11-10-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
November 10, 2015,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order — City Council Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Edwards)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait/B. Cantu)
• 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.
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.
11 -10 -2015 Council Agenda
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of October 27, 2015, and approval of amended minutes of the Joint Meeting with
Planning and Zoning for September 15, 2015. (J. Kessel /B. Dennis)
2. Ordinance No. 15 -D -35 — Consideration and /or action approving an Ordinance amending
the City Code of Ordinance by revising Section 86 -54, amending the Vehicular Weight
Limit on Schwab Road from FM 482 to 500 feet toward IH 35. Final Reading (B. James /K.
Woodlee /C. Palomo)
3. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and /or action regarding the resignation of Mr. Walter Turk
from the Historic Preservation Committee. (B. Dennis /Mayor /Council)
4. Cancellation of the November 24, 2015 City Council Meeting — Consideration and/or
action cancelling the meeting of November 24, 2015, due to Thanksgiving week. (J.
Kessel /Mayor /Council)
Discussion and Action items
5. Application for Landmark or Heritage Neighborhood Designation — Consideration
and /or action approving a designation request for Landmark Property Designations for
properties located at 539 Main Street, 707 Main Street and 711 Main Street, Schertz Texas.
(B. James /D. Weirtz)
6. Resolution No. 15 -R -103 — Consideration and /or action approving a Resolution authorizing
two separate Interlocal Agreements, one with Bexar County and one with Region 14
Education Service Center, for Cooperative Purchasing Services. (B. Cantu /J. Santoya/J.
Kurz)
7. Ordinance 15 -S -39 — Conduct a public hearing and consideration and/or action approving
an Ordinance upon a request for a Specific Use Permit to allow an Automotive Repair and
pH Service, Major located at 1.000 FM 3009, Schertz Texas. First Reading (B. James /L.
Wood /B. Cox)
Roll Call Vote Confirmation
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
11 -10 -2015 City Council Agenda Page - 2 -
• Recognition of City employee actions
• New Departmental initiatives
9. 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.
10. 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
• Upcoming City Council agenda items
Executive Session
1.1. City Council will meet in closed session under Texas Government Code Section 551.087,
Deliberation Regarding Economic Development Negotiations - Project E -013.
Reconvene into Regular Session
Ila. Take any necessary action based on discussions held in closed session under Agenda
Item number 11.
Roll Call Vote Confirmation
Adiournment
CERTIFICATION
I, 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 6th DAY OF NOVEMBER 2015 AT 1:50 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.
1�500,w0 SChV .0bZeL
Donna Schmoekel, Deputy 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
11 -10 -2015 City Council Agenda Page - 3 -
OFFICIAL BULLETIN BOARD ON DAY OF 2015.
Title:
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
Mayor Pro -Tem Fowler — Place 1
Audit Committee
Interview Committee for Boards and Commissions
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Investment Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
TIRZ II Board
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz — Place 2
Councilmember John — Place 3
Animal Control Advisory Committee
Lone Star Rail District
Sweetheart Advisory Committee
Councilmember 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
11 -10 -2015 City Council Agenda Page - 4 -
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department:
Subject:
City Secretary
Minutes
Agenda No. 1
• A Special Joint Meeting with City Council and the Planning and Zoning Commission
was held on September 15, 2015. The minutes were approved at the Special Joint
Meeting with the Schertz Economic Development Corporation and City Council Regular
Council meeting on September 29, 2015.
Last week, Planning and Zoning Commissioner Richard Braud called City staff and
requested more detailed information be provided in the minutes on the workshop discussion
and update regarding the Joint Land Use Study (JLUS).
Staff reviewed the DVD and added the dialogue requested by Commissioner Braud.
• The City Council held a Regular meeting on October 27, 2015.
FISCAL IMPACT
I0 mo -
RECOMMENDATION
Staff recommends Council approve the revised minutes of the Special Joint Meeting with City
Council and the Planning and Zoning Commission of September 15, 2015 and the Regular
meeting of October 27, 2015.
ATTACHMENTS
Minutes — Special Joint Meeting with City Council and the Planning and Zoning
Commission of September 15, 2015 and the Regular meeting of October 27, 2015.
MINUTES
REGULAR MEETING
October 27, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
27, 2015, 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 Mayor Pro -Tem Fow
Councilmember Grumpy Azzoz Councilmember Dary]
Councilmember Cedric Edwards Councilmember R6bil
Staff Present: City Manager John Kssel
Executive Director Brian James Executive Director Dudley Wait
Executive Director Bob Cantu City Attorney Daniel Santee
City Secretary Brenda Dennis
Cali to Order — City Council Regular Session
Mayor Carpenter called the meeting to order at 6:01 p.m.
(Mayor Carpenter)
• Introductipo"Ilof the Student Mayor's and Student Councilmembers for the Day. (Mayor
Carpenter)
- Student NMAy es — Dobie Jr. High, 8th Grade Delaney Shick and Corbett Jr. High, 8th
Grade Marianna Villanueva
- Student Councilmembers — Dobie Jr. High, 7th Grade Nia McPherson and Corbett
Jr. High, 7th Grade Hannah Frost
Mayor Carpenter briefed the Council and audience regarding the program that was put together by
Ms. Brenda Dennis, Schertz City Secretary and Ms. Becky Williams, K -12 Social Studies
Coordinator. Mayor Carpenter expressed his gratitude on the efforts of each lady and the success of
today's program. Mayor Carpenter introduced the students to the audience and each student gave a
briefing on what they had learned today during their session with Mayor Carpenter, Mayor Pro -Tem
10 -27 -2015 Minutes Page -1-
Fowler, Councilmember Thompson, City Manager John Kessel, City Secretary Brenda Dennis and
Corporal A. J. Arriaga. Mayor Carpenter and Mayor Pro -Tern Fowler presented each student with a
certificate of participation in the Student Mayor and Student Couneilmembers for the Day Program
and a plaque.
Mayor Carpenter recognized David Van Horn with Boy Scout Troop 51 who was in the audience this
evening working on his Citizenship in the Community merit badge.
Mayor Carpenter called for a brief recess at 6:17 p.m., to allow for photos.
Mayor Carpenter reconvened back into session at 6:21 p.m.
City Events and Announcements
• Announcements of upcoming City Events (B. J
Mayor Carpenter recognized Executive
announcements:
following
Leap Frog Promotions, 4:00
210- 236 -7270.
Antonio Air Show & Open
Large Pavilion, 6:00 p.m.
Training Workshop, Schertz
Friday, November 13, Annual Schertz Chamber of Commerce Membership Appreciation
& Awards Banquet, Schertz, Civic Center, x:00 p.m. -11:00 p.m.
Monday, November 16 Special Called City Council Meeting, canvassing of the
election results and swearing in of the Council Members, 6:00 p.m.
ELECTION INFORMATION
October 19 - 30 - karly Voting ends Friday, October 30th. Locations and early voting
hours-,vary per location. For more information, please go to www.schertz.com and click on
the election banner. Information is also available regarding the bond and charter
Tuesday, November 3 - Election Day voting hours are 7:00 a.m. — 7:00 p.m. based on
your precinct.
Mayor Carpenter recognized Executive Director Dudley Wait who stated that this Thursday
morning at 0700 hours GVEC will shut off power to Buildings 1, 2 and the Community Center.
This is being done to replace two transformers that are located behind the Community Center.
We do have a back -up generator that will provide some power for critical systems and lights to
Building 1 and the Community Center. Building 2 has no option for back -up power and will be
totally without electricity during this work.
10 -27 -2015 Minutes Page - 2 -
GVEC anticipates this work will take one hour, but have asked for two hours in case they
encounter any difficulty. This work is being done due to a serious maintenance issue with one of
the transformers and if it is not corrected soon could lead to a catastrophic failure resulting in a
much longer down time.
To protect sensitive equipment IT will take down several systems that are housed in Building 1
including Incode and the PD Crash system. If we have some type of failure with the back -up
generator, then everyone except PD, EMS and Fire would also be without phone and internet.
We do not anticipate this occurring, but he wanted everyone to be aware" of it.
Personnel assigned to Building one and the Community
Personnel assigned to Building two are being asked to nc
anticipate that everything will be back to normal operations
• Announcements and recognitions by City
No announcements were provided at this
Hearing of Residents
Discussion by the Council pf any
factual information given in respc
inquiry, and or a proposal to p14
Hearing. of Residents portion of th
the order: they have registew ,
• Mr
report to work at 0800.
Drk until 0900. We fully
ouneil. Each person should fill
be- limited to no more than 3
t to any individual member thereof.
arks while addressing the Council
of on the agenda shall be limited to statements of specific
inquir ;' a recitation of existing policy in response to an
item on, a future agenda. The presiding officer, during the
(a, will call on those persons who have signed up to speak in
who spoke:
Forsyth Park, who spoke on transparency.
• Ms. Rosematy, Scott, 3576 Old Moss, who provided information she had received on a
recent survey of questions.
• Mr. Richard Elder, 431.7 Willow Oak, who spoke on needing full information regarding
the Community Pool.
• Mr. David Richmond, 2491 Bent Tree, who thanked the Public Works Department for the
renovation of the sidewalks and cleaning out the drainage easement in the Greenshire
Subdivision.
10 -27 -2015 Minutes Page - 3 -
• Mr. Bob Pullin, 1141 Rose Lane, who spoke in favor of the weight limit on Schwab Road.
Mayor Carpenter asked Council if they were amendable to him moving to the third workshop item.
Workshops
• Discussion regarding the Schertz Chamber of Commerce Funding. (J. Kessel) (Item requested
by Mayor Carpenter and Councilmember Azzoz)
Mayor Carpenter recognized Councilmember Azzoz who asked if they could take this item up
at the next meeting. This item was not discussed.
Mayor Carpenter asked Council if they were amendable to him moving to, the second workshop item.
• Discussion regarding the Animal Adoption Center. (B. James) ;(item requested by
Councilmember Azzoz)
Mayor Carpenter recognized Councilmember Azzoz who stated: the facility is about "a year and a
half old and he has already noticed stains on the ceiling tiles and also some bad odors. He has
been informed by staff members that these problems have'been happening from the beginning. He
himself noticed mold on the walls, water leaks, and a non- warking exhaust fan. The facility was
designed to have two fans in there and they wire not installed. 'H asked who is responsible, who
oversaw this building project and why were these issues not corrected? His question is who is
responsible for this from beginning to end? In regard to,, the money for the fans, he heard it was
put toward the expense of the recently completed Evergreen Solutions Classification and
Compensation Study., Jjb doesn't want us to have a building that is hannful to the staff and the
animals. He is looking for answers. He doesn't want to have this happen to our future project(s).
The taxpayers have spent quite a bit of money on,this facility.
Mayor Carpenter recognized Cour cil ember Fowler who stated he believes they need to hear
from Exeoutive'Director Brian James for additional information and now is a good time.
Mayor Carpenter recognized Exeeutive Director Brian James who stated the money that was used
to build the animal adoption center was bond money, which cannot be used on the Evergreen
Solutions study. None of this money was shifted over to the Classification and Compensation
Study. The original goal was, to build as much `building' as possible with the money we had. We
eliminated those fans for the time being, but accounted for them (space & connections) so we can
add them as we go . forward in the future. We went out and bid the project with D Wilson
Construction Company, to build the adoption center (they also built the baseball complex). D
Wilson was the contractor and they are responsible for construction. OCO was the architect and
they are responsibler for the design. The problems at the adoption center have been frustrating for
staff, D Wilson, and OCO. Both companies have continued to be involved in correcting the issues
that have come up. The biggest issue is the condensation in the attic area. The companies come
out when called and they are trying to work towards a permanent solution. Another problem has
been the insulation of all the piping and duct work in the attic. Was it not done correctly or was it
a result of the water infiltration or leaks? They are continuing to work through this for answers.
The IT room at the shelter also has been problematic. He gave compliments to staff for notifying
management with all of these issues as they became noticed and therefore getting the two
10 -27 -2015 Minutes Page - 4 -
companies out here to investigate and address them promptly; the city is not paying extra for this.
He provided additional information about some of the fixes they have done on several different
problems that have come to their attention.
Per Executive Director Dudley Wait, the staff and D Wilson personnel are meeting every other
week. This week they also met with the HBAC engineer and the HBAC subcontractor to ensure
we get this building repaired. In two weeks they will meet with them again. They have a list of
about ten items they are going to do between now and then (repairs on some insulation issues, wet
test the plumbing system, etc.). They are also doing some maintenance things in -house such as
filter changes and documenting that better for them to evaluate. The team of people who built the
building want it to be correct as much as we do and everyone is wring together very well.
City Manager John Kessel stated their number one concern is the safety of the staff in that
facility. He was encouraged with the results of the last mold tests, which was the number one
issue. He requests that if any councilmembers want to :tak a tour, just let him know. If there are
any concerns about the facility please bring those t6 him to address. We are a team and need to
work together constructively to reach a positive conclusion.
Councilmember Thompson suggested in light of the discussion brought forth by all parties here
that a bi- monthly or quarterly update be presented to council: Mr. James said they could actually
do that for all the projects. Mr. James also confirmed that this was all on warranty and the city
has not been paying for this additional work. .
Councilmember Fowler stated it appears that maybe operational areas need to be better defined
for futn' projects. Executive Director Dudley Wait responded saying that our newer facilities are
more comply and technology advanced. As staff, we are also working on developing something
similar to an owner's manual to help us understand how it operates, what regular maintenance is
needed and what':is,,1,Jmportant for everything to work in sync. This way future staff members will
have information otithe 6ritical needs of the facility and how to take care of it.
Further discussion was held explaining the building design, functions of fans, air movement, odor
management and overall temperature quality.
• Discussion and possible action regarding holding, adjusting the start time, or cancelling the
November 3, 2015 City Council meeting. (Mayor /Council)
Mayor Carpenter stated in the past the Council has cancelled the Council meetings on election
night to allow those running for office and those citizens who vote to participate. Mayor
10 -27 -2015 Minutes Page - 5 -
Carpenter stated that he believed moving forward we should not schedule a meeting on City
election days.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to cancel the November 3, 2015 City Council meeting. The vote
was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting yes and no one voting no. Motion Passed.
Mayor Carpenter moved to the consent agenda items.
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 Counciln tuber.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of October 20, 2015. (J. Kessel/B. Dens)
2. Ordinance No. 15 -S -34 — Consideration and /or action' approving an Ordinance amending the
Official Zoning Map by rezoning ,an approximately 1 aer6'4ract of land from Single Family
Residential District — 2 (R -2) to Main: Street Mixed Use District (MSMU). Final Reading (B.
James /L. Wood)
The following was read into record:
ORDINANCE NO. 1
The
record:
RESOLUTION NO. 15 -R -97
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT
WITH GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Thompson to approve the consent agenda items 1 -3. The vote was
10 -27 -2015 Minutes Page - 6 -
unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Discussion and Action items
4. Ordinance No. 15 -B -38 - Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax Notes,
Series 2015A ", 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 diiery of the obligations;
authorizing the execution of a paying agent /registrar agreement, "and a purchase and investment
letter; complying with the letter of representations previonl�xecuted with the Depository
trust company; authorizing the execution of any necessary engagement agreements with the
city's financial advisors and /or bond counsel; and providing an effective date. First and
Final (J. Kessel /M. McLiney /A. Friedman)
The following was read into record:
ORDINANCE NO. 15-
AN ORDINANCE BY THE CITY
AUTHORIZING THE ISSUANCE
SERIES 2015A ", LEVYING AN
LIMITATIONS PRESCRIBED
OBLIGATIONS; PRESCRIBING
RESOLVING OTHER MATTERS
SALE, AND DELIVERY OF
EXECUTION OF A PAYING
REPRESENTA
G
1
Maur Carpenter recognized Bond Counsel Representative Mark McLiney who stated in early
October Council authorized them to go out and bid some tax notes for some city apparatus.
They ended up with six bids. They are recommending the city go with First National Bank.
Follow -up, pines he distributed earlier are the total bid packet that the purchaser provided.
They are buying, . $x,020,000. We are going to put $992,192 into the purchase of the
apparatus. Cost of issuance (financial advisor, bond lawyer, Texas Attorney General, etc.) is
itemized and comes to $27,808. Page two shows the actual interest rate the city will be paying
1.546 %. Page three shows the bond debt service payments for years 2016 — 2022. He
recommended going with this qualified low bidder.
Mayor Carpenter stated unless something has changed we have somewhere about $2 million
in investments that comply with state laws and are earning 1.71% on that investment and we
are able to borrow this money at 1.54 %. We are borrowing money and it is costing us less
than if we used our own cash. It is rare to be in this good of a financial situation and save
taxpayer dollars.
10 -27 -2015 Minutes Page - 7 -
Mr. McLiney stated our good reputation is out there and affects the quantity and quality of the
bidders. Mayor Carpenter, Councilmember Edwards, and Councilmember Thompson praised
the efforts of city staff and prior councils for their diligence in managing city funds /expenses.
Mayor Carpenter recognized Councilmember Azzoz who asked what gets us our ratings.
Mr. McLiney said it is a mathematical formula of which the economy is about 30% (the entire
region), of it. Another factor is management and how they operate (historically) as well as
staff implementation. Third, is the amount of debt (city, school, county). Another factor is
how much cash you have and is it liquid?
Mayor Carpenter recognized Councilmember Edwards ,who moved, seconded by
Councilmember Thompson that the City Council adopts an ,"',,Ordinance Authorizing the
issuance of "City of Schertz, Texas Tax Notes, Series 2`01 5X%, The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz,, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
5. Ordinance No. 15 -D -35 — Consideration and/i
City Code of Ordinance by revising Section Si
Schwab Road from FM 482 to 500 feet toward
The following was read into
�1
AN ORDINANCE BY THE CITY COUNCI
PROVIDING THAT,, THE CODE OF 1ORDI
TEXAS, BE AM ND D BY REVISING SE
LIMITS ON .ROADWAYS MAINTAINE
PROVIDING AN EFFECTIVE DATE.
Mayor
Schwa
Ms.
lot 0
tion to that, when they
Fety hazard. City,
o ,d to FM 482;
i spoken to, are on
ing an Ordinance amending the
the Vehicular Weight Limit on
11 iding (B. James /K. Woodlee)
15 -D -35
OF THE CITY OF SCHERTZ, TEXAS
kNCES1 OF THE CITY OF SCHERTZ,
LION 86 -54, VEHICULAR WEIGHT
BY THE CITY OF SCHERTZ; AND
I Gfad to t Engineer Cecilia Palomo who stated a portion of
damage due to heavy truck traffic (construction companies). In.
e the intersection they encroach onto the opposing lanes creating
�d TSAC have recommended putting a weight restriction from the
is approximately 500 feet of roadway. All affected parties have
with the proposed changes and support it.
questions and providing further clarification for council.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tern Fowler to approve Ordinance No. 15 -D -35 first reading. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
6. Resolution No. 15 -R -94 — Consideration and /or action approving a Resolution authorizing
the purchase of Self- Contained Breathing Apparatus (SCBA) from HEAT Safety Equipment,
LLC. (D. Wait /D. Covington /K. Long)
The following was read into record:
10 -27 -2015 Minutes Page - 8 -
RESOLUTION NO. 15 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURCHASE OF SELF- CONTAINTED
BREATHING APPARATUS FOR THE SCHERTZ FIRE DEPARTMENT;
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Assistant Fire Kade Long who stated they were back requesting
supplies. The Fire Department currently operates a fleet of 33 self - contained breathing
apparatus (SCBA) and related breathing equipment. This equipment allows firefighters to
safely enter hazardous environments to effect rescues and mitigate emergency situations. The
current units are in need of replacement due to age, normal weaf,and tear, as well as, they are
no longer compliant with the most recent National Fire Protection Association (NFPA)
standards. The fiscal impact of the purchase will not exceed $261,87.99. The replacement
project began in budget year 2014 -15 with the intent ,to, purchase Il3 of the SCBA equipment
per year over a three year span. There was a substantial cost savings in purchasing all of the
equipment at one time. For that reason, the amount budgeted for 2014 -15 was, `carried forward
and combined with an amount budgeted in 2015 -16. Staff recommends approval.
Mayor Carpenter recognized Councilmember
Councilmember Edwards to approve, Resolution No. If
Mayor Pro -Tem Fowler, Council embers Azzoz, J
for and no one voting no. Motion passed.
7. Resolution No. 15 -R -98 — Consideratir
the Interlocal Agreement with the Schert
(SCUCISD) for use of the, atatorium. (B.
The
into
who moved, seconded by
The vote was unanimous with
Iwards and Thompson voting
)roving a Resolution authorizing
City Independent School District
NO. 15 -R -98
Mayor Carpenter recognized Executive Director Brian James who stated on September 10,
2013 the City Council approved Resolution 13 -R -66 authorizing an interloeal agreement with
SCUCISD regarding the Natatorium. This allowed the City to proceed with design of the
facility under the assumption that the school district would be utilizing the facility and
providing funds to the City for its use. The resolution noted that final terms on hours of use
and specific improvements that needed to be made to the facility to meet the District's needs
would be forthcoming.
10 -27 -2015 Minutes Page - 9 -
With approval of the amendment to the construction management contract that provides for a
guaranteed maximum price, staff is able to provide an interlocal agreement that provides for
the hours of use and facility standards and specific improvements to be made to the facility.
For 15 years, the school district will have use of 6 of the 8 lanes of the competition pool and
exclusive use of the locker facilities from 5:30 a.m. to 9:30 a.m., Monday through Friday
beginning on the first day of school through the last day of school for swim team practice.
They will have use of the natatorium, excluding the community pool 3 times per year for
swim meets. The facility will have seating for 300, lockers for 120 people, starting blocks, an
electronic timing system and scoreboard, and meet the minimum fility requirements of the
2014 USA Swimming Rulebook.
With approval of this Resolution, the City can anticipate an additional $1,650,000 for the
natatorium project with funds being paid monthly based on the peroeptage of project costs
paid by the City. The agreement allows the City to leverage its investment in the project for an
additional $1.65 million from the school district.
Mayor Carpenter clarified for the record that we are , ianply authorizing an interlocal
agreement with the school district and accepting them money for partnering with this project.
We are not rehashing the merits of the project itself norAiscussing whether to do it or not.
Mr. James answered several questions ftom council.
Mayor Carpenter recognized Couneilmernber
Councilmember Thompson to approve Resolution
with Mayor Pro -TemG Fowler, Councilmrember
voting for and no one voting no. Motion passed.
8. Resolution No. I5-4:95 — Cor
contract with D &S Concrete
project. ' (R' James/K. Woodlee)
following was read into
s ,who moved, seconded by
R -98. The vote was unanimous
John, Edwards and Thompson
ion approving a Resolution authorizing a
to the Woodland Oaks Retaining Wall
I /lh Y [Y7►�►[Y���a!��
A RESOLUTION BYTHE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONSTRUCTION CONTRACT WITH D &S CONCRETE
CONTRACTORS RELATED TO THE WOODLAND OAKS RETAINING WALL
PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated she was back about
the wall; they got four construction bids ranging from $103,000 to $227,000. They reviewed
all the bids and the qualifications of the contractors and met with D &S Concrete Contractors
who seem ready and prepared to do the work. If council will authorize the contract, staff will
contact them, complete the negotiations and hopefully begin the job in a few weeks.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tern Fowler to approve Resolution No. 15 -R -95. The vote was unanimous with Mayor Pro-
10 -27 -2015 Minutes Page - 10 -
Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no
one voting no. Motion passed.
Mayor Carpenter moved to the City Council Code of Ethics and the City Council Rules of Conduct
and Procedure Workshop.
• Discussion and possible action regarding the City Council Code of Ethics and the City
Council Rules of Conduct and Procedure. (Item requested by Mayor Pro -Tem Fowler and
Mayor Carpenter)
Mayor Carpenter began by asking council if they had any, questions /comments before
continuing with his powerpoint presentation from last week.
Mayor Carpenter recognized Councilmember Fowler who stated he wanted to discuss the
question `Why have rules and procedures?' He believes there have been some violations. He
looked up the word ethical and what it meant—parties agreeing to do thi s in a moral way.
He feels we have shifted away from those concepts that we used to work with under Mayor
Baldwin's reign where the council and the mayor would t ry"' be as neutral as possible with
whoever was voting. He referenced a statement on,one ofthe powerpoint slides that promotes
citizen confidence that their government is acting responsibly and in accordance with state
law. He feels that some of the things that have happened lately may have been done legally
but not necessarily ethically. Because' of this, he is concerheal and feels we need to relook at
exactly how we feel we are doing in order to meet those terms.,, A statement on the next page
provides a statement focusing on the good of ihe:eonnmunity and not personal agendas. He
made further reference to council needing to `create frntework of operation that seeks to
avoid the introduction of scandal or unnecessary risks to the city or its reputation. Things that
have happened recently hue not built a relationship between councilman and councilman or
mayor and councilman. Looping at the rules ,of conduct of what we do here on the dais, the
whole foundation of what w are talking about, -we need to go back and look at what would
violate the ethical part of our relationship with one another. He wants our city (residents) to
always look:
an inability to see or hear, a matter of comfort, a matter of requested convenience, or
an overlooked right of privilege that should have been accorded to the Council
member(s). In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember's convenient and appropriate participation in the meeting. Because of
its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to
the attention of and action by the presiding officer, it cannot be debated or amended,
and no vote is required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
es ebtially a communication to the presiding officer that the maker is withdrawing
his/her "proposl. This is the maker's privilege; thus, it does not require a second.
Because tie withdrawal motion obviates discussion, it can interrupt a speaker. In
addition, "because another Councilmember later can make a similar motion, a
withdrawal motion is not subject to debate, amendment, or vote. The presiding officer
should simply state that the motion is withdrawn, and the meeting should proceed with
a new treatment of the issue at hand —or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information,
a matter of convenience, or for any other reason that will enable the Council to deal
with the issue more effectively during the same meeting or at a later time. Unless
otherwise specifically provided in the motion itself, a postponed or extension motion
can be renewed at a later appropriate time during the meeting or, if properly posted, at
10 -27 -2015 Minutes Page -12 -
a later meeting. This motion cannot interrupt a speaker. It requires a second, it is
debatable, and it is amendable (particularly as to postponement, timing), and an
affirmative vote of three (3) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee,
usually for study leading to a subsequent recommendation. Because it ordinarily
disposes the motion for purposes of the current meeting, a motion to refer is subject to
the same rules that apply to a main motion. (See Section 9.14). This motion cannot
interrupt a speaker, and a second is required. It is debatable and amendable, and an
affirmative vote of three (3) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then
under consideration. When a motion to amend is pnding'and an amendment to the
amendment is proposed, the presiding officer should focus discussion on the latest
amendment, resolve that question, then proceed'fo the first amendment before
continuing discussion on the main motion. Votes on amendments are thus in reverse
order of the sequence in which they are, roposed. A motion to amend ' nuot interrupt
a speaker. It requires a second, and it is debatable and amendable. An affirmative vote
of three (3) Councilmembers is required for approval of`the amendment Note that
State law may restrict amendments to proposals that are required to be set forth in the
notice of the meeting.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City
Council for consideration. May be made only at the meeting at which the vote to be
reconsidered was taken. It may be made by any member of City Council. Any City
Council member may second it. It can be made while any other question is pending,
even if another member has the floor. It requires a majority vote to pass. A motion
may only be reconsidered twice. If the reconsideration is moved while another subject
is before the City Council, it cannot interrupt the pending business, but, as soon as the
pending business has been disposed of the motion has the preference over all other
10 -27 -2015 Minutes Page -13 -
main motions and general business of the agenda. In such a case the Mayor does not
state the question on the reconsideration until the immediately pending business is
completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege,
may only be made when there is nothing else before the City Council and must be
made at the same meeting at which the subject matter of the motion was considered
and it requires a two - thirds vote of the City Council members. It cannot be made if a
motion to reconsider has been previously made. The motion to rescind can be applied
to votes on all main motions with the following exceptions. `vines cannot be rescinded
after something has been done as a result of that vote
undo; or, where a resignation has been acted upon, of
expelled from, a committee or office, and was presr
case of expulsion, the only way to reverse the action
to the committee or office, which requires the isame p
required for the original appointment.
9.16 To Take Action; Main Motions. Main m(
substantive issue being considered by the
call to take particular action. Although lc
motions are clearly the most, important: through theilf
the Council are determined. A main motion can be
motion has been disposed of It cannot interrupt a sp
debatable and amendable; and an affirmative vote of
required unless a greater vote is prescribed b� the Q
Article 10. Enforeinent ofecorum
City Council cannot
been appointed to, or
Dfficially notified. In the
Is is to restore the person
-v stews and vote as is
J policy or'ction on a
the motion' is an initial
nce among all motions, main
tent, the business decisions of
only when a prior main
.,;,a second is required; it is
e (3) Councilmembers is
r or State law.
Enforcement of decorum is a delicate art. On one hand, the spirit of representative
gover thent insists that all points of view be heard and considered, particularly those
of the minority. On the other hand, the integrity ofgovernmental proceedings is
comproniised when decorum is not maintained.
All of 'us have the responsibility to maintain decorum. When any member of council,
staff or the public disturbs the harmony of a meeting of the council, it is the
responsibility of the chair to restore decorum with alacrity with the tools at his or her
disposal.
10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
10 -27 -2015 Minutes Page -14 -
sergeant -at -arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant -at -arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
Let's work together to ensure this is never repeated. There is no reason that we should
allow things to escalate to a point where the necessity of arresting and charging a
member with a misdemeanor is made manifest.
10.4 Motions to Enforce. Any Council member may move
to enforce these Rules and the affirmative vote of a m
present and eligible to vote shall require the presiding
The provision is a very important check
privileges of the chair as well as a reme
10.5 Adjournment. In the event that any r
groups of persons so as to render the
when order cannot be restored by the
deal with an
disturbance, the meeting may, be adjourned and th
.lire the presiding officer
of the Councilmembers
'to do so.
the rights and
hair
disturbed by a person or
of such meeting unfeasible and
individuals who are creating the
business considered at
12.2 Manner of Addressing,, the, Council Time Limit. Each person addressing the Council
hall speak at the podium into'the microphone (or at another designated location), shall
givehislher name atad address in an audible tone of voice for the record, and, unless
further time is granted,by the Council, shall, subject to Section 12.4 below, limit
his/her remarks to three (3) minutes or less. All remarks shall be addressed to the
Council as a body, and not to any individual member thereof. No person, other than
mexnbers of the Council or City staff (when requested by the presiding officer) and the
person having the ffloor, shall be permitted to enter into any discussion, either directly
or th ciugh the iembers of the Council, unless requested or approved by the presiding
officer. Nb questions shall be asked the Councilmembers, except through the
presidingY officer. Responses to questions may be limited as required by State law.
In the spirit of representative government, every accommodation that is reasonable
should be made to ensure the public is heard. That said, a definitive hierarchy exists
when determining who should have a place of'priority in addressing the council.
Taxpaying residents should have the highest priority, as they share the greatest share
in the common interests of the community. Our taxpaying businesses should hold a
place second only to the taxpaying residents, and other interested parties and guests
should be accommodated after the taxpaying community.
10 -27 -2015 Minutes Page -15 -
12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the
Council or otherwise while in attendance at a Council meeting, may be requested to
leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the
meeting if necessary for the conduct of the remainder of the meeting.
The maintenance of decorum is an outward expression of respect for the interests of
the community as a whole. While there is an artful balance that must be maintained
between hearing the public and maintaining decorum, the maintenance of decorum
must always take precedence over an unmanaged hearing cif the public.
12.4 Public Hearings. After being recognized by the
or their authorized representatives, may address
matter of a public hearing being conducted. The
procedures at a public hearing to limit the am'oun
the presiding officer, shall be as set forth in Secti
may speak, subject to the Councilmembers' right
ruling pursuant to Section 9.6. Subject to modif
subject to the Councilmembers' right of app l'p�
order of a public hearing is as follows: (i) the opt,
establishment, if any, of a in gified public heari
(ii) address to the Council by any interested pers<
and Councilmembers, including requests for info
person(s) who addressed the Council; and (iv) ac
on the agenda relating to the hearing.
,ifto Section 9.6, the normal
of the hearing and the
icedure by the presiding officer;
(iii) discussion by the Mayor
Dnfrum City staff or any
y the Council, if any is posted
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council bar written communication in regard to any matter concerning the
City's business or over, which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies
Iii the Councilmerrmbers.
12:6 Hearing of Residents. There shall be included on the agenda of each City Council .
meeting an item labeled ",Hearing of Residents ". After being recognized by the
presiding officer member's of the public (giving precedence to residents of the City)
may address the Council on items on or not on the agenda at that time, providing they
hav,6 completed the "Hearing of Residents" form, unless authorized by the presiding
officer The form shall be made available to persons wishing to address the Council
prior to h6 'fling of the meeting to order and such completed form shall be made
available to the presiding officer prior to the calling of the meeting to order. The
persons signed up for "Hearing of Residents" must speak during the "Hearing of
Residents" portion of the meeting. Councilmembers and members of City staff may
not discuss unposted items nor take any action thereon other than to (1) make a
statement of factual information, (2) make a statement of existing City policy, or (3)
discuss placing the item on a future agenda. Persons speaking shall be subject to the
time limits set forth in Section 12.2, unless otherwise authorized by the presiding
officer.
10 -27 -2015 Minutes Page - 16 -
It is critical that we adhere to the provisions of the Texas Open Meetings Act during
the hearing of residents. Hearing of residents is not a time for back and forth
discussion and should, ideally, serve as a conduit for increasing council awareness of
issues of interest to the public and provide opportunities for exploration in future
meetings where items can be included on the agenda and legally discussed and
debated.
Mayor Carpenter proceeded to begin the discussion /presentation on `Code of Ethics'.
By adopting these codes, council members commit
• transparent and accountable governance;
honest, fair and respectful dealings
wider community; and
Working together to deliver the best
Council Member and Board,
City boards, committees and
recommendations to Council
council members,
and the
the city.
Interactions
in order to provide independent
commissions, to conduct
or may not be subject to appeal
who is specifically assigned to be the liaison
and a board, committee or commission. The primary role of
stator of communications between the board, committee or
icd. A Council member who is appointed to sit as a member
commission is not a liaison for purposes of this policy
t'shall facilitate communications between the board, committee or
the Council. The liaison should not be an advocate for the board,
committe4e or commission, give direction to a board, committee or commission or
influence a decision of a board, committee or commission. The liaison may, however,
assist and provide guidance to a board, committee or commission with their work
plans or agendas.
A Council Liaison Acts as the:
Spokesperson on behalf of the Council when so directed by the Council.
10 -27 -2015 Minutes Page - 17 -
Contact person, if the board, committee or commission (or an individual board,
committee or commission member) wants such a channel of communication.
Council representative present to identify procedural and structural issues relating to
the effective functioning of the board, committee or commission for Council.
Council Liaison Participation Expectations:
Attendance is discretionary with the Council member.
board, committee or commission meetings is not requ:
Liaisons shall have no vote on the board,
Liaison attendance at board, committee or
attendance is requested by the board, comr
Liaisons do not have a right to be in att
executive sessions and shall abstain frog
invited to attend by the collective board,
Ethical Conduct Rules
Ethical Conduct Rules for all City Council
During City Council meetings, City Co
decorum and shall, heitherb conversa;
nor refuse to obey the orders, of the pre,
on
as a liaison at a
discouraged unless
committee or commission
executive sessions unless
mmission.
-s "shall. assist in preserving order and
,ise delay or interrupt the proceedings
or the rules of the City Council.
During City Councilr'teetin s, a City Council member desiring to speak shall address the
chair and, upon recognition by the prq#ding ricer, shall confine discussion to the question
under debate; avoid discnsirtn of personalities and indecorous language, and refrain from
personal attacks and verbal abuse.
During City Council meetings, a City Council member desiring to question the administrative
staff shall address questions to the City Manager, who shall be entitled either to answer the
questioni( )�or designate, a member of City staff. Such designation may occur at any time,
including prior to a Cite Council meeting. City Council members shall not berate nor
admonish stafn'tembers.
During City Council meetings, a City Council member, once recognized, shall not be
interrupted while speaking unless called to order by the presiding officer, to raise a point of
order, procedure or privilege, or unless the speaker chooses to yield to questions from another
member. If a City Council member is called to order while speaking, that member shall cease
speaking immediately until the question of order is determined. If ruled to be in order, the
member shall be permitted to proceed. If ruled to be not in order, the member shall remain
silent or make additional remarks so as to comply with rules of the City Council.
10 -27 -2015 Minutes Page - 18 -
During City Council meetings, City Council members shall confine their questions to the
particular matters before the assembly, and in debate, shall confine their remarks to the issues
before the City Council.
During City Council meetings, when there is more than one speaker on the same subject, City
Council members will delay their comments until after all speakers on the subject have been
heard.
Council members shall clearly state when he /she has been directed by Council to speak on
behalf of the City Council at the meeting of any board, committee or commission. All other
commentary offered before a board, committee or commission deemed to be the personal
opinion of the Council member.
Council members shall not speak on behalf of the Council, at any place or time unless they
have been so directed by the body of the City Council: 1ny commentary offered at anytime, in
public or otherwise, is deemed to be the personal opinion of the City Council member
speaking.
Council members shall clearly state when he /she i
behalf of the City Council at the meeting of any be
commentary offered before a board ,,, committee or
opinion of the Council member.
Council members shall not speak on
have been so directed by the body of
public or o
speaking.
Council members shall not
on any matter that may, con
member;,
to be the
ected by Council'to speak on
ttee or commission. All other
i is deemed to be the personal
,Council at any'place or time unless they
ncil Any commentary offered at any time, in
opinion 6f the City Council member
to any board, anmittee or commission member
re the Council in a manner designed to influence the
any member outside of the meetings in an attempt
has testified on his or her own behalf or as a witness before a
ission on any administrative action which then comes to Council is
-ling as a Council member on the matter only if there is a legal
Mayor Carpenter recognized Councilmember Azzoz who asked if this (Code of Ethics) is
something that already has been placed in Councilmembers packets when we are elected or
are we changing it? Mayor Carpenter stated he is just going over what already exists in the
form of an Ordinance. Mayor Carpenter clarified that the only reason it was put on the agenda
for discussion and possible action is that as he goes over these rules, if we see something we
were not aware of and think is problematic we can talk about it here now. He is merely
covering what is currently on the books, so we are only having a review. We are not voting on
it unless someone sees something we feel the need to change or adjust based on the review.
10 -27 -2015 Minutes Page - 19 -
Councilmember Azzoz referenced back to what Mr. Fowler brought up earlier and he says he
doesn't understand why we don't have the harmony that existed in the past. Mayor Carpenter
responded that, even back in the good old days, there were some intense disagreements too.
Mayor Carpenter proceeded with the rest of his presentation.
Confidentiality of Information Shared in Executive Session.
Council members shall keep all matters discussed in executive session confidential.
Any Council member who shares any part or portion of the
presentations or information heard or presented during an E
to have violated the Codes.
Individual Members of Council Providing Direction
Staff.
Only the City Council, acting as a body, is permitted to
instruction to the City Manager, City Secretary, City At
regarding any matter confronting the City, whether pal'
No member of Council (speeifieally,including the Mayor -th
individual Council members) shall, at any time, give indiv'
define policy for; or make any demand:of `th City Manager,
the City Judge (or Judges) or any member of staff
No member of C
Attorney, City Ju
ordinances.
Any member of
Secretary: Citv I
No
The single exception
the Ma ch may act iri
in auorum. can be ca
discourse,
,ion shall be deemed
City Manager or
direction and
the City Judge (or Judges)
cd or otherwise,.
Pro -Tem and the
,uction to, attempt to
retary, City Attorney or
fl shall, attempt to influence the City Manager; City Secretary, City
(or audges) or any member of staff to circumvent City rules, policies or
- course, at any time, make requests of the City Manager, City
'ity Juu c (or Judges) or any member of staff for information,
be necessary, so long as no orders, threats, promises,
elicit or implicit, are issued.
that in times of emergency lawfully declared by the Mayor,
as to matters of urgent need until a meeting of the Council,
Any member 6f giving individual instruction or making a demand of the City
Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff,
with the exception of times of emergency lawfully declared by the Mayor, during which time
the Mayor may act independently until a meeting of the Council, in quorum, can be called,
shall be deemed to have violated the Codes.
Violations
Violation of the Code of Ethics
Council members are expected to abide by the Codes at all times.
10 -27 -2015 Minutes Page - 20 -
Any Council member not adhering to the Codes shall be in violation of said Codes.
Violations of Provisions of the City Charter
Council members are expected to abide by the articles set forth in the City Charter.
Any Council member who acts in violation of or in a manner inconsistent with the provisions
of the City Charter shall be deemed to have violated the Codes.
Violations of Law or Policv by Council Members
Depending on the circumstances of alleged violations of law, or policy,
initiate an investigation of the allegations prior to the filin :of a request
described in this policy.
Nothing in this policy shall preclude individual Council members from
statements regarding such alleged conduct.
In deciding whether or not to open an investigation (whetl
Article IV, Section 4.10 of the City Charter), City Council
whether a Council investigation may
same alleged actions, and, if the actic
right of the accused Council member
proceeding with an investigation;
if persons involved in the allegations,
against s
• how t
those
At any, paint during any of
appropri t', to the Bexar,
Commission, or to another
Council may proceed with
Violations
crimination, which ma,)
ged events; and
the protection of rights
compromise orne
ns may result in c
the Council may
for any of the actions
public
these rules or pursuant to
�stigations regarding the
tal charges, whether the
oa,flurjur Y trial maybe compromised by
zay choose to exercise their constitutional right
limit the investigation's ability to present a full
lose accused of violations of law or policy,
who have information regarding the
)cesses described in this policy, the Council may refer the matter, as
or Guadalupe County District Attorney, the Texas Elections
iforcement agency, for investigation. Following such a referral, the
Lions it chooses to take under the provisions of the City Charter.
Any suspected violation or alleged violation by a Council member must be reported to the Mayor Any
suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the
City Attorney. In the case of a City staff member making the report regarding a Council member, the
report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City
Manager and City Attorney will assist the Mayor (or the Mayor Pro-Tern regarding a report concerning
the Mayor) in following the procedures addressing violations or alleged violations.
Enforcement of Violations
10 -27 -2015 Minutes Page - 21-
The members of City Council have the obligation to govern themselves responsibly in the
enforcement of any violation of this policy. The objective for establishing rules of enforcement
pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of
enforcement against violations of this policy. As a general matter, enforcement of this policy may be
progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore,
Council is not bound to the enforcement guidelines of this policy, and should make decisions on a
case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps
listed below, or may choose not to use any step, depending on the circumstances under review.
City Council members may take any appropriate disciplinary action including, but not limited to:
Cautioning
Cautioning is identified as a verbal reprimand due to a violation of thy policy. The cautioning
is only a verbal reprimand and shall not be recorded. cautioning shall only be administered
in private by the Mayor with only one member of Council „present. If the Mayor is receiving
the cautioning, it shall be administered in private, by the Mayor Pro -Tern with only one (1)
member of Council present.
The,cnsure of any Council member, including the Mayor, shall be administered in writing.
Censure may last up to sixty (60) days or as appropriately defined by City Council on a case
by case basis. At the end, of the censure period, the censure has expired and shall not be
extended. A buncil member placed under censure may return to a good standing status once
their censure neridd has ended.
The body of the" City Council may determine to end the censure period of a Council member
prior to the conclusion of said period at their discretion. All censure hearings shall be
conducted in accordance with the Open Meetings Act. Because censures are administered in
writing, a censure must be publicly voted on in open session of City Council. The censure of
any Council member must be passed by a 2/3 supermajority vote.
Mayor Carpenter thanked council for listening to his presentation; it does set us up with a
foundation upon which we can build, given the concerns that were shared this evening.
10 -27 -2015 Minutes Page - 22 -
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 8.
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
11. Announcements by Mayor and Councilmember
;Mayor Carpenter recognized Mayor, 'Pro -Tem Fowler who stated he attended the Tuesday,
October 20, Chamber Monthly Luncheon at the Schertz Civic Center. He enjoyed the speaker
who brought up something that is relevant to what we have been discussing — working as a
team requires individual members trusting in all of the other team members. The impact of
that trust 'results in more productivity, effectiveness, and speed. He will attend the Chamber
Biz Ed meeting tomorrow morning where that same speaker will be present and provide more
details on this same subject.
Mayor Carpenter recognized Councilmember Azzoz who stated he expects to break a previous
record (5,500 meals) this year serving Thanksgiving meals to those in need. He is looking
forward to this event.
Mayor Carpenter recognized Councilmember Edwards who congratulated Ms. Ria Rivers, a
Schertz resident who recently opened up her first modeling school in San Antonio in a place
called Warehouse Five. He also mentioned he has observed that the City of Cibolo has taken
some steps to refurbish their downtown area and we should take notice of this and focus on
10 -27 -2015 Minutes Page - 23 -
our own Main Street projects. Third, he attended the Tech it Out Mixera tech mixer about
different venture capitalists who are trying to come into the area and maybe do some things
from the technology side. He also attended the Legacy Oaks Retirement Grand Opening.
Mayor Carpenter recognized Councilmember Thompson who stated he also attended the
Legacy Oaks Retirement event and gave kudos to our fire department for making sure the fire
lane was kept clear - -with 400 people present it was necessary. He also attended the Senior
Center Spooktacular Haloween Party which was a lot of fun. He commended the Student
Mayor /Council for the Day participants as well as organizer City Secretary Brenda Dennis; he
hopes this program will continue in the future.
Adiournment
Mayor Carpenter adjourned the meeting at 8:59 p.m.
R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
10 -27 -2015 Minutes Page - 24 -
MINUTES
SPECIAL JOINT AND REGULAR MEETING
September 15, 2015
A Special Joint Meeting with City Council and the Planning and Zoning Commission and Regular
Meeting of Council was held by the Schertz City Council of the City of Schertz, Texas, on September
15, 2015, 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 Grumpy Azzoz
Councilmember Cedric Edwards
Chairman David Richmond
Commissioner Richard Braud
Commissioner Bert Crawford
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
1. Call Joint Workshop meeting to order
a. City Council — Mayor Carpenter,
Mayor Carpenter called the City
b. Planning & Zoning'Cotnmission —
Chairman, David Richmond called
to order at 5a0 41).M.
Mayor Carpenter asked that we move to the
the United States and the State of Texas..
(Mayor Pro- Tem'Fowler)
Mayor Pro -Tem Jim Fowler
Councilmember Daryl John
Thompson
Ken
City Manager'John Kessel
Executive Director Bob Cantu
City Secretary Brenda Dennis
meeting to order at 5:03 pm.
tvid Richmond
and Zoning Joint Workshop meeting
Prayer and Pledges of Allegiance to the Flags of
and State of T
Mayor Carpenter recognized Mayor Pro -Tem Fowler who provided the opening prayer followed by
the Pledges of Allegiance`to the Flags of the Unites States and the State of Texas.
Workshop
• Workshop discussion regarding proposed 2012 ICC Building Codes. (B. James /M.
Sanchez /G. Durant)
Mayor Carpenter stated that even though the workshops are not posted as a public hearing he
would like to treat the workshop items as such allowing individuals to speak.
Mayor Carpenter recognized Executive Director Brian James who stated that the idea as
Council had directed is to have Council and Planning and Zoning members here who have
9 -15 -2015 Minutes Page -1-
been crafting these Ordinances as well as the builders to do a much less formal discussion and
still have a formal dialogue.
Mr. James stated that before we get started, he wanted to bring up Senior Planner Lesa Wood.
Mr. James stated that at the last meeting it was announced that the City's Planning
Department applied for the Texas American Planning Association Planning Excellence Award
and we were notified that they had received that; Lesa Wood and Bryce Cox for the second
year in a row. One of the things they said was that we did not achieve this by ourselves. It
took a lot of individuals helping them in terms of being supportive - Council, the Planning and
Zoning Commission and other departments. One of the awards they said we should really
throw ourselves into was to recognize one of those individuals That, helps them. The Texas
American Planning Association has a Planning Commissioner of the Year Award that they
give out to one Planning Commissioner in the state tQ recognize their service. You can
imagine how many Planning Commissioners there are across the state of Texas.
Unbeknownst to this person, but known to many off: ou who signed letters and sent them in,
Planning and Zoning Chairperson David Richmond is now being recognized this year with the
Texas Chapter of the American Planning Association as Planning Commissioner of the year.
Mayor, Council and the audience gave Mr. Rich=mond a tanding ovation for this award and
congratulated him. Mr. Richmond stated that he wanted to say thank you and it was totally
unbeknown to him and he certainly,appreciates it. Mr: Richmond stated that he has enjoyed
his many years working with the Plaguing Staff and the numerous Councils that have been
seated and he looks forward to more years ahead.
Mr. James stated that one of the things they di i" was to, cones forward to City Council with the
update on the City's, Building Code, trying to go from the 2006 to the 2012 International
Building Code, and the builders had a number of concerns and issues associated with that.
Some of those had to do with the local amendments that we have with the present code and
others centered on the I process in terms of the ylength of time it took to get through the
permitting process for -�s ngle fahiily plans. To the credit of Gil Durant and his folks, Carl,
Lonny, Ji ,Bernice, Debbie, Patti and Michelle, they have actually got caught up. He stated
there was one or two days two weeks ago where there wasn't any single family plans waiting
for staff review. He stated that we had over 55 and were able to process all but 15 which were
sent back with comments. He stated the builders have been kind enough to resubmit quite a
few m6r,permits. In fact, in the month of September, we are only half way through and they
have turned in about 29 new single family plans. Our goal was to get caught up and it felt like
if we could; e can staon top of them and have a reasonable turnaround which will then
allow us to focu on consistency, which has been an issue with the builders. Mr. James stated
that the proposed `ordinance with amendments were presented to the Planning and Zoning
Commission on July 22, 2015 where they issued a favorable recommendation to City Council
for approval. A public hearing and presentation to Council was provided on July 28, 2015
where they tabled the item to allow staff to work with builders and the Greater San Antonio
Builders Association (GSBA) on concerns they had voiced. GSABA met with builders to
review the ordinance and amendments and to offer additional information.
Mr. James provided the following list of items that seemed to be the biggest issues:
9 -15 -2015 Minutes Page - 2 -
Amended Discussion Items:
• Omitted the requirement for a design professional to seal the mechanical, plumbing
and electrical plans for residential and commercial construction.
• Maintained the standard design professional and submittal documents requirement
provided for in the IBC and IRC, respectively.
• Maintained that a design professional is required for all Assembly, Educational and
Institutional construction projects.
• Added that a representative of the design engineer may perform the pre -pour
inspection and be present during placement of the concrete for both residential and
commercial construction.
Codes Proposed for Adoption:
Members of
opinions reg,
Mayor Carpenter
treat this like a
+ Clayton Morn's
• Jim Leonard, C
•eg Asvestas,
• Joe: Leos, DR I
• Tim Prki, Bella Vista Homes
• Col. Islef, Joint Base Randolph
• Lt. Col. Robin Baldwin, Joint Base Randolph
• Richard Bowman, MLAW Engineers
& Zoning Commissioners provided their comments and
t there is enough of public interest and mentioned he would like to
arng d opened 'it up to those that wished to speak. Mayor
►llowine that provided their comments:
PIS
I
Council and Members of the Planning & Zoning Commissioners continued their discussions
and provided further comments.
After exchanged dialogue regarding the above topics, Mayor Carpenter concluded by stating
the reason he asked Council for the latitude from the Council and the Commission to allow
folks to speak is there is not a simple answer; there is not a silver bullet answer that says if
we do this then we have solved the problems. We are trying very carefully on the Planning
9 -15 -2015 Minutes Page - 3 -
and Zoning Commission and on this Council to balance the rights of builders, engineers,
developers, residents, potential residents and the positon of government amongst all those
things. It is a delicate balance. A person that owns a piece of land in the State of Texas and
in the United States has a great deal of rights, things they can do and things they can choose
to do. There is also the interest of the community in the aggregate and in being business
friendly. All these things have to be carefully balanced. He would say that there is never an
untimely discussion that's had by Planning and Zoning or by the elected members of this
Council about any of that. If we take six months to get this squared away, or six days, or two
years, as long as we get it right then we have done our job. Right is difficult to define and can
change over time. There is nothing we can do in any of our ordinances that will absolutely
anticipate all potential outcomes, problems, or issues. However, we-do the best we can. The
point of his commentary is we may get to a place here shortly where we amend our building
codes, where we amend our ordinances and it won't be the last time and it is an iterative
process that will go on far after most of us are dust in boxes. The', Mayor's last comment was
that in the end we as a community have chosen to be.'what is called a Texas Home Rule City.
You will hear him say this again and again, sometimes to people's pleasure and sometimes to
their displeasure. It means it is our home and we will make the rules as e see fit, and that is
how that will be, and that will be based on input from the Planning and Zonitl Commission,
from this Council, from our Business Community "a,d from" our Residents.
0 Workshop discussion on deferral of all public
Woodlee)
(B. James /L. Wood /K.
Mayor Carpenter recognized Senior Planner Lena Wood who stated the workshop purpose is
that staff is seeking direction from Council and Planning and Zoning on allowing Community
Facility agreements fcir deferral of public- improvement that are not in conjunction with a
development or ; dale of property. Ms. Wood provided the following information for
discussion:
UDC, SECTION 21.4.15E 2 provides for:
• The property owner or applicant may request to defer the obligation to construct and
install 'one (1) or more public improvements to serve the subdivision until after the
final plat :recordation. The request shall be submitted with an application for
preliminary plat approval to provide fair notice of the intent of the developer.
• Deferral of the obligation to install public improvements shall be conditioned on the
execution of an agreement and sufficient surety to secure the obligation defined in the
agreement.
o While this provision exists in the UDC, the City has only generally entered into these
agreements to allow the developer to construct the public improvements in conjunction
with site development (CST) or to allow the plat to be filed when only a few minor
items still need to be completed (finishing constructing sidewalks or screening walls).
9 -15 -2015 Minutes Page - 4 -
o Community Facility agreements have not typically been done to simply allow deferral
of the improvements in order to file then plat.
o Filing of the plat is needed to sell a portion of a property (when platting is required).
This requires the buyer or seller to install the improvements before the sale may occur.
Developers have approached the City to allow the public improvements to be deferred
to allow a sale to occur.
Ms. Wood stated a few things to keep in mind with deferral of improvement for speculative
development:
• Potential financial risk (i.e. shortfall on material costs, unexpected conditions, etc.)
• Staff time and cost to draft and manage the
• Workshop discussion and update regarding the Joint Land Use Study (JLUS). (B. James /L.
Wood)
Mayor Carpenter recognied Executive Director Brian James who stated they want to get
some,, direciiou' ' from Cotacii as they go forward in the implementation of this study
document. The purpose of the JLUS is to guide planning and development in local
jurisdictions around J SA Randolph. It is critical to ensuring compatibility between future
land uses and the base: This is so we don't do things that negatively impact the operation.
Because cif inherent risks involved in their training operations it is important for us as a city to
make appropriate decisions on anything around the base. The JLUS effort was headed up by
Bexar County, and stakeholders included JBSA Randolph, the local jurisdictions, the cities, the
counties, the Mf'', and some other partner agencies as well as the general public, including
some residents and landowners. What comes out of this effort is a document that Randolph
can't necessarily make happen; it is up to those cities and other agencies to bring about.
Councilmembers, Planning and Zoning Commissioners, Colonel Isler, and Lt. Colonel
Baldwin discussed the items listed below.
Previous JLUS Documents
• 2000 Randolph AICUZ Study
-APZ II limited to 2 units per acre and included land use guidelines in other areas
-Sound attenuation in high noise areas
- Implement height and obstruction controls
9 -15 -2015 Minutes Page - 5 -
• UDC amended to create AICUZ Overlay District and noise restrictions
Most recent update was in 2008
Regulations similar to 2000 document
UDC amended to make AICUZ a Special District that referenced the AICUZ study
Current Update
• The first public workshop for this JLUS update was held in October 2013 and the last
in July 2015.
• Development of the JLUS was guided by the Executive Committee and the Advisory
Committee.
• The City of Schertz had representatives on these committees and provided comments
to the draft documents.
• Discussions between City Staff and the JLUS,consultant as well as JBSA personnel
were held on multiple occasions to understand and discuss the bai,of the JLUS
recommendations.
atible Use Zone
Accident Potential Zones (APZs)
-Clear Zones (CZ) — expanded to 3,000' x 3,000' virtually no uses allowed
= accident Potential Zone 1 (APZ 1)
- Accident Potential Zone 2 (APZ 2)
• Other Components
- Aircraft poise Contours
- Imaginary Surfaces
-Vertical Obstructions
-Bird Strike Hazard Relevancy Area
Summary of Key Strategies
• Alternative Energy Development
- Amend UDC to restrict height and placement of wind turbines
• Legislative
9 -15 -2015 Minutes Page - 6 -
-While not a Schertz strategy, one strategy is to amend real estate forms to notify
buyers they are in a high noise area and military impact area
• Light and Glare
-Amend UDC to restrict light pollution
• Communication/Coordination
-Allow JBSA to review certain development applications within the MIAOD (Military
Influence Area Overlay District)
- Develop regulations regarding temporary cranes in certain areas
Strategy Areas
Land Use
District
unit per 20 acres for the east
• the west runway
• Limit the areas between the southern APZs to, I ,un�t,per 10 acres.
• Recommends, aniending Comprehensive Plan, UDC and modifying zoning accordingly
• Consider a Joint Airport Zoning Board (JAZB) to regulate properties in the
• Support JBA to acquire land in the Clear Zones (CZs)
• Restrict use of, Planned Developments and Clustering where they would conflict with
►.Ia
• Consider increasing density east of FM 1518 (10,000 square foot lot minimum) to
offset the reduction' in density west of FM 1518.
Change in land uses proposed impacts Thoroughfare Plan project timeline.
• Noise and Vibration.
Amend Codes to require sound attenuation (part of building code update).
Signs in the ROW of high noise areas.
• Safety
Identify and adopt reductions in FAR (floor area ratios) in APZs.
Direction to Staff
Staff is seeking feedback and direction on beginning implementation of the JBSA JLUS
strategies.
9 -15 -2015 Minutes Page - 7 -
Mayor Carpenter recognized Lt. Col. Baldwin from Randolph Air Force Base who stated they
are appreciative of Schertz staff and leadership and listening to their concerns and issues
regarding public safety. He said they fly high volume trainer fighter aircraft - -about 200,000
operations a year. San Antonio International Airport flies about 14,000 operations per year;
so Randolph is extremely high density compared to the typical airport. He explained their
planes (being slightly underpowered) must fly lower until they gain that energy to climb
safely from the ground. Eighty percent of their flights go southward and as Schertz develops
in that direction they have to calculate what an acceptable about of risk would be.
Lt. Col. Baldwin also spoke next about the bird aircraft
8,000 and 10,000 white wing doves that frequent the area.
to help modify that habitat, hoping to see a reduction. , l
damaging air strikes plus countless others. Due to the 'co
ingestion of birds during takeoff can cause it to lose its 61
pilot can no longer control the plane and it will fly in a stra
According to past studies, most mishaps (60 %, occur in th
of our bird situation and our heavy operations to the soi
where we have the potential to create a great hazard to th`,
aircraft. This is the main safety issue.
rike hazard. There are between
"hey have been cutting back trees
st year they had 15 documented
,truction of the T -38 aircraft, the
ist; if you lose those engines, the
ht line rather than gain altitude.
landing phase of flights. Because
h, for us, that statistic is flipped
community if w6 lose one of our
The other issue has to do with the noise; which is much heavier toward the south. You have
anywhere between 65 up to 79 decibels all the way through both accident potential zones
which is generally not recommended for residential development.
Mayor Carpenter recognized, P & Z Conitnissioner Michael Dahle who stated he likes what
the Air Force does. He hope as a community we will support on a legislative level the real
estate form notification. He thinks this is an important component to make sure when people
purchase homes they are aware they are in ,,a'' high noise area. He also thinks dark sky
compliant lighting should be mlemented col mmunity wide not just in the JLUS impact areas. 11 As we ltstrk t:ehanging'oru comprehensive land plan (density); this is something we should
have done years ago. We started that when we went through the Gateway Study and put
significant areas in southern. Schortz into the newly designated Ag conservation district area,
whi
After more dialogue from council regarding the above topics, Mayor Carpenter concluded
with an explanation of why the APZ is so important to the City of Schertz. Part of our
problem is that they cannot fly north anymore due to the buildout of Universal City. If the air
9-15-2015 Minutes Page - 9 -
force had unlimited money a lot of this could be alleviated; however, that money is not
available. Another challenge is all the land that is owned by families in the south part of the
city that has been there before the air force base was around. When it is time for their
descendants to sell that property, we will severely limit their use. We need to think very
carefully about to what degree we limit development and with the same fervor and
consideration that we consider doing everything we can to preserve the mission and additional
missions brought to Randolph for the future. This is a complicated issue and decision we are
making. This is someone's opinion and it is today's opinion. There is no simple answer.
P & Z Commission Chair David Richmond stated until fairly recently our concentration was
basically to the north. The residents to the south were not affected lint since the north is built
out developers have begun construction in the south end. The timing on this is extraordinary
because we have not gotten too far afield south although mangy developers recognize that is
where Schertz's future can be and they want a piece of it. Hopefully working with the
Randolph folks, there is a win -win in this that both ca: benefit from.
2. Adjournment Spepial Joint Workshop.
a. City Council Mayor Carpenter
b. Planning �Yi�. Zoning Commission — Chairman, David Richmond
Mayor Carpenter and Chair Richmond adjourned the joint meeting at 7:49 p.m.
Call to Order
9 -15 -2015 Minutes Page - 10 -
Mayor Carpenter called the Regular Council meeting to order at 7:49 p.m., and requested that they
move to the Hearing of Residents section of the agenda.
Hearing of Residents
No one spoke. Mayor Carpenter moved to the Presentation section of the agenda.
Presentation
• Guadalupe Regional Medical Center — Prescription Assistance Program report. (D. Wait/Jerry
Riggs)
Mayor Carpenter recognized Prescription Assistance Program Director Dr. Jerry Riggs who
stated they have seen an 18% increase in participation :of Schertz, residents in the past six
months. The total increase in participation has been 21 %. The total amount of benefits to
Schertz residents has been about $7,230.00 per year. He thanked the City of Schertz for their
annual contribution of $5,000.
Mayor Carpenter stated that the folks that take advantage ,of f tho,program benefit a great deal.
We get a lot back in return for our $5,000 annual to n, ribution. Council may need to think
about increasing this contribution amount by about $2,500 but that is a discussion for a future
time. Dr. Riggs stated that anytime anyone wanted to stop "ley the hospital in Seguin he would
be glad to take them on a tour.
Mayor Carpenter recessed the regular meeting at 7:52 .m. fora ten minute break.
Mayor Pro -Tem Fowler requested that Consent Item No. 3 be removed for separate clarification
and consideration.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of September 8, 2015. (J. Kessel /B. Dennis)
2. Ordinance No. 15 -T -33 — Consideration and/or action approving an Ordinance authorizing a
Budget Adjustment to the General Fund to fund the Pickrell Pool Liner Replacement. Final
Reading (J. Kessel/J. Walters)
The following was read into record:
9 -15 -2015 Minutes Page - 11 -
ORDINANCE NO. 15-T-33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL
FUND TO FUND THE PICKRELL POOL LINER REPLACEMENT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE
Mayor Carpenter recognized Councilmember Edwards who
Tem Fowler to approve consent agenda items 1 and 2. The i
Pro -Tem Fowler, Councilmembers Azzoz, John, Edward
no one voting no. Motion passed.
Discussion and Action items
3. Resolution No. 15 -R -78- Consideration and/
one Sewer Outfall Easement Agreement with
of the City of Schertz for the Woman He
Wait/S. Willoughby /J. Hooks)
seconded by Mayor Pro -
unanimous with Mayor
hompson voting for and
ng a xeson
for the use,
The following was read into record:
RESOLUTION NO. 15 -R -78
authorizing
and control
nt Plant.(D.
Mayor Carpenter, recognized "'Mayor Pro -Tem Fowler who stated he wanted clarification of
whta sewer outfall was. Executive.. Director Brian. James stated it is an F1 outfall which
essentially is a treated effluent'ihat, is put back in and stated we need an easement from the
property?: owner to put it back in the creek on their property. This is a temporary batch plant
that servIc the Crosssvine Development and when the south Schertz plant comes online and
the trunk tine gets up there, this easement will go away.
Mayor Carpenter, recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Edwards to approve Resolution No. 15 -R -78. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
4. Resolution No. 15 -R -79 — Consideration and /or action approving a Resolution authorizing an
amendment to the Operating Agreement with WellMed Medical Management, Inc., to allow for
a one year extension. (B. James)
The following was read into record:
9 -15 -2015 Minutes Page - 12 -
RESOLUTION NO. 15 -R -79
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT TO THE WELLMED
OPERATING AGREEMENT.
Mayor Carpenter recognized Executive Director Brian James who stated in October 2010 the
City entered into an agreement with the Comal County Senior Citizens Foundation and
WellMed Medical Management, Inc. (WellMed) that allowed WellMed to utilize
approximately 2,500 square feet in the senior center building for a medical practice. That
agreement was amended in 2014 with the termination of thel.,dgrcement with the Comal
County Senior Citizens Foundation.
The agreement with WellMed runs through September 201.5 and provides for two successive
three year terms. WellMed has indicated that due to the need for additional space they need to
move to a larger facility. As such, they are requesting a one year extension.
Given space constraints at the Senior Center, lhjs will w
Senior Center to expand into that space to provide ad
space. WellMed will pay $1,375 per month for utilize
responsible for bearing any costs ,,for improvements to
senior center. WellMed has requested that a provision
would not allow the space to be use' & to perform see
WellMed is providing until October L- 2020. Staff is co
of the fact that we are planning to expand th -senior a
support WellMed has- provided to the ` Senior Center
anticipate their involvement to continue going forward.
well for the City,as it allows the
)rtal meeting and function room
of the space. The City will be
space to utilize it as part of the
included in the amendment that
substantially similar to those
iiible with this provision in light
er into this space and given the
r the last 5 years and that we
The following was read into record:
RESOLUTION NO. 15 -R -80
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR THE REINVESTMENT ZONE NUMBER TWO, SEDONA
& CROSSVINE DEVELOPMENT PROJECT.
9 -15 -2015 Minutes Page -13 -
Mayor Carpenter recognized Executive Director Brian James who stated in December 2006,
the City created the Tax Increment Reinvestment Zone Number Two, generally referred to as
the Sedona or Crossvine TIRZ. The TIRZ allows for the reimbursement of costs associated
with the development of the project from property tax revenue generated by the increase in
value of properties within the TIRZ. In 2008 the City Council authorized the original
Development Agreement.
The project, originally named Sedona was constructed, but with the downturn in the economy,
development did not continue. The project was revived by the new developer, Chris Price, as
The Crossvine and construction resumed. Staff has been in discussions with the developer
about the need to update documents associated with the project`as a result of the changes
being proposed to the project. Initially the project, as evidenced by the first phase of Sedona,
was envisioned as more standard suburban subdivision with, a, grid pattern of lots. As is
proposed now, the development includes a mix of lot and product types, curvilinear streets,
drainage areas integrated as open space into the development, and unif ying design elements
such as fencing, open space, signage, and landscaping.
The revised Development Agreement was rec mmended: for approval by the TIRZ Board.
There are a number of major changes proposed as'part of he Development Agreement. Under
the 2008 agreement the Developer is required to construct a 10,000 square foot fire station for
a cost not anticipated to exceed $1.2 million with the City bearing any cost overruns. The
Amended Development Agreement'requires the Developer to pay the City $1,185,151 to be
used by the City in building the fire station., The reduction of $14,849 is for the value of the
3.1 acre tract previously conveyed by the developer that was anticipated to be the location of
the fire station. As a note, the location of the,proposed station is being studied as part of the
City's facilities mast plan effort.
Mayor Carpenter, recognized Councilmember Azzoz who asked if this fire station would be
the one proposed for FM 1.518. Mr. James confirmed this as the one. They have since decided
that having it front to 151$ is probably not ideal, but rather have it on aside street for easy
entry and exit Wile we have the three acre property we probably will not use that, but look
for the best site 'and go with that and later figure out how to dispose of that 3 acre property.
Councilmember Azzo asked if the money we receive from the Developer is in addition to the
bond issue we currently have proposed. Mr. James said yes. Mr. Azzoz said with that extra
money we could put a one -unit EMS vehicle out there as well. Mr. James replied that when
we originally suggested this, we didn't just say a fire station, but rather a `public safety
facility'. For example, if a police officer needed to go out to that area, a room would be
available for him, to do paperwork or interview a resident, etc. EMS would also have the
opportunity to work out of the facility as needed.
Mayor Carpenter recognized Councilmember Edwards who asked are we to appoint at this
time or take a look at in the near future some aviation -type equipment in case there is an
incident in that area. Mayor Carpenter stated this probably would have to be a separate
agenda item for later because this item is only for this resolution. City Attorney Charles Zech
affirmed that this discussion is just for this amendment.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Fowler to approve Resolution No. 1.5 -R -80. The vote was unanimous with Mayor Pro-
9 -15 -2015 Minutes Page -14 -
Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no
one voting no. Motion passed.
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /B. Cantu)
No announcements were provided at this time.
• Announcements and recognitions by City Manager (J. Kessel)
No announcements were provided at this time.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary
confirmation for agenda items 1 through 5.
Requests and Announcements
G
a
Announcements by City Manager
Citizen Kudos
Recognition of City employee
New Debartmental initiatives
Mayor Carpen
Bryant for goi
on his original
Requests by
agenda.
who
the roll call vote
Kessel who stated he wanted to thank Sandy
pdating local resident Mr. Robert Brockman
it of order at the Playscape last week.
ne that "the September 22, 2015 City Council meeting is
lmembers who will be away attending the annual Texas
stated we will also be cancelling October 6, 2015, so
the National Night Out Campaign in the community.
of a Council meeting on October 20, 2015 (third Tuesday of
Councilmembers that items be placed on a future City Council
Mayor Carpenter recognized Councilmember Thompson who stated that a couple of weeks
ago at the Schertz Chamber of Commerce, members of ACCOG requested to be allowed to
make a presentation at City Council as some elements of it involve some food for our senior
center. It will take about 5 -7 minutes and could be very informative for us.
Mayor Carpenter recognized Councilmember Azzoz who requested an update on the pool and
related bond issue. He has been getting calls from residents lately wanting to know why the
9 -15 -2015 Minutes Page -15 -
city is building two pools instead of just one. He wants the City Attorney to give us an answer
on the record — to define the bond issue from one pool to two pools. He requested this be on
the next meeting's agenda.
Councilmember Azzoz also requested a briefing on the Evergreen Solutions recently
completed Classification and Compensation Study regarding the positions of Police, Fire, and
EMS; when will it take effect, when will they get their retroactive pay, etc. He also had
some questions regarding the compensation to the street department staff members. City
Manager John Kessel responded that he will be glad to get that information for him.
Mayor Carpenter recognized Councilmember Edwards who
brief discussion /workshop regarding rules and policy reg�
public and /or private property.
Announcements by Mayor and Councilmembers.
Mayor Carpenter recognized Mayor Pro -Tem ;Fowler v
event:
0 Tuesday, September 15, Monthly Chamber L ncl
would like to have a
itical signs placed on
Councilmember Azzoz also stated he would he' hostiti
near future and will P- t back with us re2ardi 2 the date
9. Information available
0 FM 3009 Sidewal.
Executive Session
who stated he attended the following
YEW-110315, POW/MIA Ceremony, 1000 Hwy 78.
Monthly Chamber Luncheon, Schertz Civic Center.
Thompson who stated he attended the following
12, VFW #8315 POW /MIA Ceremony, 1000 Hwy 78.
Council Packets - NO DISCUSSION TO OCCUR
Width. Update.
Mayor Carpenter recessed the regular meeting at 8:30 p.m. into Executive Session.
10. City Council will meet in closed session under section 551.074 Evaluations of the City
Manager.
9 -15 -2015 Minutes Page - 16 -
11. City Council will meet in closed session under section 551.074 Evaluations of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
Mayor Carpenter reconvened into Regular session at 9.09 p.m.
10a. Take any necessary action based on discussions held in closed session under Agenda Item
number 10 including possible increase in salary.
No action taken. Mayor Carpenter stated that in summary
work that you do and are doing a great job for the City and
us for a long time.
11 a. Take any necessary action based on discussions held in clo,,
number 11 including possible increase in salary.
No action taken. Mayor Carpenter stated that in," summ
are doing a great job for the City of Schertz and also h
for a very long time.
Brenda Dennis,
ecretary
9 -15 -2015 Minutes Page - 17 -
1essel we appreciate the
that you stay around with
under Agenda Item
the Council w, e think that you
qt you will please stay with us
David Richmond, Chair P &Z
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department:
Engineering
Agenda No. 2
Subject: Ordinance No. 15 -D -35 An Ordinance by
the City Council of the City of Schertz,
Texas, Amending the Vehicular Weight Limit
on Schwab Road from FM 482 to 500 feet
toward IH 35. Final Readin z
1 -To "It" "111 A`I I
Some months ago staff received an inquiry from a citizen about the intersection of Farm to
Market (FM) 482 and Schwab Road in the City of Schertz. The resident was concerned about the
large trucks turning from Schwab Road onto FM 482 and their ability to not make the turn
safely. After an investigation by Public Works and Engineering Staff, it was established that
heavy truck traffic is unable to safely maneuver through the intersection without encroaching
into oncoming lanes or leaving the driving surface and was creating an unsafe situation for other
vehicles passing through the intersection and is severely damaging the roadway.
Constraints exist within the right -of -way, including a drainage facility, overhead and
underground utilities, and multijurisdictional issues (City, Texas Department of Transportation,
Union Pacific Railroad, Army Corps of Engineers). These challenges prevent the road from
being improved at this time. In order to promote safety within the intersection until
improvements can be made, it is proposed that a vehicle weight limit be imposed on Schwab
Road in the vicinity of its intersection with FM 482.
It was recommended that a restriction on large trucks using this section of roadway be enacted.
The recommendation was supported by a vote of from the Transportation Safety Advisory
Commission (TSAC).
Staff has communicated with both Sysco and GE about the proposed restriction.
Council approved this on first reading at their meeting of October 27, 2015.
Goal
To help ensure the safety of vehicular traffic and appropriate use of intersections maintained by
the City.
Community Benefit
The restriction of access to the intersection by large, heavy trucks, vehicular safety at the
intersection will be promoted. Additionally, the need for frequent maintenance (patching) of the
pavement on Schwab Road will be significantly decreased.
Summary of Recommended Action
It is recommended by Staff to include this section of road in Section 86 -54, Vehicular Weight
Limit, of the City Code of Ordinances.
WLTS��4"
The fiscal impact of $600 for signage will be paid out of FY 2015 -16 budget account 101 -359-
551600 Street Maintenance.
RECOMMENDATION
Staff recommends Council approve, on final reading, Ordinance 15 -D -35 designating a vehicle
weight limit of 15,000 pounds on Schwab Road from the intersection of FM 482, 500 feet toward
IH 35 and thus amending the Code of Ordinances Section 86 -54, Vehicular Weight Limit.
ATTACHMENT
Ordinance No. 15 -D -35
Exhibit
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 -54, VEHICULAR WEIGHT
LIMITS ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has been established that a section of Schwab Road needs to be covered under
Section 86 -54 Vehicular Weight Limit of the City Code of Ordinance.
WHEREAS, it is recommended to add a 500 foot section of Schwab Road to the City Code of
Ordinances under Section 86 -54 Vehicular Weight Limit, protecting the intersection from
vehicles that cannot maneuver safely through the intersection of Schwab Road and Farm to
Market Road 482 and ensuring the safety of commuters and other travelers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. Section 86 -54 of the Code of Ordinances, Vehicular Weight Limits on
Roadways Maintained by the City of Schertz, Texas shall be amended to add the following:
Street Extent Weight Limit
Schwab Road from the intersection of FM 482, 15,000 pounds
Approximately 500 feet toward IH 35
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 authorized herein 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 requited by law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT
THIS ORDINANCE WAS PASSED and APPROVED on first reading, this 27th day of
October, 2015.
PASSED, APPROVED, and ADOPTED on second reading this 10th day of November, 2015.
Mayor, Michael Carpenter
City Secretary, Brenda Dennis
(CITY SEAL)
VEHICLE WEIGHT LIMIT AREA
City of Schertz
ORDINANCE NO. 15-D-35
SCHWAB ROAD EXHIBIT
Miles
0 0.05 0.1 0.2 0.3 0.4
2 1-�,: Pre-Warning Sign
1EWarning Sign
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department:
Subject:
BACKGROUND
City Secretary
Boards, Commissions and Committee
Member Resignations and Appointments
The City has received information from Mr. Dean Wiertz, Chair of the Historical Preservation
Committee that effective October 22, 2015, Mr. Walter Turk resigned.
FISCAL IMPACT
None
Staff recommends ratifying the resignation of Mr. Walter Turk.
ATTACHMENTS
Email From Dean Wiertz
Brenda Dennis
From: Dean and Dorothy Weirt
Sent: Wednesday, October 28, 2015 5:20 PM
To: Brenda Dennis
Subject: Resignation of Schertz Historical Preservation Committee Member
Brenda,
Walter Turk advised that he is resigning from the Committee as of October 22, 2015 based upon other more consuming
interests. Please adjust our member listing accordingly. No need to reissue a new roster until a replacement is in place.
Thanks.
Dean Weirtz
Agenda No. 4
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department:
Subject:
BACKGROUND
Administration
Cancellation of the November 24, 2015
City Council meeting
City Staff has found there are no items to be presented to Council for action.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the cancellation of the November 24, 2015 . City Council
meeting.
Agenda No. 5
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department: Development Services
Subject: Application for Landmark or
Heritage Neighborhood Designation —
Consideration and /or action approving
designation requests for Landmark
Properties located at 539 Main, 707
Main and 71.1 Main Street. (B. James /D.
Weirtz)
Section 21.4.9 Designation of Landmark Properties and Heritage Neighborhoods of the City
of Schertz' Unified Development Code (UDC) establishes the requirements and process for
designating a property as a Landmark Property. The properties being proposed for
designation are 539 Main, 707 Main and 711 Main Street. These properties were nominated
by the Schertz Historical Preservation Committee (SHPC) and were recommended for
designation by the SHPC on October 22, 2015.
Community Benefit
To recognize and encourage the preservation of those areas of specific buildings or structures
of significance to the City.
Summary of Recommended Action
Staff recommends designation of the properties at 539, 707 and 711 Main Street as
Landmark Properties.
FISCAL IMPACT
None
RECOMMENDATION
Designation of the properties at 539, 707 and 711 Main Street as Landmark Properties.
ATTACHMENTS
Landmark Designation Application for 539 Main Street
Property Owner Notification for 539Main Street
Landmark Designation Application for 707 Main Street
Property Owner Notification for 707 Main Street
Landmark Designation Application for 711 Main Street
Property Owner Notification for 711 Main Street
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation
This application is to serve as the means by which citizens may apply for approval to
have a structure, residence, neighborhood, or designated area within the city limits or
extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark"
property or a Heritage Neighborhood. "Landmark Property" shall mean any site or
structure situated within the City of Schertz or its ETJ, designated by the Schertz
Historical Preservation Committee (Commission) (SHPC) and declared by a majority
vote of the Schertz City Council to be representative of a period of importance to the
City's early development and/or representative of exceptional cultural, archaeological,
architectural or personal significance. "Heritage Neighborhood" shall mean any
significant concentration, linkage or continuity of sites or structures united by an early
City development period, architecturally, archaeologically, or culturally by plan or
physical development.
NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee
ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas
78154
• 1 • • iii
NOMINATION FOR: Landmark Property
NOMINEE: 539 Main Street, Schertz, Texas
SECTION A. DESIGNATION REQUEST
STATEMENT OF JUSTIFICATION:
The home at 539 Main Street, Schertz, Texas is among a small group of homes along
Main Street that are believed to have comprised the original homesteads of early Schertz
residents. The current owners of the home are Richard and Kimberly Campbell. The
exact date of the home's construction is unknown but believed to be prior to the turn of
the 20th century based upon a recorded "date of build (1880)" as contained in Guadalupe
County Appraisal District records for the property. An aerial photo of the Schertz city
area dated 1928 shows a small home situated on the corner lot at 539 Main Street.
Historical deed records on file at the Guadalupe County Clerk's Office traces ownership
of the land upon which the residence rests back to second generation settler families to
include William Schertz (son of first settler Sebastian Schertz) and Felix Brotze (son of
first settlers Otto and Josephine Brotze). The earliest recorded sale (November 23, 1904)
of the property was between two prominent Schertz business persons, Emil Gerlich
(Grantor) and William Schertz (Grantee). William Schertz was Schertz Postmaster for all
but one year between the years 1902 and 1907 and owner - operator of Schertz Mercantile
Store. Emil Gerlich was Schertz Postmaster from 1914 . to 1938 (24 years) and owner-
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation - Page 2
operator of Gerlich- Schulz Merchandise Company located on South First Street Schertz,
Texas. Guadalupe County Assessor's abstract records for the years 1936 -1940 reflect
Mrs. F. E. Brotze living in Schertz on a .33 acre plot (exact size as Felix Brotze's
property).
The home and property upon which it sits represents architecture in place during
Schertz's early development period (pre -201h century). The property is one which passed
through the hands of two of Schertz's most prominent early businessmen and also
through the ownership of a prominent early settler family (the Brotze's). Based upon its
ownership history and representation of early Schertz development, the property is
worthy of Landmark Property designation.
SECTION B. COMMITTEE ACTION — DATE
APPROVED APPROVED WITH MODIFICATION DENIED
SECTON C. CITY COUNCIL ACTION - DATE
APPROVE APPROVE WITH MIDIFICATION DENIED
539 Main Street, Schertz, Texas
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation
This application is to serve as the means by which citizens may apply for approval to
have a structure, residence, neighborhood, or designated area within the city limits or
extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark"
property or a Heritage Neighborhood. "Landmark Property" shall mean any site or
structure situated within the City of Schertz or its ETJ, designated by the Schertz
Historical Preservation Committee (Commission) (SHPC) and declared by a majority
vote of the Schertz City Council to be representative of a period of importance to the
City's early development and/or representative of exceptional cultural, archaeological,
architectural or personal significance. "Heritage Neighborhood" shall mean any
significant concentration, linkage or continuity of sites or structures united by an early
City development period, architecturally, archaeologically, or culturally by plan or
physical development.
NAME OF APPLICANT / NOMINATOR: Pamela & David Wissmann
ADDRESS OF APPLICANT / NOMINATOR: 707 Main Street, Schertz, Texas 78154
TELEPHONE NUMBER: 210- 658 -0706
NOMINATION FOR: Landmark Property
NOMINEE: 707 Main Street, Schertz, Texas
SECTION A. DESIGNATION REQUEST
STATEMENT OF JUSTIFICATION:
The home at 707 Main Street, Schertz, Texas was built at some unknown time prior to the
mid- 1930s. . It is among the first homes to be constructed in the community and
particularly along Main Street. During its lifetime, the property has transferred through
ownership of the several Schertz families to include: David J. and :Pamela E. Wisemann
(1979- Present); Marcelino and Virginia Urias 1973 - 1979); Frances (Schertz) & Udo
Clausen (1973); Lonie Eisenhouer (1962 . - 1.973); Amanda Siebold (wife of Albert
Siebold) (1937 - 1962); and Albert Siebold (Unk. — 1937). Review of Guadalupe County
deed records for years 1854 to 1937 failed to disclose a record regarding Mr. Albert
Siebold having purchased the property at 707 Main Street, Schertz, Texas. Mrs.
Wissmann, the current owner of the home, believes the home was built in 1916 .. however
has no documentary evidence to validate that assertion.
Ariel photo of Schertz, dated 1928, places a home (believed to be the existing home) on
the property at 707 Main Street.
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation - Page 2
Interview of Earl Siebold, grandson of Albert Siebold, disclosed Albert owned and lived
at 707 Main Street from at least the early 1930s until he sold the home sometime later.
According to Earl Siebold, during the 1920s and 1930s Albert Siebold was a well -known
Schertz /Converse businessman and cattleman. He owned his first meat market in
Converse, Texas and subsequently opened a second meat market on Main Street, Schertz,
Texas immediately across the street (south side) from his Main Street residence (707
Main St.). Albert was the sole supplier of processed meats to Schertz residents until the
time (194 1) that a Handi -Andy store opened and began selling meats thereafter causing
Albert's meat market to go out of business. Albert owned 250 acres of farm land in
Floresville, Texas in the 1930s where he raised cattle. Albert continuously maintained
his Main Street Schertz residence while tending to his cattle business in Floresville.
Because of the prominence of the home's (believed to be) original owner and due to the
home being among the first neighborhood properties established along the first settlement
area of the town (i.e., Main Street), it is considered well suited for designation as a
Schertz Landmark Property.
SECTION B. COMMITTEE ACTION — DATE
I.Ia9KOIi/a a elkyj a 0XIN110 N► to] IGI 1NINI[91►�7"►1111�,
SECTON C. CITY COUNCIL ACTION - DATE
APPROVE APPROVE WITH MIDIFICATION DENIED
707 Main Street
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation
This application is to serve as the means by which citizens may apply for approval to
have a structure, residence, neighborhood, or designated area within the city limits or
extra territorial jurisdiction (ETJ) of Schertz, Texas designated as either a "Landmark"
property or a Heritage Neighborhood. "Landmark Property" shall mean any site or
structure situated within the City of Schertz or its ETJ, designated by the Schertz
Historical Preservation Committee (Commission) (SHPC) and declared by a majority
vote of the Schertz City Council to be representative of a period of importance to the
City's early development and/or representative of exceptional cultural, archaeological,
architectural or personal significance. "Heritage Neighborhood" shall mean any
significant concentration, linkage or continuity of sites or structures united by an early
City development period, architecturally, archaeologically, or culturally by plan or
physical development.
NAME OF APPLICANT / NOMINATOR: Schertz Historical Preservation Committee
ADDRESS OF APPLICANT / NOMINATOR: 1400 Schertz Parkway, Schertz, Texas
78154
• 1 • • iii
NOMINATION FOR: Landmark Property
NOMINEE: 711 Main Street, Schertz, Texas
SECTION A. DESIGNATION REQUEST
STATEMENT OF JUSTIFICATION:
The home at 71.1 Main Street, Schertz, Texas was built in 1940 . and its first owner was the
Bruno Benjamin Weiderstein family. The Weiderstein name is well affixed to the
business and educational development of the greater Cibolo Valley area. One line of the
family owned the lumber company that served Schertz and surrounding communities in
the early and mid 20th century. Another Weiderstein family descendant (Otto
Weiderstein) distinguished himself as an educator and school administrator and has since
had a Cibolo elementary school named after him. Dr. Bruno Benjamin Weiderstein
served as the only local dentist in the Cibolo Valley area for many years in the 1940s.
Dr. Weiderstein opened his dental practice at his 711 Main Street residence immediately
after the home was built and continued it there until his death in 1946. Upon the death of
Mrs. Weiderstein in 1990, her daughter (Betty Biesenbach) and her husband (Randolph
Biesenbach) moved into the home. Randolph Biesenbach was a former University of
Texas baseball player and Schertz community leader as head coach and athletic director
for Schertz - Cibolo High School. Mr. Biesenbach also served as principal at Cole
Elementary School. One of the city's main east/west thoroughfares bears the Weiderstein
Schertz Historical Preservation Committee
Application for Landmark or Heritage Neighborhood Designation - Page 2
Family name (Weiderstein Road) in honor of the family's contributions to the Schertz
community.
The home at 711 Main Street is among the first group of homes established within the
community and meets the age criteria for historic designation (50 years).
The home garners prominence due to the importance of its original owner as the
community's sole and primary oral health professional. Its subsequent owner was a
well - respected community leader. The home was among the first neighborhood
properties established within the first settlement area of the town (i.e., Main Street). The
home is considered well suited for designation as a Schertz Landmark Property.
SECTION B. COMMITTEE ACTION — DATE
0 0001C1711ill1all Y M4011111i I WMIN 11 [1111ill 1774 9
711 Main Street
Agenda No. 6
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department: Purchasing
Subject: Resolution No. 15 -R -103 — A Resolution by the
City Council of the City of Schertz, Texas
authorizing interlocal agreements with Bexar
County & Region 14 Education Service Center
for Cooperative Purchasing Services.
BACKGROUND
The purpose of cooperative purchasing groups is to obtain the benefits and efficiencies that can
accrue to members, comply with State bidding requirements, and identify qualified vendors of
commodities, goods, and services. The City of Schertz currently utilizes several major
purchasing cooperatives. Authority for such services is granted under Texas Government Code §§
791.001 et seq as amended. Cooperative Purchasing Services under this agreement are extended
to all Texas State, City or County Government Agencies, or any other Local Government Entity
as defined in the Texas Government Code§ 791.003.
Additionally, Subchapter F, Chapter 271.102 of the Texas Local Government Code,
"Cooperative Purchasing Program Participation," provides that a local government may
participate in a cooperative purchasing program with other local governments or a local
cooperative organization established to provide local governments access to contracts with
vendors for the purchase of materials, supplies, services or equipment. Simply, purchasing
cooperatives allow for substantial savings to be realized by volume purchasing of specific
commodity items.
The City of Schertz desires to enter into agreements with both Bexar County and Region 14
Education Service Center to participate in purchasing cooperatives. The agreements will allow
the City to ride contracts with a large network of participating vendors. Region 14 Education
Service Center has a contract with the National Cooperative Purchasing Alliance (NCPA) to
provide cooperative purchasing opportunities to public and nonprofit agencies nationwide. The
City has reviewed the benefits of participating in these cooperatives and has concluded that the
programs will provide the best value to the taxpayers through the anticipated savings to be
realized.
COMMUNITY BENEFIT
Purchasing cooperatives assist local governments in reducing costs through volume purchasing.
Additionally, City resources are conserved and purchasing efficiencies are maximized through
use of a streamlined procurement process.
FISCAL IMPACT
There is no cost to participate in the National Cooperative Purchasing Alliance (NCPA), via
Region 14 Education Service Center. Under the agreement with Bexar County, for every
purchase contract that the City rides, it will pay an administrative fee of $100.00 to the County.
RECOMMENDATION
The City recommends Council approval of Resolution 15 -R -103 to authorize interlocal
agreements with Bexar County & Region 14 Education Service Center for Cooperative
Purchasing Services.
ATTACHMENTS
Resolution 15 -R -103
Exhibit A: ILA with Bexar County
Exhibit B: ILA with Region 14 Education Service Center
RESOLUTION NO. 15 -R -103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING TWO SEPARATE INTERLOCAL
AGREEMENTS, ONE WITH BEXAR COUNTY AND ONE WTTH
REGION 14 EDUCATION SERVICE CENTER, FOR COOPERATIVE
PURCHASING SERVICES, AND OTHER MATTERS IN CONNECTION
THEREWITH
WHEREAS, it is the desire of the aforesaid parties to comply with and further the
policies and purposes of the Interlocal Cooperation Act; and
WHEREAS, Subchapter C, Chapter 791.025 of the Texas Government Code, provides in
relevant parts as follows:
(a) A local government, including a council of governments, may agree with another
local government or with the state or a state agency, including the comptroller, to
purchase goods and services.
(b) A local government, including a council of governments, may agree with another
local government, including a nonprofit corporation that is created and operated to
provide one or more governmental functions and services, or with the state or a state
agency, including the comptroller, to purchase goods and any services reasonably
required for the installation, operation, or maintenance of the goods. This subsection
does not apply to services provided by firefighters, police officers, or emergency
medical personnel.
(c) A local government that purchases goods and services under this section satisfies the
requirement of the local government to seek competitive bids for the purchase of the
goods and services.
WHEREAS, Subchapter F, Chapter 271.102 of the Texas Local Government Code,
"Cooperative Purchasing Program Participation," provides that a local government may
participate in a cooperative purchasing program with other local governments or a local
cooperative organization established to provide local governments access to contracts with
vendors for the purchase of materials, supplies, services or equipment; and
WHEREAS, the City of Schertz desires to contract with both Bexar County and Region
14 Education Service Center to participate in purchasing cooperatives; and
WHEREAS, the City of Schertz has reviewed the benefits of participating in these
cooperatives and has concluded that the programs will provide the best value to the taxpayers
through the anticipated savings to be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes execution and delivery of the
Agreements with Bexar County and Region 14 Education Service Center in substantially the
forms set forth on Exhibit A.
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 Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution 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 Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution 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 Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this day of , 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
EXHIBIT A
ILA with Bexar County
EXHIBIT B
ILA with Region 14 Education Service Center
STATE OF TEXAS * INTERLOCAL AGREEMENT
COUNTY OF BEXAR * FOR PURCHASING SERVICES
This Interlocal Agreement (the "ILA" or "Agreement ") is entered into between Bexar
County, a political subdivision of the State of Texas (the "County ") and the City of Schertz, a
Home Rule City, (the "City "), collectively, the "Parties ", to facilitate the procurement of goods
and services needed by the City. This Agreement is made and entered into by the parties
pursuant to the authority granted under the Interlocal Cooperation Act, Texas Gov't Code 791
et. seq.
ARTICLE I
PURPOSE
1.01 The purpose of this ILA is to set forth an agreement between the parties regarding: 1) the
provision of purchasing service by the County to the City, and 2) the City's participation,
pursuant to Local. Government Code Section 271.101, in a cooperative purchasing program with
the County wherein City is allowed to ride contracts with participating vendors.
ARTICLE II
DESIGNATION OF REPRESENTATIVES
2.01 County hereby appoints the County Purchasing Agent or Interim Purchasing Agent as its
designated representative with regard to this Agreement. The County Purchasing Agent or
Interim Purchasing Agent is the primary point of contact for City.
2.02 City hereby appoints Jessica Kurz, Purchasing Manager, as its designated representative
with regard to this Agreement. shall be the primary point of contact for County.
ARTICLE III
TERM
3.01 This ILA shall be effective upon execution by the last signatory and shall terminate on
September 30, 2018. This ILA may be modified in writing by the parties upon mutual agreement
of the terms. This ILA may be canceled upon thirty (30) days written notice by either party.
ARTICLE IV
PURCHASING SERVICES
County's Responsibilities
4.01 When requested by the City, and subject to the terms herein, County's Purchasing
Department shall provide the following ( "Purchasing Services ") to the City for purchases of
goods and services above $5,000.00. (This minimum amount does not apply to Cooperative
Purchasing under Article V.)
il
4.02 For purposes of this section, Purchasing Services, goods include equipment and services
do not include professional and consulting services.
a. Provide to City the County's Purchasing Policies and any forms or documents that the
County requires the City to use. Provide written procedures for the City to use for
requesting the County's Purchasing Services;
b. Accept or reject the forms and documents provided by the City that identify the goods
or services needed by the City;
c. Conduct the procurement in a timely manner and in accordance with County
Purchasing Policies and Procedures and state procurement statutes;
d. Specify in the procurement documents that goods and services procured shall be
delivered directly to the City.
e. Notify the City of the results of each procurement and provide all documentation of the
procurement so that the City can evaluate the bids or other responses, place an item on
the City Council's agenda for action related to the applicable procurement done by the
County on behalf of City and award the contract.
f. Act at the direction of the City regarding rejected items.
4.03 No other County department has any duties or responsibilities regarding this ILA. The
District Attorney's office will not prepare or review any contracts.
4.04 County is not responsible for payment to any Vendor's for items procured pursuant to
this Agreement.
4.05 County is not responsible for any claims of statutory violations related to its Procurement
Services.
4.06 County will provide the Purchasing Services according to the County Procurement
Policies and statutory requirements.
4.07 County will not draft nor execute contract, awards, or any other document that binds the
City or the County for purposes of procuring goods or services on behalf of the City.
City's Responsibilities
4.08 City shall:
a. Utilize the forms, documents, policies and procedures provided by the County to
identify the goods and services the City wants to procure; identify applicable
quantities, specifications, scopes of work, if appropriate; and the deadlines by which
the goods and services are needed.
b. Place agenda items on the City Council's agenda for approval or rejection, when
required per city's bylaws.
2
c. Award the contract, if applicable, drafting and executing all necessary documents to
complete the purchase.
d. Notify the County's designated representative, or designee, within seventy -two (72)
hours of the action taken by City Council.
e. Take further action to enable the County to cancel or re -issue the applicable
procurement.
f. Adhere to the Countv's Purchasing Policies and Procedures and statutory
requirements.
g. Take delivery, inventory, tag and record all goods procured by the County on the
City's behalf.
h. Have all vendors invoice the City. City shall pay vendor for all goods and services
procured pursuant to this Agreement.
4.09 City is responsible for all Vendor invoices which shall be sent directly to the City.
4.10 City is responsible for any claims that the statutory purchasing requirements were
violated.
4.11 City shall pay the County one percent (1 %) of each invoice. This number is subject to a
semi - annual adjustment based on the actual cost that the County incurs. The intent is for the
County to recoup the actual cost of providing the service. If an adjustment is made, the City will
be served notice of the adjusted rate thirty (30) days before it is effective.
ARTICLE V
COOPERATIVE PURCHASING
5.01 Definitions:
The following terms used in this section, Cooperative Purchasing, shall, unless stated
otherwise, have the meaning set forth below:
a. Awarding Party means the party that awarded a contract for goods and/or services
to a Vendor after a solicitation process required or permitted by state law and the
charter, ordinances, or policies of that party.
b. Purchase Contract means a contract for goods and/or services awarded to a
Vendor by the Awarding Party.
c. Riding Party means the Party wishing to utilize a Purchase Contract procured by
the Awarding Party.
d. Vendor means the entity providing goods or services under a Purchase Contract.
5.02 Each party routinely procures goods and services using solicitation methods required or
permitted by state law, and the charter, ordinances, orders and policies of that party.
Each party may, from time to time, as it deems appropriate, include a provision in its
solicitations and contracts allowing the other Party to cooperatively purchase from its
Purchase Contracts, subject to the consent of the Vendor who is awarded the Purchase
3
Contract. If the Vendor consents to extend its pricing and terms, the Awarding Party
shall make all Purchase Contract documents available to the Riding Party.
5.03 A Riding Parry shall administer its own contract with the Vendor as it relates to its own
purchases, including, but not limited to, issuing purchase orders to, take shipments of
goods from, and making payment directly to the Vendor.
5.04 Each party shall be responsible for the Vendor's compliance with the terms and
conditions of the Purchase Contract only as it relates to that Party's own purchases.
5.05 Any arrangement, contractual or otherwise, between a Vendor and Riding Party, shall not
bind or obligate the Awarding Party. Awarding Party shall not be a party to the contract
between Riding Party and Vendor, nor shall Riding Party be a party to the Purchase
Contract between the Awarding Party and the Vendor. Use of the Purchase Contract
shall not make Awarding Party a party to the contract between Riding Party and Vendor.
Awarding Party shall have no obligation for payment to a Vendor for any goods or
services purchased by Riding Party. Awarding Party shall have no responsibilities for
goods or services provided, or to be provided, by a Vendor.
5.06 In no event shall Awarding Party be considered a dealer, remarketer, agent or other
representative of a vendor or the other party.
5.07 For every Purchase Contract that a party rides, it will pay the other party an
administrative fee of $100.00.
ARTICLE VI
INVOICING
6.01 Bexar County shall invoice City for its services within 30 days of the conclusion of
Purchasing Services which shall be indicated by the City's award or rejection of the bids or
solicitation.
6.02 For Purchase Contracts, the Riding Party will pay the administrative fee to the Awarding
Party within 30 days of contracting with the Vendor.
6.03 All invoices shall be paid pursuant to the Texas Prompt Payment Act.
4
ARTICLE VII
INDEPENDENT CONTRACTOR STATUS AND SUBCONTRACTORS
7.01 In performing under this Agreement, the parties act as an independent contractor, and no
provision of this Agreement will be construed as making one party the agent, servant, or
employee of the other.
ARTICLE VIII
NOTICES AND ADDRESSES
8.01 All notices to be given under this Agreement shall be in writing and shall either be
personally served, documented with written receipt, or given by certified mail or registered mail,
return receipt requested, postage prepaid and addressed to the proper party at the address which .
appears below, or at such other address as the Parties may designate in accordance with this
provision. All notices given by mail shall be considered to have been given at the time of deposit
in the United States mail and shall be effective from such date.
If to County: Bexar County Judge
101 W. Nueva Street
Paul Elizondo Tower, Suite 1.000
San Antonio, Texas 78205
With copy to: Purchasing Agent
233 N. Pecos, Suite 320
San Antonio, Texas 78207
If to City: Mayor
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
ARTICLE IX
LAW GOVERNING
9.01 This Agreement and all claims, disputes, or other matters in controversy between City
and County will be governed by, and construed in accordance with, the substantive and
procedural laws of the State of Texas, and exclusive venue for any proceeding shall be in Bexar
County, Texas.
ARTICLE X
SEVERABILITY
10.01 If any provision of this Agreement is held invalid, illegal, or unenforceable, the
remainder of the Agreement shall remain valid and enforceable and shall be construed to
conform to the intent of the parties.
5
ARTICLE XI
AMENDMENT
11.01 No amendment, modification, or alteration of the terms of this Agreement will be binding
unless same is in writing, dated subsequent to the date of this Agreement, and is duly executed
by County and City.
ARTICLE XII
ASSIGNMENT
12.01 Neither party may assign, or otherwise transfer, any of its rights, duties and/or obligations
arising out of this Agreement without the prior written consent of the other party.
ARTICLE XIII
' • '
1.3.01 Neither party will be required to perform any term, condition, or covenant in this
Agreement so long as such performance is delayed or prevented by force majeure, which
includes acts of God, strikes, lockouts, material or labor restrictions, civil riot, floods, and any
other catastrophic event not reasonably within the control of such party and which by the
exercise of due diligence by the party is unable, wholly or in part, to prevent or overcome.
ARTICLE XIV
NO WAIVER OF BREACH
1.4.01 The failure of a party to insist upon or enforce strict performance of any of the provisions
of this Agreement, or to exercise any rights or remedies under this Agreement, will not be
construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon
any such provisions, rights or remedies in that or any other instance; rather, the same will remain
in full force and effect.
Executed this day of , 2015.
COUNTY OF BEXAR: CITY:
NELSON W. WOLFF
DATE:
ATTEST:
GERA:RD :RICKHOFF
County Clerk
11
By: _
Name
Title:
Michael. Carpenter
Mayor
APPROVED:
By:
Name:
Title:
NICHOLAS "NICO" LAHOOD
Bexar County Civil District Attorney
itz
Jill Torbert
Assistant District Attorney
Civil Division
APPROVED AS TO FINANCIAL CONTENT:
SUSAN YEATTS
County Auditor
DAVID L. SMITH
County Manager
zi
INTERLOCAL AGREEMENT
Contracting Parties
City of Schertz Region 14 Educational Service Center
(Participating Agency) (Lead Agency)
74- 1469344
(Federal Tax ID Number)
This agreement is effective upon signature and shall be automatically renewed unless either party gives
sixty (60) days prior written notice of non - renewal. This agreement may be terminated with or without
cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime
upon written notice stating the reason for and effective date of such terminations and after giving the
affected party a thirty (30) day period to cure any breach.
Statement of Services to be Performed:
Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal
Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter
271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain
substantial savings for member school districts and public entities through volume purchasing.
Role of the Purchasing Cooperative
1. Provide for the organizational and administrative structure of the program.
2. Provide staff time necessary for efficient operation of the program.
3. Receive quantity requests from entities and prepare appropriate tally of quantities.
4. Initiate and implement activities related to the bidding and vendors selection process.
5. Provide members with procedures for ordering, delivery, and billing.
Role of the Participating Agency:
1. Commitment to participate in the program as indicated by an authorized signature in the
appropriate space below.
2. Designate a contact person for the cooperative.
3. Commit to purchase products and services that become part of the official products and services
list when it is in the best interest of the member entity.
4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by
the Purchasing Cooperative.
5. Accept shipments of products ordered from vendors in accordance with standard purchasing
procedures.
6. Pay vendors in a timely manner for all goods and services received.
Authorization:
Region 14 Education Service Center and the National Cooperative Purchasing Alliance (NCPA) executed
a contract to provide cooperative purchasing opportunities to public and nonprofit agencies nationwide.
Please send a signed Interlocal Agreement by email to mernbership@ncpa.us, fax to (888) 543 -6515, or
mail to NCPA, P.O. Box 701273, Houston, TX 77270. A facsimile or email transmission of an
executed signature page of the agreement shall have the same force and effect as an original signature page.
Participating Agency
By
Authorized Signature
Michael Carpenter, Mayor
Title
Date
Jessica Kurz
Contact Person
Purchasing Manager
Title of Contact
1400 Schertz Parkway
Street Address
Schertz, TX 78154
City, State Zip
210 -61.9 -1163
Contact's Telephone Number
jkurz @schertz.com
Email Address
Region 14 Education Service Center
By
Authorized Signature
Title
Date
Contact Person
Telephone Number
Email Address
Agenda No. 7
CITY COUNCIL MEMORANDUM
City Council Meeting: November 10, 2015
Department:
Subject:
BACKGROUND
Development Services
Ordinance No. 15 -S -39 — Conduct a Public
Hearing and consideration and /or action on a
request for a Specific Use Permit with
associated site plan to allow an Automotive
Repair and Service, Major at 1000 FM 3009.
The property is more specifically described
as Lot 5, Block 1 of the .Mark Roberts II
Subdivision; City of Schertz, Guadalupe
County, Texas; located approximately 235
feet from the intersection of FM 3009 and
Silvertree Blvd. (First Reading)
Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow the use of Automobile
Repair and Service, Major at 1000 FM 3009 more specifically described at Lot 5, Block 1 of the
Mark Roberts III Subdivision, which is located approximately 235 feet south of the FM 3009 and
Silvertree Blvd. intersection. The proposed development includes a 5,880 square foot building
that includes office space, eight (8) service bays and a canopy. The subject property is currently
zoned General Business (GB).
The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald ".
Twenty -four (24) public hearing notices were mailed to surrounding property owners within two
hundred (200) feet of the subject property on September 11, 2015. At the time of this staff report
eleven (11) responses have been received; four (4) in the notice area and seven (7) outside the
notice area.
Res onse
Notice Area
Outside Notice Area
Opposed
3
4
Neutral
1
1
Favor
0
2
City Council Memorandum
Page 2
Comments received on the notice of public hearing response reply form from property owners in
the notice area are as follows:
• Joshua Stanley, 1000 Silvertree Blvd. (opposed) - I believe it would negatively affect our
property value. Will increase noise, dirt & dust and look bad.
• James Montalbo, 1204 Spicewood (opposed) — Traffic & waste concerns.
Comments received on the public hearing response reply form from property owners outside the
notice area are as follows:
• Linda Krumm, 1204 Dove Meadows (opposed) — Oppose will increase traffic through
our neighborhood which is not intended for thru traffic.
• Michael & Ashley Hill, 1032 Wellbrook (opposed) — I feel this will be an eye sore so
close to residences, there are Business on 3009 main.
Comments from the September 23, 2015 Planning and Zoning Commissioner meeting public
hearing are as follows:
• Linda Krumm, 1204 . Dove Meadows, spoke on increasing traffic and decrease of property
value.
• Mr. Mark Roberts, the property owner, commented that 90% of the automobile work
being done at this site would be general repair work which would be considered
Automobile Repair and Service, Minor.
The Planning and Zoning Commission held a public hearing on September 23, 2015 where the
request was tabled by the Commission to allow staff to gain a legal interpretation related to
modifications /conditions on the permit. The City Attorney reviewed the regulations provided in
the UDC related to the request and determined that the Planning and Zoning Commission and
City Council have the discretion to add conditions which limit the types of automotive work
allowed on the site if the conditions are mitigating potential adverse impacts on the adjacent
neighborhood and increasing compatibility with surrounding land uses.
Goal
Mark Roberts Properties, Inc. is requesting a Specific Use Permit to allow Automobile Repair
and Service, Major at 1000 FM 3009.
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
IMPACT ON EXISTING ADJACENT DEVELOPMENT: The subject property is adjacent
to the Silvertree Subdivision to the East; Guadalupe River Nursing & Rehabilitation to the south;
FM 3009 /Greenfield Village Subdivision to the west and Kids Dental to the north. The
City Council Memorandum
Page 3
comprehensive land use plan identifies this area as multi- family residential which is intended for
apartment buildings, assisted living facilities and low intensity commercial uses. This property
is zoned General Business (GB) which is intended to provide suitable areas for development of
non - residential uses which offer a wide variety of retail and service establishments oriented
toward service the overall needs of the entire community. The proposed land use is compatible
with the existing commercial land uses in the area from (Silvertree Blvd. to Borgfeld Rd.) which
include a daycare; medical offices; convenience store with gas pumps; automobile repair; and a
carwash.
SITE PLAN: The applicant is proposing to construct a 5,880 square foot building with a
detached canopy on approximately 1 acre of land.
• Architectural Standards: Section 21.9.5 Exterior construction and Design standards
requires all non - residential buildings to meet the minimum masonry requirements, facade
articulations and percentage of windows and doors. The proposed building elevations
comply with the Exterior Construction and Design standard. The building and canopy
will be constructed of 100% stone and stucco with the front fagade consisting of 30%
windows and doors.
• Parking: The site has thirty one (3 1) parking spaces of which two (2) spaces are
designated as handicap parking which exceeds the minimum parking standards for the
proposed use by one (1).
• Screening requirements: The site has satisfied the minimum requirements for screening
adjacent to or separated by a local street from a lot zoned residential by installing an 8'
masonry fence. Additionally, the trash receptacle will be constructed of masonry with
metal gates that meets the minimum screening requirements.
• Lighting and Aare standards: The applicant will be responsible for complying with
Section 21.9.11 Lighting and Glare standards at the time of building permit. A note has
been placed on the site plan.
• Landscaping: The UDC requires that non - residential development adjacent to right -of.-
way requires a landscape buffer. A total of eleven (11) new shade trees will be planted
on the lot; trees will be planted along the FM 3009 right -of -way at a ratio of one (1) tree
per twenty (20) feet and along Silvertree Blvd. (adjacent to residential) at a ratio of one
(1) tree per thirty (30) linear feet. Shrub screening will be planted adjacent to all vehicle
use areas along FM 3009 as well as along the masonry fence on Silvertree Blvd. The
remaining landscaped area will be grass sod. All landscaping will be watered by an
automatic irrigation system.
• Access and circulation: The site is accessed through two driveways, one shared
driveway on FM 3009 and the other on Silvertree Blvd. Two (2) fire lanes have been
provided to provide emergency vehicle access. The existing shared driveway on FM-
3009, shown on the site plan, was approved by TxDOT and constructed with the adjacent
Kid Dental.
• Utilities and Drainage: The site will be served by Schertz water and sewer, GVEC,
Center Point Energy, AT &T, and Time Warner. This site will drain into an on -site
detention pond areas.
CONDITIONS OF THE REQUESTED SPECIFIC USE PERMIT: The proposed
Automobile Repair and Service, Major will be subject to the provisions of the Unified
City Council Memorandum
Page 4
Development Code (Ordinance 1.1- 5 -1.5, as amended) with the following conditions to mitigate
potential adverse impact on the adjacent neighborhood and increase compatibility:
a) No wrecker or towing service with on -site storage of vehicles; collision services
including body, frame, or fender straightening or repair; customizing or painting;
vehicle steam cleaning; tire treading; muffler services; upholstery shop; insurance
estimations with on -site storage; undercoating and rust proofing, and other similar
uses.
Additionally, the Specific Use Permit will be conditioned upon the following occurring:
a) A building permit has been approved within one year of the adoption of the Specific
Use Permit ordinance; and
b) The use has begun operation within two years of the issuance of the necessary
building permit.
A Specific Use Permit allows for discretionary City Council approval of uses with unique or
widely varying operating characteristics or unusual site development features, subject to the
terms and conditions set forth in this UDC. Approval of a specific use permit authorizes a
property owner to submit subsequent development applications consistent with the approved
Specific Use Permit.
FISCAL IMPACT
None
The Planning and Zoning Commission conducted the public hearing on September 23, 2015 and
on October 28, 2015 offered a recommendation of approval by a unanimous vote with the
condition that Automobile Repair and Service, Major would be defined as follows:
An establishment used for general repairs or reconditioning of engines, air - conditioning
systems, and transmissions for motor vehicles. Dispensing or sales of automobile fuels,
lubricants, and automobile fuel, lubricants, and automobile accessories; the minor repair
or replacement of parts and performing State inspections and making minor repairs
necessary to pass said inspection; automobile detailing; window tinting; and the sales and
installation of automobile radios.
Staff recommends approval of the Specific Use Permit request as presented.
ATTACHMENT
Ordinance No. 15 -5 -39
ORDINANCE NO. 15 -S -39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ZONING 1000 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A
SPECIFIC USE PERMIT FOR OPERATION OF AN AUTOMOBILE REPAIR AND
SERVICE, MAJOR.
WHEREAS, An application for a Specific Use Permit to allow an Automobile Repair and
Service, Major at 1000 FM 3009, more particularly described in Exhibit A attached hereto and
incorporated herein by reference, as Lot 5, Block 1 of the Mark Roberts III Subdivision
(hereinafter, the "Property ") has been filed with the City; and
WHEREAS, the City's Unified Development Code Section 21.5.1 L.D. provides for certain
conditions 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 requested
Specific Use Permit (the "Conditions "); and
WHEREAS, on September 23, 2015, . the Planning and Zoning Commission conducted a public
hearing and, after considering the Conditions, on October 28, 2015 hereby makes a
recommendation of approval of a rezoning to allow a Specific Use Permit for an Automobile
Repair and Service, Major; and
WHEREAS; on November 10, 2015 the City Council conducted a public hearing and after
considering the Conditions and recommendation by the Planning and Zoning Commission,
determined that the requested zoning to allow a Specific Use Permit be approved as provided for
herein.
NOW /' BE IT ORDAINED BY THE CITY COUNCIL OF OF
SCHERTZ, TEXAS:
THAT:
Section 1. 1000 FM 3009, as more particularly described in the attached Exhibit A, is
hereby zoned for a Specific Use Permit to allow an Automobile Repair and Service, Major
conditioned upon the following to mitigate potential adverse impact on the adjacent
neighborhood and increase compatibility:
a) That under the terms of the Specific Use Permit, Automobile Repair and Service,
Major shall be defined as an establishment used for general repairs or reconditioning
of engines, air - conditioning systems, and transmissions for motor vehicles.
Dispensing or sales of automobile fuels, lubricants, and automobile fuel, lubricants,
and automobile accessories; the minor repair or replacement of parts and performing
State inspections and making minor repairs necessary to pass said inspection;
automobile detailing; window tinting; and the sales and installation of automobile
radios; and,
b) That under the terms of the Specific Use Permit, wrecker or towing service with on-
site storage of vehicles; collision services including body, frame, or fender
straightening or repair; customizing or painting; vehicle steam cleaning; tire treading;
muffler services; upholstery shop; insurance estimations with on -site storage;
undercoating and rust proofing, and other similar uses are specifically prohibited;
and,
c) That a building permit has been approved within one year of the adoption of this
ordinance; and,
d) The use has begun operation within two years of the issuance of the necessary
building permit.
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 10th day of November, 2015.
PASSED, APPROVED AND ADOPTED on final reading the 17 nd day of November, 2015.
2014.
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)
Michael R. Carpenter, Mayor
Exhibit A
"The Property"
See Attached
Dye Enterprises
Engineers • Surveyors • Planners
Texas Registered Firm F -2257
D. Scott Dye, P.E., R.P.L.S.
ITV' I 1 1.11 1W.VA
LEGAL DESCRIPTION
0.999 ACRE
City of Schertz, Guadalupe County, Texas
BEING 0.999 of an acre (43,515 sq. ft.) in the City of Schertz, Guadalupe County, Texas, being
all of Lot 5, Block 1, Mark Roberts Subdivision III as recorded in Volume 7, Page 525 of the Plat
Records of Guadalupe County, Texas; said 0.999 acre tract being more particularly described by
metes and bounds as follows with the bearings used being based on the recorded plat of said Lot
5:
BEGINNING: At an "X" found in a concrete drive on the east right -of -way line of FM 3009
(Roy Richard Dr. - 120 feet wide) for the northwest corner of this tract and the
southwest corner of Lot 6 of said subdivision;
THENCE: N 59 °33'43" E, departing said right -of -way line, a distance of 342.30 feet to a
1/2" steel rebar found on the west right -of -way line of Silvertree Blvd. (60 feet
wide) for the northeast corner this tract and the southeast corner of said Lot 6,
said point being the point of a non- tangent curve to the right having a radius of
326.59 feet, a central angle of 17 °18'07 ", a tangent of 49.69 feet and a chord
bearing and distance of S 43 °06'51" E, 98.25 feet;
THENCE: With said right -of -way line and the east line this tract, along said curve to the
right an arc length of 98.62 feet to a 1/2" steel rebar found with a cap (not
legible) for a point of non - tangency;
THENCE: S 30 024'03" E, continuing with said right -of -way line and the east line of this
tract, a distance of 17.22 feet to a 1/2" steel rebar found with a cap marked
"Vickery" for the southeast corner of this tract and the northeast corner of Lot 4,
Block 1, Guadalupe River Nursing & Rehabilitation Subdivision as recorded in
Volume 6, Page 777 of the Plat Records of said county;
THENCE: S 58 049'20" W, departing said right -of -way line, along the common line of this
tract and said Lot 4, a distance of 401.53 feet to a 1/2" steel rebar found with a
cap marked "Vickery" on the above mentioned right -of -way line of FM 3009, for
the southwest corner of this tract and the northwest corner of said Lot 4, said
point also being the point of a non- tangent curve to the right having a radius of
2,804.79 feet, a central angle of 02 °32'31 ", a tangent of 62.22 feet and a chord
bearing and distance of 12 °53'40" W, 124.42 feet;
4047 Stahl Road, Suite #3 • San Antonio • Texas 78217
Phone (210) 599 -4123 • Fax (210) 599 -4191
dyeenterprises@satx.rr.co
Page 2 of 2
0.999 acres
THENCE: With said right -of -way line and the west line of this tract, along said curve to the
right, an arc length of 124.43 feet to the POINT OF BEGINNING and
containing 0.999 of an acre (43,515 sq. ft.) of land.
o
D. Scott Dye, R.P.L.S. #5315
x x t
Job # 110069 -02
Date: July 14, 2015
Z:\2011 \I 10069 -02 Schertz Auto Works (Revised Site PlanfLegal Description\I 10069 -02 Schertz Auto Works - Field Notes.doc
4047 Stahl Road, Suite #3 • San Antonio • Texas 78217
Phone (210) 599 -4123 • Fax (210) 599 -4191
d ey enterprises a,satx.rr.com
A CITY OF
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TXDOT MONUMENT 1 /
ON HEADWALL
ELEV.= 712.01
®GV fr' WP / WP
1 -20 "HPGAS-
r
ND. 1/2" STEEL-
°.} 5" TREE
REBAR W/ CAP 5" TREE
/ MARKED "VICKERY"
' did DRCi' INLET
Ti' X 12`
GRATE INLET
N
0
N
PGAS N -�WP
5" TREE
GRATE: INL_E T
CONCRETE PAVEMENT
OWNER /APPLICANT:
ROBERTS PROPERTIES, INC.
1205 BORGFELD ROAD
SCHERTZ, TEXAS 78154
(210) 316 -2573
GENERAL NOTES:
1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL
48187CO210F, DATED NOVEMBER 2, 2007, THE PROPERTY IS
NOT WITHIN THE 100 -YEAR FLOODPLAIN.
2. BOUNDARY, TOPOGRAPHIC AND TREE SURVEY INFORMATION
PROVIDED BY DYE ENTERPRISES.
3. UTILITIES SHOWN ARE PER FIELD LOCATES PROVIDED BY THE
UTILITY COMPANIES AND THE CITY OF SCHERTZ.
CURVE TABLE
WV& EXISTING WATER VALVE
EXISTING SIGN
GV® EXISTING GAS VALVE
CURVE
RADIUS
LENGTH
TANGENT
DELTA
CHDL
CHDB
Cl
2804.79'
124.43'
62.22'
2 °32'31"
124.42'
S1 2 °31'48 "E
C2
326.59'
98.62'
49.69'
17 °18'07"
98.25'
N42 °44'59 "W
f
J
�i
r
f
l T 1d
0'
�T
Tv
WP EXISTING GAS LINE WARNING PIPE
EXISTING CONCRETE
EXISTING CONCRETE CURB
TRAFFIC FLOW ARROW
a
PROPOSED CONCRETE
PROPOSED CONCRETE CURB
PROPOSED SIGN
/ I
/ PROPOSED CONCRETE WHEEL STOP
f / PROPOSED FENCE
SS PROPOSED SANITARY SEWER LINE
CO• PROPOSED SANITARY SEWER CLEANOUT
W PROPOSED POTABLE WATER LINE
\ # /
�r
.,, .
/
WV f7
25' ING- 'SS /E,�RESS ESM'T 1J
_
�PJ:
FIND.
-
i
` IN CONC.
h /
/ ° / 5' CONCRETE
O O / ' c \\ \ a SIDEWALK 3" OAK
/' 1 M , ° f,
�a
�o f t.F �� 5' UTILITY F E T
° 3'R.
% <0 7 _ P. R.
h
�r
�° o — o
- -- - - --/ - - J
120, SIDEWALKS ° 25' LNG ESS /EGeESS ES 25'R ONE WAY I CANOPY ��� o
BRIDGE` 1 7/525 .R. 50'R. , D
;.. ° I m
/ / Q,
4.8'R. 35.0'
co _
J'j
z� ° w
5' CONCRETE i ij 2 TfT / j
f SIDEWALK w ��j /
d /O CONCRETE /' / / a 7' CONCRETE
! / WM / N� - - - -� PAVEMENT // SIDEWALK
° I
o O ° -1
WM i - -- - 1�,W_,_ _ -_ O
2 29" PIPES � /WV / EARTHEN 20, m 25' m 20'
% ! DETENTION °
--
POND -- -- - - - - --
j a z z
Im -- - -m
- - -
M 1 v" T
TXDOT MONUMENT 1 /
ON HEADWALL
ELEV.= 712.01
®GV fr' WP / WP
1 -20 "HPGAS-
r
ND. 1/2" STEEL-
°.} 5" TREE
REBAR W/ CAP 5" TREE
/ MARKED "VICKERY"
' did DRCi' INLET
Ti' X 12`
GRATE INLET
N
0
N
PGAS N -�WP
5" TREE
GRATE: INL_E T
CONCRETE PAVEMENT
OWNER /APPLICANT:
ROBERTS PROPERTIES, INC.
1205 BORGFELD ROAD
SCHERTZ, TEXAS 78154
(210) 316 -2573
GENERAL NOTES:
1. ACCORDING TO FLOOD INSURANCE RATE MAP PANEL
48187CO210F, DATED NOVEMBER 2, 2007, THE PROPERTY IS
NOT WITHIN THE 100 -YEAR FLOODPLAIN.
2. BOUNDARY, TOPOGRAPHIC AND TREE SURVEY INFORMATION
PROVIDED BY DYE ENTERPRISES.
3. UTILITIES SHOWN ARE PER FIELD LOCATES PROVIDED BY THE
UTILITY COMPANIES AND THE CITY OF SCHERTZ.
■
0
CONCRETE CURB
a
10'
4" PARKING -
STRIPE (TYP.)
TYPICAL PARKING SPACE
N.T.S.
23} OAK !�
2.5" OAK U E - - - - -- -U E::5
— 342.30 2.5" OAK ;
-- l J T - - -- -
°
5' CONCRETE
SIDEWALK
CITY OF SCHERTZ NOTES:
1. ALL SITE LIGHTING WILL COMPLY WITH ALL THE LIGHTING AND GLARE STANDARDS ACCORDING
TO SECTION 21.9.11 AND WILL BE SUBMITTED TO THE CITY FOR REVIEW AT THE TIME THE
BUILDING PERMIT APPLICATION IS APPLIED FOR.
2. ALL GREEN SPACE AND LANDSCAPING WILL BE MAINTAINED BY AUTOMATIC WATERING SYSTEM
(REF: UDC SEC. 21.9.7.C.8)
3. ALL SIGNS WILL COMPLY WITH THE CITY OF SCHERTZ UNIFIED DEVELOPMENT CODE AT TIME
OF SIGN PERMIT.
LOT 6
ZONING:
5' CONCRETE
BLOCK 1
PROPOSED USE:
AUTOMOBILE REPAIR & SERVICE, MAJOR
1.061 ACRES
AREA (GROSS S.F.):
5,880 S.F.
ZONING: GB
HEIGHT (FEET AND NUMBER OF STORIES):
23' -6" F.F. TO TOP OF ROOF, 1 STORY
CURRENT USE: DENTAL CLINIC
FOOTAGE OF IMPERVIOUS SURFACE:
27,675 S.F / 63.60% (INCL. BLDG.)
15' UTILITY EASEMENT
30 REQ. / 31 PROVIDED
NUMBER
7/525 P.R.
2 REQ. / 2 PROVIDED
3" OAK
2,5" OAK N 5 9 p
r
w
W
■
0
CONCRETE CURB
a
10'
4" PARKING -
STRIPE (TYP.)
TYPICAL PARKING SPACE
N.T.S.
23} OAK !�
2.5" OAK U E - - - - -- -U E::5
— 342.30 2.5" OAK ;
-- l J T - - -- -
°
5' CONCRETE
SIDEWALK
CITY OF SCHERTZ NOTES:
1. ALL SITE LIGHTING WILL COMPLY WITH ALL THE LIGHTING AND GLARE STANDARDS ACCORDING
TO SECTION 21.9.11 AND WILL BE SUBMITTED TO THE CITY FOR REVIEW AT THE TIME THE
BUILDING PERMIT APPLICATION IS APPLIED FOR.
2. ALL GREEN SPACE AND LANDSCAPING WILL BE MAINTAINED BY AUTOMATIC WATERING SYSTEM
(REF: UDC SEC. 21.9.7.C.8)
3. ALL SIGNS WILL COMPLY WITH THE CITY OF SCHERTZ UNIFIED DEVELOPMENT CODE AT TIME
OF SIGN PERMIT.
w N
M
rn Q
SINGLE FAMILY WEB a Z o 0
RESIDENCE p
ZONED: (R -2) SINGLE w 14
W Z W
FAMILY DWELLING rx N w
LOT 27, BLOCK 2 w
SILVERTREE PARK #1 x
SUBDIVISION Q H
FIRE LANE ° o`
- -I I - t- -- -I- - - -- - -- LOW FLOW
10 10' N 10' 2g L CHA EL IF
10 10' 10' 10' 10' 10 _ ° NECE SARY \
—� 1:2' 10' GVF:C ( L
AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T.
MASONRY DUMPSTER (\ \
ENCLOSURE WALL AT C� 44/351 O.P.R.
N 8' HEIGHT WITH SOLID FENCECRETE
140.3' , i
METAL GATES. POND SCREENING
DETENTION
LOT 5, BLOCK 1 ° _ j WALL AT 8' 60'
MARK ROBERTS SUBDIVISION III HEIGHT
AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri
(5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU
(TYP.) °- 3 BLOCK WALLS (TYP.h 42.1
1000 F.M. 3009
-20 "HPGAS — &-- —
S58 °49'20 "W — 401.53'
GUADALUPE RIVER NURSING AND
REHABILITATION SUBDIVISION
4.884 ACRES
LOT 4, BLOCK 1
6/777 P.R-
ZONING: GB
CURRENT USF: NURSING NOME
175.3'
N
L1
�T
o WP
50' UNITED GAS PIPELINE
256/123 D.R.
CONCRETE PAVEMENT
WROUGHT
IRON FENCE
-- -20 "HPGAS
TBM #2 --
CHISELED SQUARE
IN CONCRETE
ELEV.= 707.49
I
SITE DATA SUMMARY TABLE
ZONING:
5' CONCRETE
GB— GENERAL BUSINESS
PROPOSED USE:
AUTOMOBILE REPAIR & SERVICE, MAJOR
BUILDING
AREA (GROSS S.F.):
5,880 S.F.
BUILDING
HEIGHT (FEET AND NUMBER OF STORIES):
23' -6" F.F. TO TOP OF ROOF, 1 STORY
SQUARE
FOOTAGE OF IMPERVIOUS SURFACE:
27,675 S.F / 63.60% (INCL. BLDG.)
TOTAL PARKING (REQUIRED /PROVIDED):
30 REQ. / 31 PROVIDED
NUMBER
OF HANDICAP SPACES (REQUIRED /PROVIDED):
2 REQ. / 2 PROVIDED
w N
M
rn Q
SINGLE FAMILY WEB a Z o 0
RESIDENCE p
ZONED: (R -2) SINGLE w 14
W Z W
FAMILY DWELLING rx N w
LOT 27, BLOCK 2 w
SILVERTREE PARK #1 x
SUBDIVISION Q H
FIRE LANE ° o`
- -I I - t- -- -I- - - -- - -- LOW FLOW
10 10' N 10' 2g L CHA EL IF
10 10' 10' 10' 10' 10 _ ° NECE SARY \
—� 1:2' 10' GVF:C ( L
AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T.
MASONRY DUMPSTER (\ \
ENCLOSURE WALL AT C� 44/351 O.P.R.
N 8' HEIGHT WITH SOLID FENCECRETE
140.3' , i
METAL GATES. POND SCREENING
DETENTION
LOT 5, BLOCK 1 ° _ j WALL AT 8' 60'
MARK ROBERTS SUBDIVISION III HEIGHT
AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri
(5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU
(TYP.) °- 3 BLOCK WALLS (TYP.h 42.1
1000 F.M. 3009
-20 "HPGAS — &-- —
S58 °49'20 "W — 401.53'
GUADALUPE RIVER NURSING AND
REHABILITATION SUBDIVISION
4.884 ACRES
LOT 4, BLOCK 1
6/777 P.R-
ZONING: GB
CURRENT USF: NURSING NOME
175.3'
N
L1
�T
o WP
50' UNITED GAS PIPELINE
256/123 D.R.
CONCRETE PAVEMENT
WROUGHT
IRON FENCE
-- -20 "HPGAS
TBM #2 --
CHISELED SQUARE
IN CONCRETE
ELEV.= 707.49
I
---------
- 06
5' CONCRETE
a
SIDEWALK
o
ELECTRIC
w
O
L?oo
T
PARKS & RECREATION DEPARTMENT
Ln
® °m
FIND. 1 /2„
0 •
0
00�e
m z ®QO
®�® -ld- w,Za
=o:00 c';po
0 I°
0 ��•®
. can ® �%•° �%
co
20 "HPGAS-
w
W
W
�
o
w
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H
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0
W
w
F-{
v
zz
ww
00
U
U
Ln
N
.-
Q
00
O
N
w N
M
rn Q
SINGLE FAMILY WEB a Z o 0
RESIDENCE p
ZONED: (R -2) SINGLE w 14
W Z W
FAMILY DWELLING rx N w
LOT 27, BLOCK 2 w
SILVERTREE PARK #1 x
SUBDIVISION Q H
FIRE LANE ° o`
- -I I - t- -- -I- - - -- - -- LOW FLOW
10 10' N 10' 2g L CHA EL IF
10 10' 10' 10' 10' 10 _ ° NECE SARY \
—� 1:2' 10' GVF:C ( L
AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T.
MASONRY DUMPSTER (\ \
ENCLOSURE WALL AT C� 44/351 O.P.R.
N 8' HEIGHT WITH SOLID FENCECRETE
140.3' , i
METAL GATES. POND SCREENING
DETENTION
LOT 5, BLOCK 1 ° _ j WALL AT 8' 60'
MARK ROBERTS SUBDIVISION III HEIGHT
AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri
(5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU
(TYP.) °- 3 BLOCK WALLS (TYP.h 42.1
1000 F.M. 3009
-20 "HPGAS — &-- —
S58 °49'20 "W — 401.53'
GUADALUPE RIVER NURSING AND
REHABILITATION SUBDIVISION
4.884 ACRES
LOT 4, BLOCK 1
6/777 P.R-
ZONING: GB
CURRENT USF: NURSING NOME
175.3'
N
L1
�T
o WP
50' UNITED GAS PIPELINE
256/123 D.R.
CONCRETE PAVEMENT
WROUGHT
IRON FENCE
-- -20 "HPGAS
TBM #2 --
CHISELED SQUARE
IN CONCRETE
ELEV.= 707.49
I
---------
- 06
5' CONCRETE
a
SIDEWALK
o
ELECTRIC
w
O
L?oo
T
PARKS & RECREATION DEPARTMENT
Ln
® °m
FIND. 1 /2„
0 •
0
00�e
m z ®QO
®�® -ld- w,Za
=o:00 c';po
0 I°
0 ��•®
. can ® �%•° �%
co
20 "HPGAS-
W
w N
M
rn Q
SINGLE FAMILY WEB a Z o 0
RESIDENCE p
ZONED: (R -2) SINGLE w 14
W Z W
FAMILY DWELLING rx N w
LOT 27, BLOCK 2 w
SILVERTREE PARK #1 x
SUBDIVISION Q H
FIRE LANE ° o`
- -I I - t- -- -I- - - -- - -- LOW FLOW
10 10' N 10' 2g L CHA EL IF
10 10' 10' 10' 10' 10 _ ° NECE SARY \
—� 1:2' 10' GVF:C ( L
AUTO RE AIR EX ERI R ROOF D REA I 9 SOLID SCREENING LECTRIC ESM'T.
MASONRY DUMPSTER (\ \
ENCLOSURE WALL AT C� 44/351 O.P.R.
N 8' HEIGHT WITH SOLID FENCECRETE
140.3' , i
METAL GATES. POND SCREENING
DETENTION
LOT 5, BLOCK 1 ° _ j WALL AT 8' 60'
MARK ROBERTS SUBDIVISION III HEIGHT
AUTOMOTIVE REPAIR BUILDING 7/525 P.R. Fri
(5,880 SF GROSS BUILDING AREA) (0.999 ACRES) 0 10' _ O CONCRETE OR MSU
(TYP.) °- 3 BLOCK WALLS (TYP.h 42.1
1000 F.M. 3009
-20 "HPGAS — &-- —
S58 °49'20 "W — 401.53'
GUADALUPE RIVER NURSING AND
REHABILITATION SUBDIVISION
4.884 ACRES
LOT 4, BLOCK 1
6/777 P.R-
ZONING: GB
CURRENT USF: NURSING NOME
175.3'
N
L1
�T
o WP
50' UNITED GAS PIPELINE
256/123 D.R.
CONCRETE PAVEMENT
WROUGHT
IRON FENCE
-- -20 "HPGAS
TBM #2 --
CHISELED SQUARE
IN CONCRETE
ELEV.= 707.49
I
---------
- 06
5' CONCRETE
SIDEWALK
W
ELECTRIC
w
O
TRANSFORMER
T
PARKS & RECREATION DEPARTMENT
NO I
FIND. 1 /2„
_
STEEL REBAR
0 I°
W/ CAP
to
20 "HPGAS-
DI
FND. 1/2" STEEL r- WID
r-i 00
REBAR W/ CAP
MARKED "VICKERY"
I i
APPROVAL OF THE CITY OF SCHERTZ
THIS SITE PLAN OF SCHERTZ AUTO SERVICE HAS BEEN SUBMITTED TO AND
CONSIDERED BY THE CITY OF SCHERTZ DEVELOPMENT REVIEW STAFF, AND IS
HEREBY APPROVED ON THIS DAY OF 2015.
INSPECTIONS DIVISION
PLANNING DIVISION
ENGINEERING DEPARTMENT
PUBLIC WORKS DEPARTMENT
w
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FIRE DEPARTMENT
T
PARKS & RECREATION DEPARTMENT
m
gk�l
s WV
D)v000D
SINGLE FAMILY
RESIDENCE
ZONED: (R2) SINGLE
FAMILY DWFL_LING
LOT 32, BLOCK 1
SII- .VFRTR(-F PARK #1
SUBDIVISION
0
i�
X
i
i
I I
I
I '
I
I
1000 F.M. 3009
SCHERTZ, TEXAS 78154
MARK ROBERTS
WM ° l SUBDIVISION III
LOT 5, BLOCK
0.999 ACRES
43,516
a
a
X
0
0
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N
0
d,
0
0
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s
EXTERIOR BACK ELEVATION UDU Sec. 21.9.5 REQUIRED all% ot-Front Facade
SCALE: 1/8" = F-O" to be glass windows and doors that allow visibility = 288 s.f.
NOTE: ALL MATERIAL ON THE BUILDING IS EITHER STUCCO OR ROCK
WHICH MEETS THE OWNERS REQUIREMENT OF A 100% MASONRY
Store Front shown 292.49 s.f
EXTERIOR FRONT ELEVATION
SCALE: 1/8" = 1'4"
T S
405 N. ST. MARY'S ST.
SUITE 105
SAN ANTONIO, TEXAS 78205
( 210) 824 - 1435 / fax 826 - 7454
ANDFOOIING- SEE STRUCTURAL
SIDE ELEVATION
SCALE: 1/4" = 1' -0"
EXTERIOR RIGHT SIDE ELEVATION
SCALE: 1/8" = 1' -0"
GATE AND POST
GRADE LEVEL
DUMPSTER
5
murwmvu-=brxuurun
ELEVATION (a, DUMPSTER -
SCALE: 1/4" = 1' -0"
CONC FOUNDATION
O WALL WITH DAMP
PR
§ PROOFING
BELOW GRADE LEVEL,
REINFORCING
#5 AT 32" OC VERTICAL.
SIDE ELEVATION n. DUMPSTER
SCALE: 1/4" = 1' -0"
ELEVATION
SCALE: 1/4" = 1' -0"
GATE FRAME FABRICATED FROM
2" STL. TUBE, MITER, WELD,
AND GRIND SMOOTH.. INFILL W ITI
18 GA. STEEL "R" PANELDOORS
OVER TUBE STEEL FRAME
S®ULE 40 6" DIA. STEELIVE
GATEPOST
PROVIDE 3/4" D1A.x 4" DEEP
SLEEVES IN CONC. PAVEMENT
FOR LATCHES
DUMPSTER
EXTERIOR LEFT SIDE ELEVATION
SCALE: 1/8" =1` -0"
A100
4
A100 3
2') SCREEN WALL
SCALE: 1/4" = 1' -0"
6
A100
5 A100
DUMPSTER
W
I--1 00
O<C
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W
o �
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Date: 9/16/2015
3/4" SHELVES -4"
v
DEEP (m)
k'fr
1/8 PER Fr. SLOPE
a
NOTE:
VERIFY STZEAND CONFIGURATION TO
F
WORK LOCAL TRASH AND RECYCLING DUMPSTER
SIZES.
z
2') SCREEN WALL
SCALE: 1/4" = 1' -0"
6
A100
5 A100
DUMPSTER
W
I--1 00
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Date: 9/16/2015
/
LOT 6
BLOC( I
1.061 ACRES \
/25' fkGR /EGRESS EsMU r
IWAU-
`•. _ t0' UnuTY EASEME , __ 3'- BAIT -- . 2.s• oAA \ - -" .
-- - - - - -- ------------------- - - - - -� Z�
\���j�'�2'- 5' OAK
0 �a // / 2.5. OAK ? J" 'OAK UE ..fi
,1/,F1 a// � 3' oar 3' OAK 2s' oaKN59' - 342.30• 25' OAK C.O. �\ .
/ 5' UM _ EASEMENT - - ,o,) 'iK� =4 dVEC
3 Q Wr-7-i /{-2� 14ECTRIC ESIA\ PG
ry ` / I ❑ ❑ i M1�"' f ri 0. R.G.C.. 3 1
M fZ� C2v \ {
ONE WAY i ; (Ib) ONE WAY ONE WAY,.
.VM66) -e -- -- -- -- -- -- -- - - - — �E m
rl� t
LOT 5, BLOCK 1 DETENTION POND
AUTOMOTIVE REPAIR BUILDING MARK ROBERTS /522S DSLW M ON a
(5,850 SF G8A) (0.099 ACRES)
I - IT 's
2^29' PIPES EARTHEN 1000 ROY RICHARD DRIVE .. I
421'
EA .
b� PON PLM1
- ------- - - - - -- ELECTRIC
/ ��� l Noldndstdplrig�QotprdiftACrgfi �YCiSMrB CJdSGine 2dsement —�� _= ��- ' scwAla I W TRANSFORMER
�7 T
ON Thu SENT �p� ✓ EV -7o7.4
yR 2diHPGAS --- 'WP — - 20•tiPGA6 -O-' — — y®"A+ — r- 20- HPGA6— - 20'HPCAS
5•It
T r Ioo2 558'49'20'W - 401.53' m
rOa){ 5' TREE 5' TREE `
TRE
-SIDED -- +• j{'4• SO' UNITED GAS PIPELINE I
`OooOD
Wvk
❑iQ !
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DROP INLET -'-�� VOL. 2E6, PG. 123 D.R.G.C. , i -
6' X 12' '> ex!sting tree counts as'' •
GRATE INLET - - - -- ------------------- - - - - -- ------- - - - - --
�terminus to parkitiq ----- - - - - -- •
��' - - -- - Revised: September 16, 2015, Revised: August 25, 2015
>S to change project name to show to remove trees from detention pond, '
existing tree as terminus tree, to add sidewalk on front, move trees
n 10 20. 40 — 60 revise parking consistent to engineers between masonry wall and easement / ? a
plan, to add shrubs and trees along SHvertree, and add 2 existing I date
along Silver Tree Blvd. (Also • ' . trees to tree count. — sheet 15-044
show 8) wall and wrought iron F 622115
fence.
Call before you dig!
Gall 811 Landscape Plan
•
Topsoil Notur ,
Ong Grass Sod. If topsoil is required, It
_ -
"p" °
sPatnea s
, � s, a, „y^
. All lawn and seeded areas shall receive a minimum
shall be lain to the depth and finished grades
as shown on the drawl see Topsoil
drawings ( psoa
Plant Materials Schedule
dsh
f i.
"-
cover of 4^ of approval topsoil, Topsoil shalt be lain
Then the line grade surface shall be raked or
odor
dragged to
spedficatlons
sag for wateang
I - 2
2 3' shredded native
hardwood mulch
to eliminate ponding and mounding with adequate
grading to move water away from structures as
achieve a Yabietop'smfase prior
to Installing sod. Sod shall be lain with P.
Item
common mama sdetGflc name
2" - 3'shredded native-
Ash
appropriate (minimum grade 2.0% unless otherwise
off- setting joints and shag completely cover
-
Taxodlum distichum 3' cal., 12' - 35' tall, 8B /CT
hardwood mulch
required by dull engineer, geotedtnkal report,
shall ally cover any exposed rock,
all grass areas. All sod shall be watered
- Immediately after outgrowth and maintalned
BC
• CE
Bald Cypress
Cedar Elm Ulmus crassifolia 3' cal., 12' - 15' tall, BB/CT
/CT
thA boa W"d.cooly.(
pus as A•opaNeapopsg a
fir .pie. 6a"I W A's
°.µ
.gravel, debris, etc. that Is natural to the site unless
gravel, 1, debris,
all be n
otherwise directed by the Owner. Topsoil shall lain
- in a healthy, vigorous growth state until attested.
one
All sod shall be placed the day of deJhmiy. ..
LO
live Oak Quercus virginiana 3" cal., 12' - 15' tail, BB
two
cow, g�r�wa,y .'
RX p, p
Manor
in an appropriate manner to match existing soil
by the
No sod remaWog on pallets or otherwise left
un- Installed
BOX
Green Beauty Boxwood euxus japonica Great Beauty 18" tall, 5 gallon
Green Cloud Cenizo Leucophylllm frets. Green Cloud 18" tall, 5 gallon
tNCkAN With Wldenwteh
r,,,,.,1ey mtr e,�„
e • y�
r` �'�
c,
compad d
44-
ptxdc ere Inpdkd, pa s
braMwwe� a
wa apd an rd asw
densities or those otherwise required .
structural engineer or geotechnisal report If the area
to receive topsoil has Imported base, gravel, debris,
etc. such material shall be removed to fur depth
or un- watered over 24 hours will
be accepted, Sod Mail be relied with an acceptable
roller a minimum of One fime and as often as needed
to achieve a smooth acceptable lawn. Any dry or dead
CEN
DYH
16' s rd., 5 gallon
Dwarf Yaupon Holly ilex vomltoila nano P
S
ba appro+'thG the
taMUape A.dlrea
'CnmprU
1 `qtr
��,
dys ,
>
(unless required by geotechnlcai report, structural
engineer, or other similar professional) and replaced
patches shall be removed and replaced Immediately. .
Where breaks, w1 -level auras, or open joints occur,
' RYc
He6 eraloe arviflora gallon
Red Yucca p p 5 allow'
9
I
'
6y IghtMg tamping,
WakMn9 and Mddln ^gas
P ,^ s,
with approved topsoil to match required sub9rades
'
fine grain washed sand shall be used to top -dress
SOT
Sotol Desrlllon texanum
necessary to Ni wee.
o>r p&`^
and finished grades as required on the plans and /or
details (whether shown w these landscape plans or
the lawn surface.
NGL .
New Gold Lantana Lantana Camara New Gold 1 gallon
i
I I f I <aa t out dGW-Ift
h'd���tia'a�°,armtmdibeer to
f'' �-
`y c_
on other plans prepared by other professionals).
Maintenance, of Installed Plantings:
PLB
Blue Cape Plumbago Plumbago auriculata gallon
fl-"{I 'fi'f--- -'T1TI
RSL
Red Autumn Sage Salvla greggi red 1 g allow
"et•+
, r .
.
An bshged plant materials (trees, shrubs,
WLN
White Lantana Lantana Camara white' 1 gallon
p,q,,a•ae< Ts
hurl wed hr
�a
9roundoovers, perennials, florals, grass, stir,)
shag be maintained by the landscape contractor
71F
Tif 419 Bermudegrass Cynodon dactylon Tif 419 solid sod
su,�,mce p.
i a"^ C
w ewygw
until aocepbed by the owner. Maintenance
shall Include watering, weeding, fartlliring,
pruning, etc At the come offital t
SEED
Remove all debris from area, then hand rake to loosen top 2' of topsoil,
Plant materials shat in a
In healthy
Seed over loosened soil bed with 'Native Trail Mix' (native wildflowers and
Typical Plant Installation
Tvoieal Groundcover
Installation
state
state of growth and Meeting size requirements
ti g size
as spooned on the drawings as well � normal
grasses) by Native American seed (coo) 728 -4043, at the rate of
rpar Practice standards. Any diseased,
2.0 lbs. /1,000 sq. ft, of permeable surface area. Then fertilize with
Not to Scale
Not to Scale
dead or
dead dead shall shall be Immediately
•
Gardenville's Organic Fertilizer - 7.2.2 at the rate of 5 lbs./ 1000 Sq, ft.
replaced.
d. All plantings guaranteed for
plantings shat)
Water in thoroughly and as needed to assist small plants to grow,
one year from the date of final acceptance.
o al
tree as shown on plan
.. :....' ..
City of Sehertz ordinance Compliance
Special Note Irrigation: All green space and
3' 4 ma3'shr layer
Landscaping will be maintained b an
p g y
of shredded . ,)
Total Site:
43,220 s ,ft. r 43,560 s ft. /acre = 0.993 arms
q q
automatic irrjgation (watering) system.
grass as shown on plan I;,
Trees Required:
9 trees /acre @ 0.993 acres = 9 trees
Provided:
2 ex. trees (1001,1002) + 11 new trees = 13 tree
Typical Tree Planting in Grass
Not to Scale
-
LOT 6
BLOC( I
1.061 ACRES \
/25' fkGR /EGRESS EsMU r
IWAU-
`•. _ t0' UnuTY EASEME , __ 3'- BAIT -- . 2.s• oAA \ - -" .
-- - - - - -- ------------------- - - - - -� Z�
\���j�'�2'- 5' OAK
0 �a // / 2.5. OAK ? J" 'OAK UE ..fi
,1/,F1 a// � 3' oar 3' OAK 2s' oaKN59' - 342.30• 25' OAK C.O. �\ .
/ 5' UM _ EASEMENT - - ,o,) 'iK� =4 dVEC
3 Q Wr-7-i /{-2� 14ECTRIC ESIA\ PG
ry ` / I ❑ ❑ i M1�"' f ri 0. R.G.C.. 3 1
M fZ� C2v \ {
ONE WAY i ; (Ib) ONE WAY ONE WAY,.
.VM66) -e -- -- -- -- -- -- -- - - - — �E m
rl� t
LOT 5, BLOCK 1 DETENTION POND
AUTOMOTIVE REPAIR BUILDING MARK ROBERTS /522S DSLW M ON a
(5,850 SF G8A) (0.099 ACRES)
I - IT 's
2^29' PIPES EARTHEN 1000 ROY RICHARD DRIVE .. I
421'
EA .
b� PON PLM1
- ------- - - - - -- ELECTRIC
/ ��� l Noldndstdplrig�QotprdiftACrgfi �YCiSMrB CJdSGine 2dsement —�� _= ��- ' scwAla I W TRANSFORMER
�7 T
ON Thu SENT �p� ✓ EV -7o7.4
yR 2diHPGAS --- 'WP — - 20•tiPGA6 -O-' — — y®"A+ — r- 20- HPGA6— - 20'HPCAS
5•It
T r Ioo2 558'49'20'W - 401.53' m
rOa){ 5' TREE 5' TREE `
TRE
-SIDED -- +• j{'4• SO' UNITED GAS PIPELINE I
`OooOD
Wvk
❑iQ !
• r.11 y
O �
r o
n M
❑ O
o,
W
N
�:
ttl �" O
'tjl�d�r
N
N
yt p
0 m
m
N �
d .CL
DROP INLET -'-�� VOL. 2E6, PG. 123 D.R.G.C. , i -
6' X 12' '> ex!sting tree counts as'' •
GRATE INLET - - - -- ------------------- - - - - -- ------- - - - - --
�terminus to parkitiq ----- - - - - -- •
��' - - -- - Revised: September 16, 2015, Revised: August 25, 2015
>S to change project name to show to remove trees from detention pond, '
existing tree as terminus tree, to add sidewalk on front, move trees
n 10 20. 40 — 60 revise parking consistent to engineers between masonry wall and easement / ? a
plan, to add shrubs and trees along SHvertree, and add 2 existing I date
along Silver Tree Blvd. (Also • ' . trees to tree count. — sheet 15-044
show 8) wall and wrought iron F 622115
fence.
Call before you dig!
Gall 811 Landscape Plan
•