with a base zoning of R-2 is a more appropriate zoning designation than commercial zoning for this area due to the existing neighborhood development adjacent to and within the subject area. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities/Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. 4-11-2017 Minutes Page -13 - • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses. The property was also intended for single family land use when it was originally platted. The Planned Development District (PDD) will allow for residential use of the property. The Fairways at Scenic Hills Unit 313 was final platted in September of 2006. This final plat established 46 residential lots, 1 greenbelt, 1 park, and 1 sanitary sewer lift station. With this plat eight (8) of the subject property lots were created. The final plat for The Fairways at Scenic Hills Unit 3B was recorded with a note that states "Existing,' zoning pre development with a R -6 use with variance to setback requirements." Staff has interpreted this note to mean that the subdivision was created while the property was zoned:pre development. However, the desire for the property was to allow for single family residential i][111 accordance with the R -6 lot dimensions with a setback alteration. The plat also stales a por6o "of the plat exists within the General Business zoning. Additionally, within t11e subject area oftlnig rezone are three (3) lots out of the Northcliffe 1 subdivision, which was subdivided and Matted before it was annexed into the City. This area along IH 35 h,:,been zoned General Business ,ince> 1996. When the Fairways at Scenic Hills Unit 3B Family Residential — 6 (R -6) lot dimension Fairways at Scenic Hills Unit 313 is currently properties were not rezoned for a residential use Hills was completed. The approval of Ordinarl on September 28, 2010, which prohibits th requests to zone property to R -6 and R -'�, the the rest of the developed Fairways at Scenic H of staff that a single- family residential zoning Additionally, it,. i$ staff's opinion that the bes residential use to continue and for the two re allow for single - family residential use., was created it was platted following a Single layout: Additionally, the remainder of the zoned I -. It is unclear as to why the subject e when the remainder of the Fairways at Scenic ce No. 10 -S -29 approved by the City Council e acceptance, consideration, and approval of subject properties cannot be zoned the same as ills neighborhood to the south. It is the opinion is the most appropriate land use for this area. t way to allow for the existing single- family gaining lots to develop is to rezone to PDD to District (PDD) will be subject to the following zoning Proerty within the Covers Cove PDD will develop in accordance with the base zoning of Single- Vpmily Residential District - 2 (R -2) with modifications to the dimensional requirements, and the current Unified Development Code as amended for all other code requirements and specifications. The dimensional requirements change will be as follows: Minimum Lot Size and Minimum Yard Miscellaneous Lot Dimensions : Setback Requirements Area Width Depth Front Side Rear Ft. Maximum Max Sq. Ft. Ft. Ft. Ft. Ft. height Ft. Impervious Cover 7,200 60 120 25 10 20 35 50% 4 -11 -201.7 Minutes Page -14 - The proposal to rezone the property from the current General Business District (GB) to Planned Development District (PDD), to allow residential uses is more appropriate as the subject property lots were platted for residential use, and most are developed with residential homes. The current zoning of these properties as General Business makes these homes legal non - conforming uses which would not allow for certain rights that a home owner in a residential zoned property would have. This could include home expansions, pools, and sheds. The Planning and Zoning Commission conducted the public hearing on March 22, 2017 and offered a recommendation of approval by a unanimous vote. Based on the goals and objectives of the Comprehensive Landl:lse Plan, the existing land use conditions, and history of platting and zoning for this area, Planned Development District is the most appropriate zoning district for these properties. Staff recommends approval of the proposed rezoning as submitted. Mayor Carpenter opened the public hearing. A no one spoke, he closed the public hearing and opened it up to council for comments `and questions to staff. As there Were no further questions or comments from Council, Mayor Carpenter called for a vote. Mayor Carpenter recognized Councilmember Gutierrez to apprc unanimous with Mayor Pro -Tem Thompson, Kiser and Crawford Roll Call Vote Councilmember Thompson recognized City for agenda items 1 -1`0. 10. nests Crawford who moved, seconded by No. 17 - &42, first reading The vote was incilmembers. Davis, Gutierrez, Larson, i10 one voting no. Motion passed. Brenda Dennis who provided the roll call votes Mn Kessel stated that e was inspired at Councilmember Davis's comments last week where he utilized the Spring Clean -up event hosted by the City and Bexar Waste and took a truck load over there this past weekend. Mr. Kessel complimented the folks at Bexar Waste, stating they were very organized and this was a fantastic service — Kudos to : Bexar Waste. Mr. Kessel also stated that he had an opportunity to visit the CTRC facility and those that benefit from their services. He stated that the facility is being remodeled and will become part of MD Anderson who they have partnered with. 1.1. 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 4 -11 -201.7 Minutes Page -15 - consensus of the other City Council members to place or not place the item on a future agenda. Mayor Carpenter recognized Councilmember Thompson who requested an update on the water fountains at the dog park and an update on the fountain repairs in our parks. Mayor Carpenter stated that per the City Charter the Members of Council shall review and discuss their current Rules of Conduct and Procedures as well as their Code of Ethics Ordinance. They need to develop a process and deal with several`items. He would like this on a future agenda for Council discussion. 12. Announcements by Mayor and Councilmembers who thanked the Parks and Recreation. Thompson who encouraged everyone to attend Jay. They have 30 non -profit representatives Mayor Tent stated that since the Special Council Meeting which was held April 4, 2017, he alias been in contact with the City of Cibolo's Mayor Dunn and they are progressing very well with their discussions. A meeting is scheduled for May 24, 2017 that includes the Cibolo Vallley Local Governta,ent Corporation (CVLGC) board of directors. They are proposing to talk about having the meeting that includes the directors of the CVLGC for some amount of time a tei the two councils have had a joint session. At the joint session he feels everyone will have an opportunity to address what needs to be addressed and make sure the interest of both cities are secured to the satisfaction of both and also discuss our ongoing partnerships. The location /time will be determined at a later date and all parties will be notified. Mayor Carpenter also recognized City Attorney Charles Zech who had a new law clerk with him this evening and introduced him to council, Mr. Matthew Longoria. Adjournment Mayor Carpenter adjourned the meeting at 7:53 p.m. 4 -11 -201.7 Minutes Page -16 - Michael R. Carpenter, Mayor Brenda Dennis, City Secretary 4 -11 -201.7 Minutes Page -17 - MINUTES SPECIAL TOWN HALL MEETING April 18, 2017 A Special Town Hall Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 18, 2017, . at 7:00 p.m., in the Cibolo Valley Elementary School - Cafeteria, 4093 Green Valley Road, Cibolo, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James Executive Director .Kyle .Kinateder City Attorney Clarissa Rodriguez City Secretary Brenda Dennis Police Chief Michael Hansen Assistant Fire Chief Kade Long City Engineer Kathy Woodlee IT Director Myles Clauser Marshal Michael Harris Municipal. Court Administrator Patty Veliz Public Affairs Director Linda Klepper Director of Purchasing and Humu Resources J Director of Planning & Community Developmc Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Th6m'0so wford City Manager John Kesel Executive Director Dudley Wait Assistant to the City Manager "Sarah. Gonzalez Law Clerk Matt Longoria Deputy City Secretary Donna Schmbekel Wood to the Thompson) of the United States. (Councilmember Councilmember Thompson provided the opening prayer and led everyone in the pledge of allegiance to the flags of the United States and Texas. Welcome and Introduction • Mayor Michael Carpenter Mayor Carpenter welcomed everyone and reminded any students present that the Hal Baldwin Scholarship Program sheet was available at the front desk. He also encouraged the attendees to complete their comment cards at the end of the meeting and drop them off with staff as well. He provided a verbal outline of how the evening events would be presented. 04 -18 -201.7 Minutes Page - 1 - Discussion and Action item • Resolution No. 17 -R -27 - Consideration and/or action approving a Resolution opposing any modification by the AAMPO of the MTP and/or the TIP for FM 11.03 within the City of Schertz other than the already proposed TXDOT expansion; opposing any agreement or MOU between the City of Cibolo and TXDOT for FM 1.103 within the City of Schertz; supporting the already proposed TXDOT expansion, ownership, operation, and maintenance of FM 1103 within the City of Schertz; supporting the rights of all Texas cities to exercise local control without undue interference or unnecessary involvement from outside or foreign entities or agencies; and other matters in connection therewith. (Mayor /Co'uncil) The following was read into record: RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF TEXAS, OPPOSING ANY MODIFICATION BY METROPOLITAN PLANNING ORGANIZATI METROPOLITAN TRANSPORTATION PLAN CURRENT TRANSPORTATION INCLUDE ANY PLAN OR PRI DOCUMENT THAT INCLUDES OR SECTIONS OF FM 1103 C BOUNDARIES OF THE CITY OF OPPOSING . THE TEXAS OR THE CII VING N THE UZ CITY OF SCHERTZ, AAMMO AREA OF ITS CURRENT 4TP) AND /OR ITS 'ROGRAM (TIP) TO 12 INSTRUMENT OR DUDE ANY PART OF 1 THE CORPORATE Y AGREEMENT OF ANY -KIND BETWEEN TXDOT AND JI PIKE CORPORATION, TXDOT AND CITY OF CIBOLO OF CIBOLO AND THE TEXAS TURNPIKE CORPORATION ►E$ OR INVOLVES OR CONTEMPLATES INCLUDING OR NY, SECT]( ON, OR SECTIONS OF FM 1103 CONTAINED 'ORPORATE BOUNDARIES OF THE CITY OF SCHERTZ; SUPPORTING THE CURRENTLY APPROVED TXDOT FM 1.103 IMPROVEMENT PROJECT TO EXPAND FM 1103 FROM 2 LANES TO 4 LANES WITH MEDIANS, TURN LANES, SIDEWALKS AND BIKE LANES TO BE STATE OWNED, OPERATED, AND MAINTAINED; SUPPORTING' OF THE RIGHTS OF ALL TEXAS CITIES TO EXERCISE THEIR AUTHORITY TO PURSUE AND EFFECT INFRASTRUCTURE IMPROVEMENTS AND ECONOMIC DEVELOPMENT PROJECTS WITHIN THEIR CORPORATE BOUNDARIES IN THE ABSENCE OF UNDUE INTERFERENCE OR UNNECESSARY INVOLVEMENT FROM OUTSIDE OR FOREIGN ENTITIES OR AGENCIES; AND OTHER MATTERS IN CONNECTION THEREWITH 04 -18 -201.7 Minutes Page - 2 - Mayor Carpenter read the resolution and explained the reason for having this `action' item on tonight's Council on the Go Meeting. The reason is that the Alamo Area Metropolitan Planning Organization is meeting next Monday and has on its' docket the inclusion of the MTP, the Cibolo Parkway Project in its entirety. If they were to take action on that on Monday, and include it in its entirety, then it would include the section of FM 1103 that is in the corporate city limits of Schertz. (Copy of the resolution is attached to these minutes — See ExhibitA) He stated it is not Schertz's intent to tell Cibolo how to conduct their business within their own corporate city limits in so long as it does not have a negative, ' ffeot on the City of Schertz and does not include anything within the corporate boundaries 'of the City of Schertz without our assent. Mayor Carpenter stated the purpose of this resolution is to clearly establish our position with regard to their project. The document is ix pages', he subsequently read and spoke about the content of each section of the resolution and what it meant. He pointed out once again that what the resolution `says is that we are asserting as the City of Schertz that we do not wish for FM 1103, within our corporate boundaries, to o, be included in the City of Cibolo's tollway project without our 0sent. Mayor Carpenter stated bef Cibolo and they are atItompti send to, the, M O and to T E documents but �til we h MPO, we have to have this retrain in communication w our position and our lack of without our consent. this meeting he was on the phone with Mayor Dunn from to get copies of draft letters that they are potentially going to t to, say, what we just said. He is hopeful we will receive those them and see them signed and delivered to TxDOT and the M ant in place to assert our rights as a municipality. We will the City of Cibolo to make sure that they clearly understand terest in having our area of FM 11.03 included in their project Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda item 1. Presentations re2ardinj! the specific topics: • Infrastructure (Streets & Waterlines), PCI, Roadway Stewardship Philosophy. Public Works Assistant Director Jimmy Hooks, City Engineer Kathy Woodlee, and Street Supervisor Robert Martinez provided information on updated plans for this area. 04 -18 -201.7 Minutes Page - 3 - Mr. Hooks spoke about an ongoing project to repair /replace waterlines in the Northcliffe area and that they are now in the final phases of this project. The cost is totaling $800,000 and it will probably be another 6 -9 months until it is completed. Staff members remained available to answer questions from the audience. Once this project is done, they can concentrate more on drainage, street repairs, traffic congestion. City Engineer Kathy Woodlee spoke about street repairs and identifying those needing repair. Our focus has had to shift on how we address these. There are 1.64 miles of road in the city. We have done a Pavement Condition Analysis (PCA). Street Supervisor Robert Martinez expanded on the PCI and what it entailed. • Update regarding development in the area, including the and IH 35, The Parklands at Eckhardt Road and Comal IS Director of Planning and Community Developm regarding future development plans for the Homc Eckhardt Road and Comal ISD Middle School #6, commercial /multi family sites, school site, townhoies, other multi- purpose areas. Ms. Wood remained aviil from the audience. • Update regarding FM 1103 road i 1dress questions and comments of concern. FM 1103 Road Improvements and Cibolo Tollway Project (Mayor /Council) the public hearing and took the following questions from the Executive Management and staff responded to them. a. Katie Cunningham, 541 Slippery Rock, Cibolo: -Is there anything else Schertz can or will do to stop the FM 1103 toll road? -If the toll road is approved, it will create additional traffic issues in residential areas (hazmat trucks, speed limits, etc.). Does Schertz have anything planned on how to prevent those other types of residential traffic issues or would it be a state road issue? -When Cibolo approached Schertz about the bond agreement to improve FM 1103, what was it they discussed that would be in the bond? the bike lanes, turn lanes, sidewalks? 04 -18 -201.7 Minutes Page - 4 - b. Ruby Hernandez, 208 Hereford Street, Cibolo: -If TxDOT says they don't want to do a toll road does their decision supersede any other decision pertaining to that road? c. Michelle Womack, 2944 Mineral Springs, who thanked the Mayor for continuing to fight against the Post Oak Clean Green Landfill. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter gave a brief update on the Post Oak Clean Greh Landfill saying this has been proposed to be built over our primary water source locatioatt in Guadalupe County. He was in Austin last week and based on issues and deficienciesir, the submission document as well as testimony from him, other mayors, and other, elected 'officials opposing it, the application was sent back to the administrative law ,edges, which is no",probably at least a one to two year delay as we continue the fight. Adiournment Don 04 -18 -201.7 Minutes Page - 5 - 1 l - M Council on the Go Meetin Questions from residents When will Wimbledon be done tolled in the future? Northcliffe Golf Course? If Charleston, Columbia, Foxbriar, 04 -18 -201.7 Minutes Page - 6 - 5. Richard Eades, 5523 Cypress Point — Streets are being destroyed by large cement trucks coming through; the HOA tried contacting the company and nothing has been done. Builders /contractors are taking advantage of the City. This issue needs to be reviewed. 6. Bill Edmonds, President of the Northcliffe HOA, 4909 Crest Loop Drive, Had a question about Homestead. How many roadways are going to tie in directly to the Fairways or Scenic Hills? All that traffic will be going out their front onto the frontage road. 7. Linda Jerrell, Northcliffe, 4909 Crestwood Drive, Have been promised new roads for many years. Only lights have been installed. Roads that are put down are substandard. The sidewalks are also dangerous. Nothing has been done for thirty years. 8. Dr. Sharon Holland, 599 Wayward Pass, Asked about FM 1518 in southern Schertz. What are plans to install stop lights to improve safety and eventually widen the road? Recommends placing a stop light at Ware - Seguin to slovv,down the traffic out there. 12. Clifford Glassy 2649 Cloverbrook Lane, In regard to Old Wiederstein Road and Cibolo Valley Road�what about adding a stop light? The area is very congested with traffic. 13. Brian Brown, 2980 Sun Ridge Drive (Cibolo Resident), The traffic on FM 1103 to 13 5 backs up in the mornings and a lot of people take a short cut up Wiederstein Road to Fairlawn during school activity (Sippel Elementary) and speed through that school zone area. What can we do to prevent that —speed bumps? Question 2: On Fairlawn, during the time changes and at night time, there is a section that is very dark —who installs lights, the city or the HOA? Question 3: Do we have any street sweeping in our area? 04 -18 -2017 Minutes Page - 7 - 14. Jeff Womack, 2944 Mineral Springs, in his opinion it is our staff here tonight who are the real heroes. At the request of his neighbors, Don and Susan Schatzler, spoke about the Warbler Woods (124 acre bird sanctuary) sitting on the edge of Cibolo and Schertz behind Sippel Elementary School. They feel the toll road and other associated issues is an adverse move for the birds and this area has been a major migration path for them which will then become detrimental to them. 1.5. Fred Cantu, 6050 Mule Deer, With all the improvements you ire going, do the school bus drivers know what is going on; will they need to change "their bus schedules? 16. Penny Jennings, 2501 Hourless Oaks, There is a playground in Belmont Park now. Is there a way we can get a flashing speed limit sign? 04 -18 -2017 Minutes Page - 8 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, WHEREAS, on December 13, 2016, the City of Cibolo approved Resolution Number 1544 which authorized the city manager • the City • Cib• lo to submit to the Texas Department • Transportation (TXDOT) a request to have TXDOT enter into a memorandum of understanding (MOU) • other agreement with the Texas Turnpike Corporation; and, WHEREAS, on December 28, 2016, the city manager of the City • Cibolo did deliver to TXDOT a draft memorandum • understanding (MOU) pursuant to the City of Cibolo's Resolution Number 1544; and, WHEREAS, the aforementioned MOU clearly describes "...the proposed construction of a tollroad project known as The Cibolo Parkway, a public tollroad extending approximately 7 miles from the intersection of Weil Road and FM 1103 in Cibolo, Texas thru and eastward to IH- 10 inclusive of all parts of FM 1103 turned back to the City of Cibolo (the "City ") all together... "; and, WHEREAS, the MOU repeats the City of Cibolo's desire to have the TXDOT FM 1103 improvement project, in its entirety, turned over to the City of Cibolo by TXDOT, to wit: H. FM 1103 from 1H 35 to Weil Road is currently being developed by TXDOT, and the Project contemplates that the City will request as part of the Project to take over this section of FM 1103, under the TXDOT Turn -Back Program. and, WHEREAS, a portion of FM 1103 as described in the draft MOU and specifically as referred to in the aforementioned Section H of the same, as written by the City of Cibolo and delivered to TXDOT by the city manager of the City of Cibolo, includes a section or sections of FM 1103 that exists or exist and is situated or are situated completely within the corporate boundaries of the City of Schertz; and, WHEREAS, the aforementioned MOU was delivered to TXDOT by the City of Cibolo in the absence of notification, consultation, discussion, negotiation, or communication with the City of Schertz regarding the MOU; and, WHEREAS, on January 24, 2017, the Mayor of the City of Cibolo delivered a request to the Alamo Area Metropolitan Planning Organization ( AAMPO) to place the "tollway project" on its Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP); and, WHEREAS, the request to the AAMPO included the aforementioned MOU as delivered to TXDOT by the city manager of the City of Cibolo that clearly describes the desire for a "turnback" of the entirety of the TXDOT- improved FM 1103 to the City of Cibolo; and, WHEREAS, a portion of FM 1103 as described in the draft MOU and delivered as part of the letter to AAMPO sent by the Mayor of the City of Cibolo includes a section or sections of FM 1103 that exists or exist and is situated or are situated completely within the corporate boundaries of the City of Schertz; and, WHEREAS, the aforementioned MOU was delivered to AAMPO as an attachment to the aforementioned letter by the City of Cibolo in the absence of notification, consultation, discussion, negotiation, or communication with the City of Schertz regarding the MOU; and, WHEREAS, on March 10, 2017, the City of Cibolo approved a Development Agreement between the City of Cibolo and the Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation) and, FM 1103 City of Schertz - 2 - WHEREAS, the Development Agreement repeats the City of Cibolo's desire to have the TXDOT FM 1103 improvement project, in its entirety, turned over to the City of Cibolo by TXDOT, to wit: Under TxDOT's "Turn -Back Program" the City [of Cibolo] will request that upon TxDOT's completion of the FM 1103 Improvements that TXDOT transfer to it (or an instrumentality thereoji ownership of FM 1103 from IH 35 to Weil Road including the ROW. and, WHEREAS, a portion of FM 1103 as described in the Development Agreement between the City of Cibolo and the Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation) includes a section or sections of FM 1103 that exists or exist and is situated or are situated completely within the corporate boundaries of the City of Schertz; and, WHEREAS, the aforementioned Development Agreement between the City of Cibolo and the Cibolo Turnpike L.P. (AKA Texas Turnpike Corporation) was executed by the City of Cibolo in the absence of notification, consultation, discussion, negotiation, or communication with the City of Schertz regarding said Development Agreement; and, WHEREAS, the Northeast Partnership for Economic Development (NEP) is a 501 (c)(6) non- profit corporation formed to promote economic growth and quality of life projects in the area northeast of San Antonio; and, WHEREAS, the NEP, by virtue of the Resolution styled NEP 01- 12 -17, expressed its support for the City of Cibolo "tollway project" if and only if and believing that the City of Cibolo "tollway project" was wholly contained within the City of Cibolo's corporate boundaries; and, WHEREAS, the City of Schertz and the NEP, through the Resolution styled NEP 01- 12 -17, strongly support and seek to defend the venerable ideal of local control in municipal government matters, including the right of the City of Cibolo to pursue its tollway project if wholly contained with its corporate boundaries; and, WHEREAS, the Texas Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Transportation Commission Minute Order Number 114264 authorizes the State to undertake and complete a highway improvement generally described as an Expansion of from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes; and, WHEREAS, the City of Schertz has requested that the State allow the City of Schertz to participate in said improvement by funding that portion of the improvement described as the Expansion of FM 1103 from 2 Lanes to 4 Lanes with Medians, Turn Lanes, Sidewalks and Bike Lanes; and, FM 1103 City of Schertz - 3 - WHEREAS, City of Schertz and the State have together determined that such participation between the City of Schertz and the State of Texas is in the best interest of the citizens of the City of Schertz and of the State; WHEREAS, the City of Schertz voters supported the participation in the currently approved FM 1103 improvement project with TXDOT through their support of the 2015 General Obligation Bonds for FM Roadway improvements, with $2,000,000.00 allocated specifically to the currently approved FM 1103 project as a grant to the State of Texas; and WHEREAS, the City of Schertz entered into a fixed price joint participation agreement to contribute to the State funding to support defraying the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System related to Highway No. FM 1103, and as authorized by the voters of the City of Schertz; and WHEREAS, the City of Schertz, a partner with TXDOT on the FM 1103 Project, supports the continued and proper use of the authorized General Obligation Bond funds for a State owned, operated, and maintained Highway No. FM 1103; and WHEREAS, the City of Schertz opposes any plan, project, change to plan, or change to project that would adversely affect and /or negatively impact the City of Schertz and /or the motoring public that builds upon or amends or otherwise seeks to make changes to the current TXDOT FM 1103 expansion project without the express and written consent of the City of Schertz in the presence of a duly passed resolution stating the same; and WHEREAS, the City of Schertz opposes any plan, project, change to plan, or change to project that would remove, limit, or seek to limit State or City of Schertz local control over roadways currently within the corporate boundaries of the City of Schertz; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City of Schertz categorically opposes the turning over or turnback or sale or other release or transfer of State owned or controlled roads, highways, road improvements, roadway rights of way or any other State controlled or owned roadway asset situated or located within the corporate boundaries of the City of Schertz to any individual, corporation, company, partnership, political subdivision of the State or any other legal entity other than the City of Schertz. Section 2. The City of Schertz categorically opposes any modification to the AAMPO Metropolitan Transportation Plan (MTP) and /or the Transportation Improvement Program (TIP) that changes, seeks to make changes to or contemplates making changes to the existing TXDOT FM 1103 improvement plan that contemplates including or actually includes any section or sections of FM 1103 that are existing or situated within the corporate boundaries of the City of Schertz, particularly as proposed in the MOU as submitted by the City of Cibolo in its letter to the AAMPO dated January 24, 2017. FM 1103 City of Schertz - 4 - Section 7. The City of Schertz opposes any plan, project, change plan, or change to project that would adversely affect and/or negatively impact City of Schertz • remove, limit, or seek to limit State or City of Schertz loc control over roadways existing • situated within the corporate boundaries • t City of Schertz. Section 8. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all FM 1103 City of Schert7 - 5 - lawful purposes and are adopted as a part of the judgment and findings of the City Council, Section 9. All resolutions, or parts thereof, which are in conflict inconsistent with any provision of this Resolution are hereby repealed to the exte of such conflict, and the provisions of this Resolution shall be and rem controllig as to the matters resolved herein. I 11gli 1[ 1� �111 1111.1111�1' TT"Ji F I , I C 44J���ffl MMKOTINMIFE FA 4 1SecmQre�tary,Brenda -Dennis FM 1103 City of Schertz - 6 - Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 25, 2017 Department: Engineering / Public Works Subject: Ordinance No. 17 -D -14 - An Ordinance by the City Council of the City of Schertz, Texas providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Article V, Section 86- 149 Parking Prohibited. (Final Reading) BACKGROUND Fairway Ridge Subdivision residents requested that the city look into vehicles parking in front of the drainage channel and possibly restricting flow (Exhibit A) during rain events. When flow is restricted from efficiently entering the channel, water backing up in the street is more significant than when runoff is allowed to run into the inlet unimpeded. The area of interest for no parking is in the vicinity of the drainage inlet in front of 3145 Cameron River (Exhibit A). Staff is also investigating additional drainage improvements in the same drainage system in the Fairway Ridge Subdivision. The restriction from having any vehicles parked in front of the inlet is the first step toward improving drainage in the vicinity. This situation was presented to the Transportation. Safety Advisory Commission (TSAC) at the regular meeting on April 6, 2017. TSAC recommended approval of a "No Parking" ordinance in front of the drainage structure on Cameron River. City Council approved this on first reading at their meeting of April 1.1, 2017. . Goal To ensure that City Drainage Channels are not restricted of flow. Community Benefit To provide for unobstructed runoff conveyance into the City's drainage channel systems. Summary of Recommended Action Recommend approval on final reading to prohibit parking in front of the drainage inlet on Cameron River in the Fairway Ridge Subdivision. FISCAL IMPACT The fiscal impact will be approximately $100 for no parking signs paid out of FY 2016 -17 approved budget account number 101- 359 - 551.600 Street Maintenance. RECOMMENDATION Staff recommends Council approve on final reading Ordinance No. 17 -D -14 to amend Chapter 86, Article V, Section 86 -149 Parking :Prohibited of the Code of Ordinances to include No Parking in front of the drainage inlet shown on Exhibit A. Exhibit A: Proposed No Parking Zone ( -25 ft.) in Front of Drainage Inlet on Cameron River in Fairway Ridge Subdivision. ATTACHMENT Ordinance No. 17 -D -14 ORDINANCE NO. 17 -D -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 86, ARTICLE V, SECTION 86 -149 PARKING PROHIBITED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been established that parking should be prohibited adjacent to the drainage inlet on Cameron River in the Fairway Ridge Subdivision. The No Parking zone will be limited to —25' along the curb perpendicular to the drainage inlet. This No Parking area is not currently covered under Chapter 86, Article V, Section 86 -149 Parking Prohibited of the City Code of Ordinances; and WHEREAS, it is recommended to add these areas as shown in Exhibit A to the City Code of Ordinances under Article V, Section 86 -149, Parking Prohibited. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. Chapter 86, Article V, Section 86 -149 of the Code of Ordinances, Parking Prohibited by the City of Schertz, Texas is amended to add the following: (a) When signs are erected and/or, when recommended by the City Engineer or the Chief of Police, curb(s) are marked by painting them red with "No Parking" painted in white letters thereon, giving notice thereof, no person shall park a vehicle at any time (or at times as limited) upon any of the following streets or portions thereof. Street Extent Cameron River 25' of linear curb in front of Drainage Inlet at intersection with Eagle Valley Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 8. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the 1 lth day of April 2017. PASSED, APPROVED AND ADOPTED on final reading the 25th day of April, 2017. . Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 25, 2017 Department: Planning & Community Development Subject: Ordinance No. 17 -5 -12 — Conduct a public hearing and consideration and /or action to rezone approximately 4 acres of land generally located at the intersection of lH 35 Frontage Road and Covers Cove, from General Business (GB) to Planned Development District (PDD). The area in the proposed rezone includes the following addresses, all located along Covers Cove: 6001, 6005, 6009, 6013, 6014, 6017, 6018, 6021, 6022, 6025, and 6026. (Final Reading) BACKGROUND This is a city initiated rezone of approximately 4 acres of land from General Business District (GB) to Planned Development District (PDD). The subject area currently has eight (8) single family residences, two (2) vacant / undeveloped properties, one (1) lift station lot, and a portion of one 16' wide drainage lot. The subject area is generally located at the intersection of lH 35 Frontage Road and Covers Cove extending into the subdivision approximately 700 feet. The properties included are The Fairways at Scenic Hills Unit 3B block 15: Lots 22 -25, Block 1.7: Lots 4 -6, 27 and a portion of lot 28, a 16' wide drainage right -of -way, and Northcliffe l: Lots 1 -3. The subject properties are designed to be residential lots with the exception of the lift station lot and the drainage lot. The public hearing notice was published in the San Antonio Express News on March 24, 2017. . Twenty -one (21) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on March 8, 2017, . prior to the Planning & Zoning Commission meeting that took place on March 22, 2017. At the time of this report, Staff has received two (2) responses in favor, one (1) response opposed, and zero (0) responses neutral to the request. Comments received at the March 22, 2017 Planning & Zoning Commission Public Hearing: City Council Memorandum Page 2 • Thomas Mailhiot, 6038 Covers Cove, asked about the land uses that will be permitted with the proposed rezone in relation to what is currently permitted, and asked about the choice of Planned Development District zoning rather than a straight residential zoning. City Council approved this on first reading at their meeting of April 11, 2017. Goal The proposed rezone is for approximately 4 acres of land from General Business District (GB) to Planned Development District (PDD). The goal in this proposed rezone is to allow for single - family residential use. Community Benefit It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth. Summary of Recommended Action The Comprehensive Land Use Plan (CLUP) through the Future Land Use Plan designates the subject property as Highway Commercial. The purpose of Highway Commercial is to provide for regional scale retail and commercial uses that can take advantage of the highway frontage. • Comprehensive Land Plan Goals and Objectives: The proposed rezoning is generally in conformance with the goals and objectives of the Comprehensive Plan. Specifically, the proposed rezoning to PDD with a base zoning of Single - Family Residential- 2 (R -2) provides for compatible land uses with the existing single - family homes to the south and is directly compatible with the future commercial development to the east and existing golf course to the west. The Future Land Use Plan is a graphic representation that is intended to help the City's elected and appointed officials and residents visualize the desired future land development pattern in the community and does not constitute zoning regulations nor establish zoning districts. The proposed rezoning to PDD with a base zoning of R -2 is a more appropriate zoning designation than commercial zoning for this area due to the existing neighborhood development adjacent to and within the subject area. • Impact on Infrastructure: The proposed zoning request should have a minimal impact on the existing and planned water and wastewater systems. • Impact on Public Facilities /Services: The proposed rezoning should have a minimal impact on public services, such as schools, fire, police, parks and sanitation services. • Compatibility with Existing and Potential Adjacent Land Uses: The subject property is generally surrounded by single family land uses. The property was also intended for single family land use when it was originally platted. The Planned Development District (PDD) will allow for residential use of the property. City Council Memorandum Page 3 The Fairways at Scenic Hills Unit 3B was final platted in September of 2006. This final plat established 46 residential lots, 1 greenbelt, 1 park, and 1 sanitary sewer lift station. With this plat eight (8) of the subject property lots were created. The final plat for The Fairways at Scenic Hills Unit 3B was recorded with a note that states "Existing zoning pre development with a R -6 use with variance to setback requirements." Staff has interpreted this note to mean that the subdivision was created while the property was zoned pre development. However, the desire for the property was to allow for single family residential in accordance with the R -6 lot dimensions with a setback alteration. The plat also states a portion of the plat exists within the General Business zoning. Additionally, within the subject area of this rezone are three (3) lots out of the Northcliffe 1 subdivision, which was subdivided and platted before it was annexed into the City. This area along IH 35 has been zoned General Business since 1996. . When the Fairways at Scenic Hills Unit 3B was created it was platted following a Single Family Residential — 6 (R -6) lot dimension layout. Additionally, the remainder of the Fairways at Scenic Hills Unit 313 is currently zoned R -6. It is unclear as to why the subject properties were not rezoned for a residential use when the remainder of the Fairways at Scenic Hills was completed. The approval of Ordinance No. 10 -5 -29 approved by the City Council on September 28, 2010, . which prohibits the acceptance, consideration, and approval of requests to zone property to R -6 and R -7, the subject properties cannot be zoned the same as the rest of the developed Fairways at Scenic Hills neighborhood to the south. It is the opinion of staff that a single- family residential zoning is the most appropriate land use for this area. Additionally, it is staff's opinion that the best way to allow for the existing single - family residential use to continue and for the two remaining lots to develop is to rezone to PDD to allow for single - family residential use. The proposed Planned Development District (PDD) will be subject to the following zoning standards: Property within the Covers Cove PDD will develop in accordance with the base zoning of Single - Family Residential District - 2 (R -2) with modifications to the dimensional requirements and the current Unified Development Code as amended for all other code requirements and specifications. The dimensional requirements change will be as follows: Minimum Lot Size and Minimum Yard Miscellaneous Lot Dimensions Setback Requirements Area Width Depth Front Side Rear Ft. Maximum Max Sq. Ft. Ft. Ft. Ft. Ft. height Ft. Impervious Cover 7,200 60 120 25 10 20 35 50% The proposal to rezone the property from the current General Business District (GB) to Planned Development District (PDD), to allow residential uses is more appropriate as the subject property lots were platted for residential use, and most are developed with residential homes. The current zoning of these properties as General Business makes these homes legal non - conforming uses which would not allow for certain rights that a home owner in a residential zoned property would have. This could include home expansions, pools, and sheds. City Council Memorandum Page 4 FISCAL IMPACT RM The Planning and Zoning Commission conducted the public hearing on March 22, 2017 . and offered a recommendation of approval by a unanimous vote. City Council approved this on first reading at their meeting of April 11, 2017. Staff recommends approval of Final Reading of Ordinance 17 -5 -12. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, and history of platting and zoning for this area, Planned Development District is the most appropriate zoning district for these properties. Staff recommends approval of the proposed rezoning as submitted. ATTACHMENT Ordinance No. 1.7 -5 -1.2 ORDINANCE NO. 17 -S -12 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 4 ACRES OF LAND FROM GENERAL BUSINESS, (GB) TO PLANNED DEVELOPMENT DISTRICT (PDD). WHEREAS, the City has initiated a rezone of approximately 4 acres of land generally located at the intersection of IH 35 Frontage Road and Covers Cove and more specifically described in the Exhibit A and Exhibit B attached herein (herein, the "Property "); and WHEREAS, the City's Unified Development Code Section 21.5.4.D. provides for certain criteria to be considered by the Planning and Zoning Commission in making recommendations to City Council and by City Council in considering final action on a zone change (the "Criteria "); and WHEREAS, on March 22, 2017, the Planning and Zoning Commission conducted a public hearing and, after considering the Criteria, made a recommendation of approval of the rezoning according to the development standards set forth in Exhibit C attached herein (the "Development Standards "); and WHEREAS, on April 11, 2017 . the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the requested zoning be approved as provided for herein. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The Property as shown and more particularly described in the attached Exhibit A and Exhibit B, is hereby zoned Planned Development District (PDD). Section 2. The Official Zoning Map of the City of Schertz, described and referred to in Article 2 of the Unified Development Code, shall be revised to reflect the above amendment. Section 3. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 4. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 5. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 6. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Section 9. This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. Approved on first reading the l lth day of April, 2017. PASSED, APPROVED AND ADOPTED on final reading the 25th day of April, 2017. Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A "The Property" The property consists of the following lots: • The Fairways at Scenic Hills Unit 3B Subdivision Lot 22, Block 15 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 23, Block 15 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 24, Block 1.5 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 25, Block 15 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 4, Block 17 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 5, Block 17 • The Fairways at Scenic Hills Unit 3B Subdivision Lot 6, Block 17 • The Northcliffe 1 Subdivision Lot 1 • The Northcliffe 1. Subdivision Lot 2 • The Northcliffe 1 Subdivision Lot 3 • A portion of The Fairways at Scenic Hills Unit 3B Subdivision Lot 28, Block 17 extending 204 feet southeast from the north western property line Exhibit B "The Property" 0 w CL 0 cn UA LU uj 0 C—) \: \ / Exhibit C "The Development Standards" Property within the Covers Cove PDD will develop in accordance with the base zoning of Single - Family Residential District - 2 (R -2) with modifications to the dimensional requirements and the current Unified Development Code as amended for all other code requirements and specifications. The dimensional requirements change will be as follows: Minimum Lot Size and Minimum Yard Setback Miscellaneous Lot Dimensions Requirements Area Width Depth Front Side Rear Maximum Max Sq. Ft. Ft. Ft. Ft. Ft. Ft. height Ft. Impervious Cover 7,200 60 120 25 10 20 35 50% Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 25, 2017 Department: Subject: City Secretary Boards, Commissions and Committee Member Resignations and Appointments The City Secretary's office received an application from Mr. Robert Sheridan who is interested in serving on the Parks & Recreation Advisory Board. The Board currently has an Alternate position available at this time. Mr. Sheridan's application was vetted through the Interview Committee and it was agreed to place him on this board. FISCAL IMPACT None RECOMMENDATION Staff recommends appointing Mr. Robert Sheridan to the Parks & Recreation Advisory Board as an Alternate member. Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 25, 2017 Department: Subject: Mayor /Council Council Rule 17 -CR -01 - A Rule Established by the City Council of the City of Schertz, Pursuant to the City Council Rules of Procedure, Establishing a Committee of the City Council to study and make recommendations to the full City Council with regards to improvements or other changes or policies that affect or might affect Main Street. At the Pre- Budget Retreat of Friday, March 24, 2017 Councilmembers discussed the Main. Street project. At that meeting and at the Regular Meeting of March 28, 2017 a request was made by Mayor Carpenter to form a Committee of three Council Members and himself to meet and discuss ideas and possible future plans for Main Street based upon the Main Street discussion at the retreat. The Committee will provide periodic updates to the full Council regarding their progress. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of Council Rule 17 -CR -01 ATTACHMENTS Council Rule 17 -CR -01 COUNCIL RULE 17 -CR -0 1 A RULE ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, PURSUANT TO THE CITY COUNCIL RULES OF PROCEDURE, ESTABLISHING A COMMITTEE OF THE CITY COUNCIL TO STUDY AND MAKE RECOMMENDATIONS TO THE FULL CITY COUNCIL WITH REGARDS TO IMPROVEMENTS OR OTHER CHANGES OR POLICIES THAT AFFECT OR MIGHT AFFECT MAIN STREET The City Council, in an action appurtenant to its Rules of Procedure, Article 11, Section 1.1.2, does hereby establish an ad hoc committee of the City Council whose purpose shall be to discuss, investigate, inquire and otherwise conduct activities that will result in a recommendation or recommendations to the full City Council as to the future of Main Street, to include the use of bond monies for improvements, setting of policies, alteration or creation of zoning, and other matters that the committee members see as might be advantageous to the City of Schertz. The committee shall meet at times and places of its designation and shall report its findings to the City Council periodically as it sees fit. The committee shall conduct its meetings in accordance with state law and particularly its meetings shall be posted and open to the public so as to comply with the several provisions of the Texas Open Meetings Act. The committee shall initially consist of four members: The Mayor, Council Place 1, Council Place 2 and Council Place 4. The committee is construed formed and existing upon passage of this rule. The committee ceases to exist when this rule is terminated or when the committee deems to have completed its work. Cedric Edwards, Mayor Pro Tempore IU I0IU [o7 71L,1111101 City Council Meeting: Department: Subject: Informational. Item 9 April 25, 2017 Economic Development Amazon.com 2016 Property Tax Grant according to the Economic Development Incentive Agreement History: In 2012, the City Council approved an Economic Development Incentive Agreement among the City of Schertz, the City of Schertz Economic Development Corporation, Guadalupe County, and Amazon.com.kydc, LLC. ( "Amazon ") (the "Agreement "). The Agreement includes two annual incentives that Amazon may qualify for including the Property Tax Grant and Sales Tax Grant. Property Tax Grant: Under the Agreement and subsequent amendments, the City agreed to provide six (6) annual Property Tax Grants worth 70% for the first three years and 60% for the final three years on all property taxes paid. In consideration, Amazon agreed to construct a 1,261,980 square foot facility, create $166 million of New Investment, maintain at least $125 million of Taxable Property, and employ at least 380 full -time employees with at minimum Annual Payroll of at least $12 million. On April 17, 2017, Amazon reported its compliance to the Agreement. Amazon has paid all real and personal property taxes for the 2016 . calendar year (Exhibit A). As part of the Annual Development Incentive and Compliance Report, Amazon reported that it had (Exhibit 13): Y Maintained its operations in Schertz according to the Agreement. Y Employed an average of 920 Full-Time Jobs for the year including 918 Full -Time Jobs on January 1, 2016 and 945 Full -Time Jobs on December 31, 2016. The number of Full -Time Jobs exceeds the minimum requirement of 380. Y Paid $31,140,406.59 in Annual Payroll which is beyond the minimum Annual Payroll of $12,000,000. Y Reported $138,142,480 in Taxable Property which is beyond the minimum Taxable Property threshold of $125,000,000. Sales Tax Grant: The Agreement provides a Sales Tax Grant if Amazon generates at least $100 million in Project Taxable Sales for the calendar year. In 2016, Amazon did not generate sufficient Project Taxable Sales so they did not qualify for the 2016 Sales Tax Grant. FISCAL IMPACT Amazon paid $704,607.76 in property taxes to the City of Schertz for the 2016 calendar year. As part of the 2016 . Property Tax Grant, Amazon will receive a rebate of $477,898.08 and the City will receive $230,310.46. The 2016 Property Tax Grant will be paid by June 3, 2017 from the City's General Fund as budgeted in the City's FY 2016 -17 budget. The methodology outlined in the Agreement was used to calculate the 2016 Property Tax Grant and includes the following: Y 2016 Property Tax Grant = New Ad Valorem Taxes * 2016 Schertz tax rate * Year 3 grant percentage • The New Ad Valorem Tax value equals $139,016,809 which was calculated by adding $62,488,179 in real property and $80,987,236 personal property and subtracting a base value of $4,458,606 • The 2016 Schertz tax rate was $0.491.1 per $1.00 of taxable investment • The Year 3 grant percentage was 70% Y Calculation: 139,483,489 * 0.4911% * 70% = $477,898.08 Staff has evaluated the Agreement and found that Amazon is compliant for the 2016 tax year. Staff recommends that the City Council authorize the reimbursement in accordance with the Agreement and pay $477,898.08 ATTACHMENT(S) Exhibit A: Statements of Account • Statement of Account — Quick Reference ID: R31780 Land • Statement of Account — Quick Reference ID: R677781 Improvements • Statement of Account — Quick Reference ID: P331247 Machinery and Equipment • Statement of Account — Quick Reference ID: P331248 Inventory Exhibit B: 2016 Annual Development Incentive Compliance and Certification Report • Annual Development Incentive Compliance and Certification Report • Attachment A — 2016 Local Sales & Use Tax • Attachment B — Narrative Exhibit A Statement of Accounts DocuSign Envelope ID: 25652663- 8002- 4FB4- 9D3A- B710D4156521 Annual Development Incentive Compliance and Certification Report Reporting Period: January 1 to December 31, 2016 Project Information: Project Name: SAT 1 Address of Project subject to Incentive: 6000 Schertz Parkway, Schertz, TX 78154 Property Owner: Texas Circle 161, LLC Company Name: Amazon.com.kydc LLC Project Contact: Eric Murray Title: Sr. Manager Economic Development Telephone: 202- 763 -5024 Email: murrayem @amazon.com Employment: Employed undocumented workers at the project? F_/1 ❑� X NO Average Number of Full -Time Jobs located at the Project during the 2016 Calendar Year: 920 Number of Full -Time Jobs located at Project on January 1, 2016: 918 Number of Full -Time Jobs located at Project on December 31, 2016: 945 Wages: Total Annual Payroll with respect to Full -Time Jobs located at the Project for the 2016 Calendar Year: $31,140,406.59 Real Property: 2016 appraised ad valorem tax value — land (Property ID 64735): $5,332,935 2016 appraised ad valorem tax value — improvements (Property ID 149870): $57,155,244 Personal Property: 2016 appraised ad valorem tax value — machinery, equipment, and other business personal property (Property ID 153094): $51,859,498 2016 appraised ad valorem tax value — inventory (Property ID 153095): $78,125,552($29,052,159 taxable) Annual Development Incentive Compliance and Certification Report Page 1 of 2 DocuSign Envelope ID: 25652663- 8002- 4FB4- 9D3A- B710D4156521 Total Project Taxable Sales for Calendar Year 2016: $ Please see Attachment A ❑1 Copies of the sales tax reports filed with the corresponding receipts received from the Texas Comptroller for each of the reporting periods within the Calendar Year showing that the Project Sales Taxes for each reporting period have been paid in full and received by the Texas Comptroller, which reports and receipts may be redacted to remove information not related to the project or the Property (each a "Comptroller Receipt ") ❑✓ Brief narrative Highlighting the progress and status of the Project (Please see Attachment B) VF-41 If applicable, a statement addressing any failure to meet requirements of the Incentive Agreement and a plan for rectification. (Not Applicable). I certify that, to the best of my knowledge and belief, the information and attachments provided herein are true and accurate and in compliance with the terms of ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT (AMAZON.COM.KYDC LLC). I further certify that the representations and warranties of Developer contained within the Agreement remain true and correct as of the date of this Certification, and Amazon.com.kydc LLC remakes those representations and warranties as of the date hereof. I understand that this Certificate is being relied upon by the City and SEDC in connection with the expenditure of public funds. I have the authority to sign this Certificate on behalf of Amazon.com.kydc LLC. Braden Cox Name of Certifying Officer 202 - 442 -2293 8lh M!iG Signature o Certifying Officer Vice President Certifying Officer's Title 206 - 747 -4311 Fax Number April 17, 2017 Date The following Annual Development Incentive and Compliance Report has been amended form its original form and approved as part of Amendment No. 2 to the Economic Development Agreement. Please sign and return an original to the following: City of Schertz Economic Development Corporation 1400 Schertz Parkway, Bldg. No. 2 Schertz, TX 78154 Guadalupe County Commissioner's Court Guadalupe County Justice Center 211 West Court Street Seguin, TX 78155 Annual Development Incentive Compliance and Certification Report Page 2 of 2 Attachment A Summary of Texas local use tax from January 2016 - December 201,6 Period 2016 Amount Su Jan-16 City of Schertz Feb-1.6 0.0050 Tax Rate Mar-16 $ Apr-16'$ May-16 $ Jun-16 $ Jul-1,6 $ Aug -16; $ Sep-16 $ Oct -16" $ Nov-16 $ Dec-16 5 Totals Guadalupe County City of Schertz to Local UseTax 0.0050 Tax Rate 3.0150 Tax Rate 1,32,71,0.00 663.55 1,990.65 ,9,6,34.00 46.17 1,444.51 (1,21?385.00) (61.93) (1,S5.78) 78,233.&0 3-9 1. 17 1,173.510 38,313.00 $ 1,91657 $ 574.70 IS, 3 6,0.00 $ 91.810 $ 275.40 20,6131M J.0:3 001 3,G,9.{)2 41,30,6.00 2,05.54 $ 619.62 638, 729.00, 4J93.65 $ 12,.5 50.94 850,679.00 4,253.40 $ 12,760.19 1,222,994.0,0 6,110047 $ 16,331.41, 6,763,31S.0J0 $ 33,1946.59 10,1,539.77 10,007,594.00 50,037.97 $ 150J13.91 Attachment B AMAZON.COM.KYDC, LLC Brief Narrative Highlighting The Progress and Status of the Project City of Schertz and Guadalupe County Annual Development Incentive Compliance and Certification Reports Section IX — Additional Information Brief Narrative Highlighting the Progress and Status of the Project After originally opening in September 2013, . Amazon.com.kydc LLC's SAT facility began a comprehensive retrofit in February 2014 in order to incorporate robotic technology. The planned improvements were completed in October 2014, . with a certificate of occupancy issued in September 2014. As of December 31, 2015, the facility represented a cumulative taxable property value of $140,609,160 and employed 906 Full Time employees. A forma] launch event occurred on April 1.7, 2015, . after which the facility was deemed to be fully operational and the project was completed. Exhibit B 2016 Annual Development Incentive Compliance and Certification Report © 2003 Tyler Technologies, Inc. QUickReflD: R31780 Issue Date: 4/17/2017 Page 1 of 1 Statement Of Account Issue Date : 4/17/2017 Office of Tavie Murphy Tax Assessor - Collector This is a statement of taxes paid and due as of 4/17/2017 based upon the tax Guadalupe Tax Office records of the Office of Tavie Murphy Tax Assessor - Collector. 307 W. Court Seguin, TX 78155 This document is not a tax certificate and does not absolve a taxpayer from tax Ph: (830) 379 -2315 Fax: (830) 303 -3421 liability in any way. Should this document be found to be in error, it may be corrected by the collections office. Responsibility to pay taxes remains with the taxpayer as outlined in the Texas Property Tax Code. Property Information Owner Information Property ID : 1G3383-1509-00400-0-00 Owner ID: 00204049 Quick -Ref ID: R31780 Value Information TEXAS CIRCLE 161 LLC Land HS $0.00 C/O CIRCLE INDUSTRIAL LLC 6000 SCHERTZ PARKWAY Land NHS $5,332,935.00 930 MANHATTAN BEACH BLVD SUITE SCHERTZ 78154 Imp HS $0.00 B Imp NHS $0.00 MANHATTAN BEACH, CA 90266 VERDE ENTERPRIS BUS Ag Mkt $0.00 0 Ownership: 100.00 /o PARK #15 BLK: 9 LOT: 4 Ag Use $0.00 96.06 ACS "AMAZON" Tim Mkt $0.00 Tim Use $0.00 HS Cap Adj $0.00 Assessed $5,332,935.00 Entity Year Tax Discount P&I Atty Fee TOTAL' CSC 2016 26,190.05 0.00 0.00 0.00 ! 0.06 GGU 2016 17,657.34 0.00 0.00 0.00 0.00 RLT 2016 2,879.78 0.00 0.00 0.00 0.00' SCS 201`6 78,394.14 i ;0.00 0.00 0.00 0.00' Total for current bills if paid by 4/30/2017: $0.00 Total due on all bills 4/30/2017: $0.00 2016 taxes paid for entity CSC $26,190.05 2016 taxes paid for entity GGU $17,657.34 2016 taxes paid for entity RLT $2,879.78 2016 taxes paid for entity SCS $78,394.14 2016 Total Taxes Paid : $125,121.31 Date of Last Payment : 01/19/17 © 2003 Tyler Technologies, Inc. QUickReflD: R31780 Issue Date: 4/17/2017 Page 1 of 1 Issue Date : 4/17/2017 Statement Of Account Office of Tavie Murphy Tax Assessor-Col lector This is a statement of taxes paid and due as of 4/17/2017 based upon the tax Guadalupe Tax Office records of the Office of Tavie Murphy Tax Assessor - Collector. 307 W. Court This document is not a tax certificate and does not absolve a taxpayer from tax Seguin, TX 78155 liability in any way. Should this document be found to be in error, it may be Ph: (830) 379-2315 Fax: (830) 303-3421 corrected by the collections office. Responsibility to pay taxes remains with the taxpayer as outlined in the Texas Property Tax Code. Property Information Owner Information Property ID : 7G0002-1029-00010-4-13 Owner ID: 00151309 Quick-Ref ID: R677781 Value Information US REAL ESTATE LP Land HS $0-00 DBA USAA REAL ESTATE CO 5900 MID-CITIES PKWY Land NHS $0.00 9830 COLONNADE BLVD SUITE 600 SCHERTZ Imp HS $0.00 SAN ANTONIO, TX 78230 Imp NHS $57,155,244. IMPROVEMENT LOCATED Ag Mkt Ownership: 100.00% $0.00 @ 5900 MID - CITIES PKWY Ag Use $0.00 SCHERTZTX Tim Mkt $0.00 Tim Use $0.00 HS Cap Adj $0.00 Assessed $57,155,244. Entity Year Tax Discount P&I Atty Fee TOTAL CSC 2016 280,689.40 0.00 0.00 0.00 0.00 GGU 2016 189,241.01 0.00 0.00 0.00 OM RLT 2016 30,863.83 0.00 0.00 0.00 0.00 SCS 2016 840,182.09 0.00 0.00 OM 0.00 Total for current bills if paid by 4/30/2017 $0.00 Total due on all bills 4/30/2017 $0.00 2016 taxes paid for entity CSC $280,689.40 2016 taxes paid for entity GGU $189,241.01 2016 taxes paid for entity RLT $30,863.83 2016 taxes paid for entity SCS $840,182.09 2016 Total Taxes Paid : $1,340,976.33 Date of Last Payment : 02/08/17 @ 2003 Tyler Technologies, Inc. QuickRefID: R677781 Issue Date: 4/17/2017 Page 1 of 1 Issue Date : 4/17/2017 Statement Of Account Office of Tavie Murphy Tax Assessor- Collector This is a statement of taxes paid and due as of 4/17/2017 based upon the tax Guadalupe Tax Office records of the Office of Tavie Murphy Tax Assessor - Collector. 307 W. Court This document is not a tax certificate and does not absolve a taxpayer from tax Seguin, TX 78155 liability in any way. Should this document be found to be in error, it may be Ph: (830) 379 -2315 Fax: (830) 303 -3421 corrected by the collections office. Responsibility to pay taxes remains with the taxpayer as outlined in the Texas Property Tax Code. Property Information Owner Information Property ID : 7G0002- 0295 - 00010 -3 -14 Owner ID: 00164274 Quick -Ref ID: P331247 Value Information AMAZON.COM.KYDC LLC Land HS $0.00 PROPERTY TAX DEPT 5900 MID- CITIES PKWY Land NHS $0.00 P 0 BOX 81207 SCHERTZ 78154 Imp HS $0.00 SEATTLE, WA 98108 Imp NHS $0.00 MACHINERY & EQUIPMENT Ag Mkt $0.00 Ownership: 100.00% LOCATED @ 5900 MID Ag Use $0.00 CITIES PKWY SCHERTZ TX Tim Mkt $0.00 78154 Tim Use $0.00 HS Cap Adj $0.00 Assessed $51,859,498. Entity Year Tax Discount P &l Atty Fee TOTAL CSC 201!6 254,682.00 0.00 0.00 0.00 0.00' GGU 201!6 171,706.80: 0.00 0!.00 0.00 0.00' RLT 2016 28,004.13 0.00 0.00 0.00 0.00 SCS 2016 762,334.62 0.00 0.00 0.00 0.00 Total for current bills if paid by 4/30/2017: $0.00 Total due on all bills 4/30/2017: $0.00 2016 taxes paid for entity CSC $254,682.00 2016 taxes paid for entity GGU $171,706.80 2016 taxes paid for entity RLT $28,004.13 2016 taxes paid for entity SCS $762,334.62 2016 Total Taxes Paid : $1,216,727.55 Date of Last Payment : 12/20/16 © 2003 Tyler Technologies, Inc. QUickReflD: P331247 Issue Date: 4/17/2017 Page 1 of 1 Issue Date : 4/17/2017 Statement Of Account Office of Tavie Murphy Tax Assessor- Collector This is a statement of taxes paid and due as of 4/17/2017 based upon the tax Guadalupe Tax Office records of the Office of Tavie Murphy Tax Assessor - Collector. 307 W. Court This document is not a tax certificate and does not absolve a taxpayer from tax Seguin, TX 78155 liability in any way. Should this document be found to be in error, it may be Ph: (830) 379 -2315 Fax: (830) 303 -3421 corrected by the collections office. Responsibility to pay taxes remains with the taxpayer as outlined in the Texas Property Tax Code. Property Information Owner Information Property ID : 7G0002- 0295 - 00030 -3 -F1 Owner ID: 00164274 Quick -Ref ID: P331248 Value Information AMAZON.COM.KYDC LLC Land HS $0.00 PROPERTY TAX DEPT 5900 MID- CITIES PKWY Land NHS $0.00 P 0 BOX 81207 SCHERTZ 78154 Imp HS $0.00 SEATTLE, WA 98108 Imp NHS $0.00 INVENTORY LOCATED @ Ag Mkt $0.00 Ownership: 100.00% 5900 MID CITIES PKWY Ag Use $0.00 SCHERTZ TX 78154 Tim Mkt $0.00 Tim Use $0.00 HS Cap Adj $0.00 Assessed $78,321,426. Entity Year Tax Discount P &l Atty Fee TOTAL CSC 201!6 143,046.32 0.00 0.00 0.00 0.00' GGU 2016 96,441.94 0.00 0!.00 0.00 0.00' RLT 2016 15,728.98 0.00 0.00 0.00 0.00 SCS 2016 428,177 75 0.00 0.00 0.00 ' 0.00 Total for current bills if paid by 4/30/2017: $0.00 Total due on all bills 4/30/2017: $0.00 2016 taxes paid for entity CSC $143,046.32 2016 taxes paid for entity GGU $96,441.94 2016 taxes paid for entity RLT $15,728.98 2016 taxes paid for entity SCS $428,177.75 2016 Total Taxes Paid : $683,394.99 Date of Last Payment : 12/20/16 © 2003 Tyler Technologies, Inc. QUickReflD: P331248 Issue Date: 4/17/2017 Page 1 of 1