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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 CIBOLO LEGEND O.P,R. OFFICIAL PUBLIC RECORDS OF GUADALUPE COUNTY ! D.R. DEED RECORDS OF GUADALUPE COUNTY °mo r \ if P.R. PLAT RECORDS OF GUADALUPE COUNTY B. S, BUILDING SETBACK LINE �o �o ��`�� \o� f ❑T EXISTING TELEPHONE PEDESTAL RO�P0,ycp z O0Py ���`` y UT EXISTING UNDERGROUND TELEPHONE °Py' '(� T,pO� �� OEY i o `cR �` gORGFgLO RO CITY OF mLms� ° e Eoa�oe Flo -� BENCHMARK SCHERTZ ����y�y�Ny�� -- EXISTING FENCE o� CEO _ 1 °° P SITE ` ~`� 0 10 20 40 L EXISTING SANITARY SEWER MANHOLE °'yam° ' �y U C.O. EXISTING SANITARY SEWER CLEANOUT @ EXISTING STORM DRAIN MANHOLE SCALE: 1 = 20 -710- EXISTING CONTOUR qTm v� sTm G��yy m BOG VALLEY° � _ �} EXISTING LIGHT POLE ! T LOCATION MAP NOT TO SCALE EXISTING FIRE HYDRANT 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. 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 � H � O U 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 O 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 ° N 0 d, 0 0 w O w T E"' H W W � o w � H � O U 0 W w F-{ v a a X 0 0 ° N 0 d, 0 0 SKEET I Of V y' �2 T O 0 W SKEET I Of V y' 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 W OF H W o � H � v H a of Ow w o U z H° O � i-+ N O a 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 O<C W OF H W o � H � v H a of Ow w o U z H° O � i-+ N O a 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 ! • 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 • 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 •