Loading...
PZ 04-09-2013 JointMINUTES SPECIAL JOINT MEETING AND REGULAR MEETING April 9, 20f3 A Special Joint Meeting and Regular Meeting were held by the Schertz City Council of the City of Schertz, Texas, on April 9, 2013, 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 R. Carpenter Councilmember Jim Fowler Councihnember George Antuna, Jr. Mayor Pro-Tem Cedric Edwards, Sr. CounciLnember David ScaglioIa Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Executive Director Economic Development David Gwin Chief of Staff Bob Cantu City Attorney Samantha Dyal City Secretary Brenda Dennis Councilmember Sydney Yerinder was absent. Planniu~ & Zoning Commission Chair David Richmond Commission Member Richard Braud Commission Member Ken Greenwald Commission Member Michael Dahle Economic Development Corporation Board Member Matthew Duke Board Member Grady Morris CALL TO ORDER: Call to Order by each Governing Body Mayor Carpenter called the City Council Special Joint Meeting to order at b:05 p.m. Planning & Zoning Chair David Richmond call the Planning & Zoning Special Joint meeting to order at b:05 p.m. Where was not a quorum. of the Economic Development Corporation present as a meeting was not called to order. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Linda Montgomery with Schertz United Methodist Church gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the Sfiate of Texas. 2. Presentation/discussion by Gateway Planning for the North, South and Downtown sectors plan for the. City of Schertz. (B. James/S. Polikov) 04-09-2013 Minutes Mayor Carpenter recognized President of Gateway Planning Scott Polikov who provided information on the following: • Planning Process and Planning Context • Market and Employment Assessment • North Schertz Sector Plan - Existing conditions - Public Process - North Schertz Framework plan • South Schertz Sector Plan - Existing conditions - Public Process - South Schertz Framework plan • Historic Downtown Schertz - Historic Downtown Schertz Design workshop - Historic Downtown zoning recommendations • Implementation • Management Framework • Infrastructure and Utility Implementation • Fiscal impact analysis for infrastructure strategy • Incentives Policy 3. Adjournment Mayor Carpenter adjourned the City Council Special Joint meeting 6:58 p.m. Planning & Zoning Chair David. Richmond adjourned the Planning & Zoning Special Joint meeting at 5:58 p.m. Regular Session Regular Meeting to order at 5:59 p.m. Presentations • Proclamation recognizing Telecommunications Week (MayarlChief Hansen} Mayor Carpenter read and presented the proclamation regarding Telecommunications Week to Police Chief Michael and members of the 911 City of Schertz Dispatch team. • Presentation and discussion regarding Cibala Creek Municipa[ Authority (CCMA} sewer rate increase. (J. Bierschwale/Amber Briggs - CCMA) Mayor Carpenter recognized Development Services Manager Amber Briggs of the Cibolo Creek Municipal Authority (CCMA} who came forward giving a brief presentation regarding the proposed CCMA sewer rate increases answering questions. Ms. Briggs stated CCMA collects $1.3MM in impact fee revenue and uses $700,000 of it to pay annual debt service. 04-09-2013 Minutes Wastewater rates are currently recovering less than CCMA's cost of services. She stated rates must be adjusted annually to account for personnel and operating expenses increasing yearly with inflation. Wastewater expansion in FY 2016 leads to certain higher operating costs. SAWS is proposed to come-off the system in 2016 and will require other customers to make up the difference in revenue. Assumption was made that no new customers (Cities, etc.,) will come on their system in the next ten years. COMA is in' the process of discontinuing the use of impact fee funds to subsidize debt service so that the impact fee funds maybe used for capacity projects. The proposed rate increase schedule is as follows: Current FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 Rate Rate/1,000 $2.50 $2.50 $2.74 $3.00 $3.29 $3.60 Gallons Amount - $0.0 $0.24 $0.26 $0.29 $0.31 lncrease Total rate increase/1,000 gallons FY 2013-FY2017: $1.10 Percent increase per year FY 2014 - FY 2017: 9.6% CCMA will gradually reduce the impact fees used toward debt service payments over the next four years which will free up additional impact fee revenue for capacity projects. Ci wents and Announcements • Announcements of upcoring City Events (D. HarrislJ. Bierschwale/B. James} Mayor Carpenter recognized Executive Director David Harris who announced the following upcoming events: + Saturday, April 13, 2013, 2na Annual Pet Fiesta Adoption at Friendship Pet Hospital, 17244 IH 35 North - 10:00 a.m. to 3:00 p.m. Wednesday, April 17, 2013, Ribbon Cutting Ceremony -Baptist Emergency Hospital at 4:00 p.m. • Saturday, April 20, 2013, Absolute Jazz -1:00 p.m. to 11:00 p.m. - PickreIl Park • Thursday, April 25, 2013, Volunteer Fair and Open House - Schertz Civic Center 6:00 p.m. to S :00 p.m. • Tuesday, Apri130, 2013 Hal Baldwin Scholarship application deadline. • Announcements and recognitions by City Manager (J. Kessel) City Manager Jahn Kessel recognized and congratulated Computer Tech Kyle Gaertner, who recently completed his Cisco Certified Network Associate certification. 04-09-2013 Minutes Mr. Kessel recognized Library Director Gail Douglas and Mr. Steve White who came forward to the podium. Mr. Kesel stated that Ms. Douglas put information together and set out to seek additional fiuiding supporting the Veterans Memorial Plaza from Guadalupe Valley Electric Cooperative (GVEC). Ms. Douglas assisted with the application process and worked with Mr. White and GVEC to seek a $20,000 grant to go toward the Phase III part of the project. Mr. Kessel presented Ms. Douglas with a letter of confirmation stating that GVEC is granting $20,000 toward the Veterans Memorial Plaza Mr. White thanked the City and. Gail's help in securing the grant. Hearing of Residents This time is set aside for any person who washes to address the City Council. Each person should fz1l 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 specifac factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, andlor 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: Mr. Ryan Mahoney, 5233 Columbia, who came forward providing information being proposed at the legislative level regarding a home lemon law. Consent Agenda Items The Consent Agenda is considered to be 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 by the Mayor or a Councilmember. 1. Minr~tes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of Apri12, 2013. (J. KessellS. Dennis} 2. Resolution No. 13-R-16 -Consideration and/or action approving a Resolution authorizing a First Amendment to JavaNook Agreement, and other nnatters in connection therewith. {J. Kessel/D. Gwin} The following was read into record: RESOLUTION NO. 13-R-16 A RESOLUTION BY THE CITY COUNCHa OF THE CITY OF SCHERTZ, I TEXAS AUTHORIZING A FHZST AMENDMENT TO JAVANOOK AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 04-09-2013 Minutes 3; Resolution No. 13-R-17 -Consideration and/or action approving a Resolution authorizing a Contact Information Amendment form relating to Economic Development Agreements, and other matters in connection therewith. (J. Kessel/D. Gwin) The following was read into record: RESOLUTION NO. 13-R-I7 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CONTACT INFORMATION AMENDMENT FORM AND PROCESS, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 13-R-29 - Consideratian and/or action approving a Resolution authorizing a Change of Name Amendment form relating to Economic Development Agreements, and ofiher matters in connection therewith. (J. Kessel/D. Gwin} The following was read into record: RL+~SOLUTION NO. 13-R-29 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A CHANGE OF NAME AMENDMENT FORM RELATING TO CERTAIN ECONOMIC DEVELOPMENT AGREEMENTS, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 13-R-32 Consideration and/or action approving a Resolution Authorizing a Memorandum of Understanding with the Schertz~Cibolo-Universal City Independent School District regarding certain matters relating to the proposed joint Natatorium Project, and other matters in connection therewith. (J. Kessel/M. Spain) The following was read into record: RESOLUTION NO. 13-R-32 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCI~RTZ, TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH SCHERTZ- CIBOLO-iJNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Antuna to appxove the consent agenda items 1, 2, 3, 4, and 5. The vote was 3-0-I, with Mayar Pro-Tem Edwards, Councilmembers Scagliola and Antuna voting yes, and no one voting no, Councilmember Fowler abstaining. Councilmember Yerinder was absent. Nation Carried - Discussion and Action Items 6. Ordinance No. 13-B-10 -Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax 04-09-2013 Minutes Notes, Series 2013", levying an annual ad valorem tax, within the liYnitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving othet• matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Paying AgentlRegistrar Agreement and a Purchase and Investment letter; complying with the lettex of representations with the Depository Trust Company; authorizing the execution of any necessary engagement agreements with the City's Financial Advisors andlor Bond Counsel; and providing ark effective date. First and Final reading (J. KesseUA. Friedman -Southwest Securities} The following was read into record: Ordinance No. 13-B-10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2013", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELNERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF REPRESENTATIONS WITH THE DEPOSITORY Mayor Carpenter recognizes Mr. Andrew Friedman with Southwest Securities who stated that on March 12, 2013, City Council authorized the City Manager to enter into an agreement for the purchase of a fkre truck and equipment and authorized the solicitation of financing. Southwest Securities sent out financing requests in the amount of $835,000 with bids due Thursday April 5, 2013. The term of the Notes will be S years. Southwest Secur7ties will present the best bid and provide a recommendation as to whom the Note should be sold. CouncilmemberAntuna left the dais. Action approves Ordinance No. 13-B-10 First and Final reading approving the expendituxe of $835,000, Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola that the City Council adopt an Ordinance authorizing the issuance of "City of Schertz, Texas Tax Notes, Series 2013". The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler and Scagliola voting yes, and no one voting no. Councilmember Antuna did not vote as he was not present during the vote and Councilmember Yerinder was absent. Motion Carried. CouncilmemberAntuna returned to the dais. 7. Ordinance No. 13-T-09 -Consideration and/or action approving an Ordinance authorizing an amendment to the tax abatement agreement with Valero Diamond, L.P. First and Final reading (J. KessellD. Gwin) {~ ORDINANCE N0.13-T-09 04-~}9-2013 Minutes BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AN ASSIGNMENT AND AN AMENDMENT TO A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH CST DIAMOND, L.P., A COMPANY OPERATING Ilv THE CITY OF SCHERTZ. Mayor Carpenter recognized Economic Development Executive Director David Gwin who introduced this item stating that the City of Schertz, Texas (the "City") entered into a Tax Abatement Agreement {"Agreement") with Valero Diamond, L.P. ("Valero"), on June 27, 200b. The Agreement was authorized under Chapter 312 of the Local Government Code. Under the Agreement, Valero received 90% tax abatement for ten years on the Capital Improvements and Pexsonal Property (machinery and equipment) located on the property. Mr. Gwin stated late last year, Valero Energy Corporation announced plans to spin off its Corner Store businesses. As result, the Agreement has been revised through the Assigned and Amended Tax Abatement Agreement (the "Amendment"). The amendment assigns the tax abatement to CST Diamond L.P. ("CST"). Iri connection with the assignment, CST has been identified as the lessee. No changes have been made to the quantitative terms of the Agreement. This is a housekeeping item and recommends approval of first reading. Councilmember Scagliola left the dais. Action approves first reading of Ordinance 13-T-09 approving an assignment and an amendment to a Tax Abatement Agreement with CST Diamond, L.P. The amendment will ensure that the agreement is up-do-date. Staff recommends approval of first reading. Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Fowlex to approve Ordinance No. 13-T-09 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, and Antuna voting yes, and no one voting no. Councilmember Scagliola did not vote as he was not present during the vote and Councilmember Yerinder was absent Motion Carried Councilmember Scagliola returned to the dais. S. Ordinance No. 13-D-11 -Consideration andlor action approving an Ordinance amending the Code of Ordinances revising Section $6-115, Maximum Limits generally on Specific Streets {FM 1103 -From IH 35 to Cibolo City Limits). First Reading (J. Bierschwale/L. Busch) ORDINANCE NO. 13-D-11 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 SECTION 86-IiS, MaxrMUM LIMITS GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Engineer in Training Larry Busch who introduced this item stating that action approves first reading of Ordinance 13-D-11 decreasing the speed limit from 55 mph to 45 mph on FM 1103 from IH-35 to the Cibolo City Limit at the request of TxDOT following a study. Staff recommends approval, 04-09-2013 Minutes Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve Ordinance No. 13-D-11 first reading. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, and Antuna voting yes, and no one voting no. Councilmember Verinder was absent. Motion Carried 9. Ordinance No. 13-C-OS -- Conduct a public hearing, consider and make recommendations on an amendment to the Schertz Code of Ordinances, Chapter 1 S, Building and Building Regulations, Article I, General Requirements; Article II, the Building Code; and Article III, the Residential Code as it relates to contractor requirements, foundations, soil testing, retaining walls, and other related regulations, providing a penalty clause, and other matters in connection therewith. (B. James/M. Sanchez) (Conduct the public hearing and table action of first reading) ORDINANCE NO. 13-C-08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE I, GENERAL REQUIREMENTS; ARTICLE II, THE BUILDING CODE; AND ARTICLE III, THE RESIDENTIAL CODE PROVIDING A PENALTY CLAUSE AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Development Services Director Michelle Sanchez who introduced this item stating that the City Council has determined a need to revise current building codes with regard to foundation, soil testing and retaining wall requirements due to numerous resident comments concerning the failure of certain residential foundations within the City. The revisions proposed are intended to ensure the proper construction of structures built in the City. Ms. Sanchez stated Development Services staff met with several focus groups to include Homebuilders; Concrete and Geo Tech professionals; Residents and HOA groups; and Developers and Engineers to gain their input on the proposed code changes. Each group provided beneficial feedback and offered recommendations based on industry standards and experience. The Plamung and Zoning Commission conducted four public hearings to receive additional public comment and to provide the Commission the opportzuuty to ask questions and offer recommendations. Revisions and clarifications to the proposed ordinance resulted from the focus group and the Planning Commission meetings. She stated changes proposed include: • Foundations shall be designed by a Professional Engineer in Texas and all plans and supporting documents shall be signed and sealed by the Engineer. • Documents shall indicate the strand and reinforcement placement, pier size, depth, location and reinforcing beam size and location and shall include design calculations. • The Design Engineer shall perform a pre pour inspection and provide confirmation of inspection and approval. 04-09-2013 Minutes • The Design Engineer shall verify concrete mix design and tensions of past tension cable designs. • Prior to issuance of a Certificate of Occupancy, the Design Engineer shall`provide a letter indicating that a strength test was performed on the batch of concrete and that the results of the strength test were consistent with the foundation design. • A Letter of Final Acceptance that the foundation has been placed in compliance with the design shall be provided by the design Engineerprior to issuance of the C of O. • The Design Engineer must be registered with the City. • Saii reports shall be provided with specif c inforrnation regarding the location that the soil was tested, the soil hearing capacity, plasticity index and potential vertical rise. • The owner(s) of the property shall provide a letter that no cut or fill was performed subsequent to the soil test being conducted. The owner(s) of the property shall provide a sealed certification from an engineer licensed to practice in Texas that the concrete has adequately cured to allow for framing of the first floor only. Prior to placing any additional load on the slab, the owner shall provide the same type of certification that the concrete has adequately cured to allow for any additional load above the fast floor, but in no event shall any additional load be placed on the foundation less than 3 -days after it is poured. • If the foundation is apost-tension foundation, certification that it was designed and constructed according the Past-Tensioning Institute's (PTI} Construction Designs shall be provided. • Post-Tension foundations must.be inspected by a PTI Inspector prior to placing a load on the slab or commencement of framing. • Prior to issuance of a C of O, a final survey indicating the final grade elevations and verifying positive drainage away from the foundation must be submitted to the City. • Retaining walls in excess of four feet (4') shall plan submittal and approval by the City Engineer along with. an inspection report verifying the construction in accordance with the design plans. • Retaining walls in excess of four feet (4'} in height shall be provided with a maintenance and access easement in addition to the designated rear and side yard setbacks far the benefit of the adjacent property owner(s) and the city and to prevent any incursion into fill material. • Contractor's license registration issued by the City may only be revoked by the City due to violations of Chapter 18, failure to obtain permits or failure to obtain property inspections. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13-GO$ amending the Schertz Code of Ordinances, Chapter 18, Buildings and Building Regulations be tabled to the City Council meeting of April 16, 2013. This Ordinance shall become effective August 1, 2013 and will apply to ali final subdivision plats approved on or a$er that date. Subdivisions that are under construction at this time will not be required to follow the adopted amendments. Mayor Carpenter opened the public hearing and recognized the following who spoke in favor of this item; Mrs. Clare Layton, 12231 Lost Meadows Mr. Ryan Mahoney, 5233 Columbia Mayor Carpenter recognized Mr. Robert Brockman, 1000 Elbel who reminded Council of the three (3} minute speaking limit. 04-09-2013 Minutes Mayor Carpenter closed the public hearing and stated that first reading will be on the next meeting. Mayor Carpenter recognized Mayor Pro-Tem Edwards who asked why staff could not put this on for first and final at the next meeting. Mayor Carpenter recognized City Attorney Samantha Dyal who stated that it could be posted as an emergency and be approved on first and final reading at the next meeting. Council concurred. 10. Ordinance No. 13-M-12 - Conduct a public hearing, consider and make recommendations on an amendment to the Schertz Code of Ordinances, Part III, Unified Development.Code (UDC), Article 13 Land Disturbing Activities and Drainage.(B. James/L. Busch) {Conduct the public hearing and tahde action of first reading Ordinance 13-M-12 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY Mayor Carpenter recognized Executive Director of Development Brian James who stated the City has rules and regulations in place to try and provide for the health, safety and welfare of the residents. In staff s review of our current regulations we have found sarzae areas where we believe improvements can be made to complement the quality of life Schertz has strived for. Also, as part of our Texas Pollutant Discharge Elimination System general permit, we have as part of our implementation plan a need to adopt additional ordinances to satisfy the requirements of our storm water discharge permit. A number of public hearings to gather input have been held at Planning and Zoning Commission meetings. Staff also met in a public meeting with Engineers, Developers, and citizens to gain theix input on the proposed code changes to better understand if the proposed regulations and revisions to current code correct the issues of concern and fully understand the impact these changes will have on the development community. Mr. James stated the City Council has determined a need to revise the current storm water and drainage ordinance given the history of our community and the amount of property affected by floodplain, storm water runoff and flooding. With increased development in more rural areas these issues have once again caught the attention of City Council, Planning and Zoning, concerned residents and City staff. Staff is recommending that changes be made to Article 13 of the UDC, Land Disturbing Activities and Drainage. Of particular significance are changes to clarify when a clearing and grading permit is required. Staff is also proposing the creation of the Illicit Discharge and Connection Storm Water Ordinance which is designed to regulate the discharge of pollutants into the storm water system. The Ordinance for the Control of Storm Water Run-off works with other regulations to regulate storm water run-off including detention requirements. The Construction Storm Water Management Ordinance stipulates what measures have to be in place to control for soil erosion during construction. The Plood Prevention Ordinance is designed to minimize Losses due to flood conditions. Of particular note is the change to generally not allow improvements to increase the water surface elevation of the base flood except on the subject property. 04-04-2013 Minutes Current ordinances allow up to a 1 foot increase. Finally, for reference staff is including a draft of the Public Warks Design Specifications Manual. Mr. James stated that given the length of these documents staff wanted to provide them to City Council prior to seeking approval in order to allow Council more time to review them. The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of March 27, 2013 and offered a recommendation of approval. Staff recommends that the public hearing be conducted and that the first reading of Ordinance 13-M-12 amending the Schertz Code of Ordinances, Part III, Unif ed Development Code, Article 13 Land Disturbing Activities and Drainage be tabled to the City Council meeting of April 16, 2013. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Steve Layton, 12231 Lost Meadows, who spoke in favor of this item. • Mr. Robert Brockman, 1000 Elbel Road, who asked if this information had already been dealt with through state regulations and requirements. Executive Director Brian James stated that he would get with Mr. Brockzx~an to address his questions. Mayor Carpenter closed the public hearing and recognized Mayor Pro-Tem Edwards who also asked that this item be placed on the next agenda for first and final reading. Council concurred. 11. Ordinance Na. 13-5-13 -Public Hearing - Conduct a public hearing, consider and act on a request to rezone approximately 2.010 ~ acres of land generally located on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE} to General Business District (GB), out of the Francisco Rodriguez Survey, No. 99, Section 2, Comal County, Schertz, Texas. (B. James/M. Sanchez) (Conduct the public hearing and table action of first reading) Ordinance 13-M-12 - AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OI+' THE CITY BY Mayor Carpenter recognized Development Services Director Michelle Sanchez who stated that this is to conduct a public hearing to consider a rezone approximately 2.010+ acres of Iand generally Iocated on the southeast corner of FM 482 and Old Nacogdoches Road from Pre-Development District (PRE) to General Business (GB). She stated staff is recommending that this request be tabled because when the application came in they anticipated this item would be acted on by the Planning and Zoning Commission on March 27, 2013, staff published the notice for the April 9, 20 i 3 City Council meeting on March 22, 2013. At the recommendation of Staff and the applicant, the Planning and Zoning Commission tabled consideration of the item to April 10. Since the Flanning and Zoning Commission has not acted on this item, Council cannot yet consider it. 04-09-2013 Minutes Based on the Plannuig and Zoning action, staff recommends that the public hearing be opened and the item be tabled to allow the Planning and Zoning Commission to continue their public hearing and forward a recommendation to City Council on this request. Mayor Carpenter opened the public hearing, and as no one spoke; Mayox Carpenter closed the public hearing. No action taken as this item was tabled. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, 5, 6, 7, and 8. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 8:14 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated Iitigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551A74 Texas Government Code -Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.087 Texas Government Code -Deliberation regarding Economic Development Negotiations. Councilmem6er GeorgeAntuna left at 9:07p.m. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:37p.m. 12. Take any action deemed necessary as a result of the Executive Session. No action taken. Roll Call Vote Confirmation Mayor Carpenter stated that the City Secretary has two corrections to make to the roll call vote confirmation. , City Secretary stated that on the Consent items, Councihnember Fowler had abstained, therefore; the vote was 3~0-1, with Mayor Pro-Tem Edwards, Councilmembers Scagliola and Antuna voting yes, and no one voting no, Councilmember Fowler abstaining. Councihnember Verinder was absent. Motion Carried, and that on agenda item 6 the vote was Mayor Pro-Tem Edwards, Councilmembexs Fowler and Scagliola voting yes, and no one 44-09-2413 Minutes voting no. Councilmember Antuna did not vote as he was not present during the vote and Councilmember Verinder was absent. Motion Carried ReQUests and Announcements 13. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No announcements were provided. 14. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No hems were requested. 15. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Mayor Pro-Texn Edwards who stated that due to the Iow interest xate of 1.29% received for the Fire Truck purchase, would it not be feasible for our City Manager and staff to go out and Look at the possibility of borrowing more money at this rate? He asked should the City consider other purchases. City Manager John Kessei stated that he would look into this and see if this would be advantageous and get back to the Council. Mayor Carpenter recognized Councilmember Fowler requested that the date and time on the agenda be in a different color as it is not legible on the iPad. Mr. Fowlex stated that he was recently attended the AACOG meeting and a discussion evolved that the City of Schertz citizens do not have an office for job seekers, an area where citizens can come and look up current job listings. He stated that AACOG staff has been working with Library Director Gail Douglas in placing a computer at the Library for those to access their website and view job positing. He stated that Ms. Douglas will be able to place the computer in an area in the Library. 16. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Carpenter recognized Councilznember Fowler who stated that he recently attended his high school reunion in Fredericksburg. 04-09-2013 Minutes Mayor Carpenter recognized Councilmember Scagliola who stated he attended the Buffalo Valley Youth Association opening ceremony this past weekend. Mayor Carpenter stated that he did attend the Buffalo Valley Youth Association opening ceremony and was able to throw out the first pitch. Mayor Carpenter stated he was joined by Former Mayor Bueker who brought the softball he through out at the start of the 197$ ceremony. Mayor Bueker presented the softball to Mr. Johnie McDow with the Buffalo Valley Youth Association who will put the ball in a case with a plaque telling what it represents. Mayor Carpenter asked if the announcement portion, the request for items to be placed on the agenda, and request for information of the agenda could be moved before executive session. Council and Staff concurred. Mayor Carpenter stated that he received a letter of request from Bexar County Precinct 4 Commissioner Tommy Adkisson askiazg if he could come before Council and provide the State of County for Precinct 4 address. Council had no objections. Mayor Carpenter stated he received a letter from the National Independence Day Parade asking him to nominate three to five high school marching bands who would like to participate in the 4~' July Parade ceremony in Washington D. C. Mayor Carpenter stated that he would pass along the letter to Executive Director David Harris to check with the School Districts far consideration. Adjournment As there was no further business, the meeting was adjourned at 9~p. ~Ia r, Michael R. Carpenter EST; City Secreta.iy, Brenda Dennis 04-09-2U13 Minutes