04-11-2017 MinutesMINUTES
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 94, 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 Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember Robin Thompson
Councilmember Bert Crawford
City Manager John Kessel
Executive Director Dudley Wait
City Secretary Brenda Dennis
Councilmember Thompson called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Minister C.D. Peterson, Resurrection Baptist Church)
Minister Peterson provided the opening prayer followed by the pledges of allegiance to the flags of
the United States and the State of Texas.
Mayor Carpenter stated as a reminder, if there are any students present who wish to sign up for the
Hal Baldwin Scholarship, the sign -up sheet is on the table out in the foyer.
Presentation
• Schertz Sweetheart Court Fiesta Medal Presentation (S. Gonzalez/L. Klepper/M. Spence)
Mayor Carpenter recognized Office Manager Erin Matlock who introduced Miss Schertz
Sydney Fischer, Miss Jubilee, Ashley Poemer, Miss Friendly City, and Corinne Mittelstadt.
Miss Schertz thanked the City for a great experience, the opportunity to represent the City of
Schertz and for an 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.
Proclamation
Proclamation recognizing National Public Safety Telecommunications Week. (D. Wait/M.
Hansen/M. Carey/R. Rutkowski)
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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. James/D. Wait /S. Gonzalez)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
• Thursday, April 13
Northeast Partnership Meeting
Olympia Hills Golf and Conference Center, 11:30 p.m.
• Thursday, April 13
Ribbon Cutting for Murphy USA
FM 3009 & Elbel Road, 4:00 p.m.
• Thursday, April 13
Community Volunteer Fair
5:30 -7:00 p.m., Schertz Civic Center
• Saturday, April 15
Easter in the Park
Pickrell Park — Registration begins at 9:30 a.m.
Appearance by the Easter Bunny, games and an egg hunt.
Free vision screening for children available.
Saturday, April 15
Home Grown Saturday's
9001 Hollering Vine, Noon to 3:00 PM
Hosted by The Crossvine - Month of April is to celebrate "All Things Community"
• Tuesday, April 18
The Chamber Monthly Luncheon
Schertz Civic Center, 11:30 a.m. - 1 p.m.
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• 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 Spring 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 is to celebrate "All Things Community ".
Get your bike tuned up and learn about essential safety and maintenance from bike shop
pros, ride around on miles of trails and enter a raffle to win a Bike City gift card and other
items.
• Tuesday, April 25
City Council Meeting
Council Chambers 6:00 p.m.
• Thursday, May 11
TML Region 7 Meeting
5:30 p.m. reception, 6:00 p.m. dinner and program
Live Oak Hilton and Garden Center, 8101 Pat Booker Rd, Live Oak, TX
• Monday, May 22
14th Annual Hog Wild Seminar
8:00 a.m. — 6:00 p.m. hosted by Denton, Navarro, Rocha, Bernal, Hyde & Zech
Held at The Texas State University
Friday, June 30
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 by Hilton Austin.
Mayor Carpenter moved to the Hearing of Residents portion of the agenda.
Hearing of Residents
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This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council
may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Ms. Melva Stokes, 10450 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.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke regarding the Special Meeting the City
of Schertz held regarding the City of Cibolo proposed Toll Road stating that it is not
economic development, doesn't believe in imminent domain authority. He stated that the
City of Schertz went out for a bond to widen our portion of FM 1103 and the voters
approved this. He stated that there are other routes which the City of Cibolo can use
without affecting the City of Schertz roads and traffic. He stated that we need to do
whatever is necessary to protect our city and not hand our land over to another city.
Mayor Carpenter moved to Item 10 of the Agenda.
10. Ordinance No. 17 -S -13 - Conduct Public Hearing and First Reading of an Ordinance
regarding a request to amend the Schertz Comprehensive Land Plan and Future Land Use
PH 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 City limits to the "Air Installation Impact" land use designation. First
Reading (B. James)
The following was read into record:
ORDINANCE NO. 17 -S -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 H3 -10 TO APPROXIMATELY 2,000 FEET NORTH OF LOWER
SEGUIN ROAD BETWEEN FM 1518 AND THE WESTERN BOUNDARY OF THE
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CITY LIMITS , I ,. INSTALLATION IMPACT" I 11TSE
DESIGNr4Mjk1.
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, property owners and City
Council to fully understand the implications of the proposed change.
Mr. James showed a map of the proposed changes as a result, the 2015 JBSA Randolph JLUS
study which included recommendations that in western APZ II Zone south of Randolph, the
minimum lot size for residential use should be 10 acres, in the eastern APZ 11 Zone south of
Randolph the minimum lot size for residential uses should be 20 acres, and that for the area
between the APZs south of Randolph, the maximum density should be 1 unit per 10 acres.
Given the variety of factors and regulations that impact land uses in this area, it is
recommended that the area be designated as Air Installation Impact and that text be added to
the Comprehensive Land Use Plan describing Air Installation Impact as: Air Installation
Impact. This area is located within close proximity of JBSA Randolph. Land Use
compatibility is a key consideration both for the impact land uses may have on base
operations and in how base operations may impact land uses. Land Uses will be significantly
impacted by development standards that restrict light, noise, dust, density and height.
Determinations as to appropriate land uses shall be based primarily on the 2015 JBSA
Randolph JLUS. The goal is to minimize land use conflicts in the area and provide for the
safety of residents and pilots at JBSA Randolph.
Mr. James stated that the city will be conducting several meetings in the coming weeks, some
with residents, some with the City and Randolph and some one on one meetings, and those
affected will be invited to attend. Letters should be going out in about two (2) weeks.
Staff recommends that no action be taken on this item by City Council.
Mayor Carpenter opened the public hearing and the following spoke:
Some of the concerns were:
• Against the rezone
• Property values would be lowered
• Should be able to do what they want on their property
• Should be able to rebuild if a natural disaster occurred
• Against the 1 -20 and 1 -10 houses per acre
• Confusion regarding the JLUS study
• Negative impact should a natural disaster occur and enable them to rebuild
• Noise contours
• Confusion on what they can and cannot do on their properties
• Concern on property values
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• 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;
• Ms. Melva Stultz, 10450 Leslie Heights
• Ms. Stacy Padgett, 12120 Ware Seguin Road
• Mi. Charles Padgett, 12120 Ware Seguin Road
• M. William Bruce, 12200 Ware Seguin Road
• Ms. Dawn Royer, 12210 Ware Seguin Road
• Mr. Bob Cantu, 2512 Jan Adams
• Ms. Jill Sievers, 11804 Ware Seguin Road
• Mr. Jose Garcia, 11413 Ware Seguin Road
• Mr.Glenn Ristow, 11965 Ware Seguin Road
• Ms. Loretta Strub, 6265 Pfeil Road
• Mr. John Bierschwale, 11409 Ware Seguin Road
• Mr. David Recknagel, 12224 Ware Seguin Road
• Mr. Jeremy Ward, 6975 Pfeil Road
• Ms. Betty Greenwood, 6407 Pfeil Road
• Mr. Brian Cullum, 6163 Pfeil Road
• Mr. Grumpy Azzoz, 528 Wayward Pass
• Ms. Christy Van Dine, 6147 Pfeil Road
• Ms. Rachel Hidalgo, 11826 Ware Seguin Road
As no one else spoke, Mayor Carpenter closed the public hearing for Council comments.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked Councilmember
Thompson 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 concems.
Mr. James, in answer to the contact information for Randolph, stated it was Lt. Col. Bliss, at
210- 652 -2144.
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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 he looks forward to future
meetings. This is not just a peanut butter spread to rezone these areas.
Councilmember Gutierrez thanked the citizens for their input and how it would affect them,
specifically the minimal acreages.
Mayor Carpenter stated this is a challenging situation. We wish to preserve the base and
preserve the mission but can't do it at the citizen's expense. We need to preserve the citizens'
rights. This may take time, but as we have learned, when we do take our time we tend to have
a good result. We have been doing this since 1958 and we plan on continuing. You have our
ears, you are our neighbors and this Council is committed to work to get there.
Mayor Carpenter 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 good bit
more discourse before we start taking this up again.
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 Council nember.
Minutes — Consideration and/or action regarding the approval of the minutes of the Special
Meeting of April 3, 2017 and the regular meeting of April 4, 2017. (J. Kessel/B. Dennis)
2. Excused Council Absences — Consideration and/or action excusing City Council Member
absences for the following dates: April 4, 2017. (B. Dennis/Mayor /Council)
Boards, Commissions and Committee Member Appointments — Consideration and/or
action ratifying the appointment of Mr. Dean Midlick as a regular member to the Historical
Preservation Committee. (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, Councihnembers Davis, Gutierrez, Larson, Thompson, Kiser
and Crawford voting for and no one voting no. Motion passed.
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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 the 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 20'�'. 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 this item.
5. Resolution No. 17 -R -22 — Consideration and/or action approving 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. (J.
Kessel/J. Walters/M. McLiney /A. Friedman)
The following was read into record:
RESOLUTION 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 43. 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.
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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 1 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 to provide for any unseen
events during the construction of these projects.
In order to sell Certificates of Obligation Bonds (CO), City Council must approve to publish a
Notice of Intent in our newspaper of record for two consecutive weeks. Thirty days after the
notice, City Council will review the bids for the sale on May 23, 2017 to take final 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 exceed $5,600,000 for the purpose of making
street repairs, making repairs 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 Kiser 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)
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The following was read into record:
ORDINANCE N®. 17 -T -15
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 of 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 2016 Bonds fully funded those window
replacements instead. With the approval of the 2014 -15 Budget (Ord. 14- T -42), an additional
$150,000 was identified 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 amend the budget and reallocate $500,000 of these funds to make up the
balance on the Senior Center remodel project.
Also, before Council tonight is a resolution to enter into a construction contract for the Fire
Station #2 repairs and the Senior Center remodel. If the bonds are issued as planned the funds
won't arrive until June 20, 2017. In order to start these projects now, staff recommends
council approve the use of the fund balance to make payments on the construction progress
until the bond funds are received. The City will reimburse the fund balance for any
expenditure made out of it for these projects from the bond funds.
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.
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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. 17 -R -26
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR
THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER
AT RISK AGREEMENT FOR THE REPAIRS TO FIRE STATION #2 AND
ALTERATIONS TO THE SENIOR CENTER AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Owners Representative Phil Gaudreau who stated the goal here
is to provide much needed repairs to the exterior of Fire Station #2 in order to provide a
watertight exterior envelope and to provide needed renovations to the Senior Center as part of
capturing the former Wellmed space. The renovations to the Senior Center also include
installing a fire suppression system throughout the building.
The city entered into an agreement with Thomas S. Byrne, Ltd for Construction Manager at
Risk (CM @R) for Preconstruction Services only for Fire Station #3 and other Miscellaneous
Projects which was approved by City Council on February 14, 2017.
The $400,000 in funds for the Fire Station #2 repairs are proposed to come from the
Certificates of Obligation (CO) bond issuance, for which the notice of sale is on this agenda.
The $750,000 in funds for the Senior Center repairs will come from two sources: $250,000 is
proposed from this same CO bond issuance and the remaining $500,000 is from general funds
set aside for building repairs /renovations.
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 Councihmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -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.
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8. Ordinance No. 17 -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.
Mayor Carpenter recognized Graduate Engineer Cecila Palomo who stated the 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 area of the drainage inlet in front of 3145 Cameron River (Exhibit A), which is a
proposed 25foot no parking zone in front of the drainage inlet on Cameron River in Fairway
Ridge Subdivision.
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. Staff recommends approval.
Mayor Carpenter recognized Councilmember Kiser who moved, seconded by Councilmember
Thompson to approve Ordinance No. 17 -D -14, first 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.
9. Ordinance No. 17 -S -12 — Conduct a Public Hearing and First Reading of an Ordinance
PH 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. First Reading (B. James /L. Wood/E. Grobe)
The following was read into record:
ORDINANCE NO. 17 -S -12
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AN ORDINANCE 1 1' CITY COUNCIL OF OF I •
AMENDING 1 OFFICIAL ZONING BY 1
ACRES OF 1 FROM , , PLANNED
DEVELOPMENT Ii '1T
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 IH 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 17: Lots 4 -6, 27 and a portion
of lot 28, a 16' wide drainage right -of -way, and Northcliffe 1: 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 Expiess 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:
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.
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.
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® 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 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 3B 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%
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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 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.
Mayor Carpenter opened the public hearing. As 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 Crawford who moved, seconded by
Councilmember Gutierrez to approve Ordinance No. 17 -5 -12, first 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.
Roll Call Vote Confirmation
Councilmember Thompson recognized City Secretary Brenda Dennis who provided the roll call votes
for agenda items 1 -10.
Requests and Announcements
10. Announcements by City Manager.
Mr. Kessel stated that he 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.
11. 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 -2017 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
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked all those who sent him
get well cards and thanks that he received this past week.
Mayor Carpenter recognized Councilmember Gutierrez who thanked the Parks and Recreation
staff for another great movie event.
Mayor Carpenter recognized Councilmember Thompson who encouraged everyone to attend
The Chamber's luncheon this coming Tuesday. They have 30 non - profit representatives
signed up for that —most of who are from Schertz.
Mayor Carpenter stated that since the Special Council Meeting which was held April 4, 2017,
he has 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
Valley Local Government 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 after 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.
Adiournment
Mayor Carpenter adjourned the meeting at 7:53 p.m.
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,-
T:
renda Dennis, City Secretary
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