02-03-2009 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, FEBRUARY 3, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. 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 5 minutes. 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. Discussion and/or Action Items 1. Ordinance No. 09-S-06 – ?– Public Hearing (continued from January 27, 2009) and discussion and/or action on
approving first reading of Ordinance No. 09-S-06 regarding the revised Unified Development Code (UDC) comprised of zoning, subdivision and other related land use regulations by superseding
Ordinance No. 96-S-28. First Reading (K. Mitchell) 2. Minutes – Discussion and/or action regarding the approval of the minutes of the Joint Worksession and Regular Meeting of January
27, 2009. 3. Ordinance No. 09-D-04 -Discussion and/or action approving Ordinance No. 09-D-04 – Temporary speed limit reduction on FM 3009, North and Southbound directions between mile
point 4.679 and mile point 4.527 between mile point 23.663 and mile point 23.012. Final Reading (L. Dublin) 4. Ordinance No. 09-D-05 – Discussion and/or action approving Ordinance No.
09-D-05 amending Section 86-89 Traffic Light Locations on Schertz Parkway. Final Reading (L. Dublin) 2-3-09 Council Agenda
5. Emergency Gate – Berry Creek Subdivision-Discussion and/or action approving the recommendation to convert Emergency Gate to Exit Only Gate in Berry Creek Subdivision. (L. Dublin)
6. Resolution No. 09-R-05 -Discussion and/or action regarding approval of Resolution No. 09-R--05 authorizing a purchase and sale contract with Cibolo Farm, LLC, and other matters in
connection. (J. French) Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers
to City Manager and Staff for information 9. 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 10. Announcements
by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items Adjournment CERTIFICATION I, MARY YBARRA, DEPUTY CITY SECRETARY
OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 29th DAY OF JANUARY, 2009 AT 2:30 P.M., WHICH IS A PLACE
READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. MARY YBARRA MARY YBARRA, DEPUTY CITY SECRETARY I
CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________
_______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 619-1030 at least 24 hours in advance of meeting. 2-3-09 City Council Agenda Page -2 -
2-3-09 City Council Agenda Page -3 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation
Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz
Chamber of Commerce Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development
TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview
Board for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison
-Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board
for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-06 – Revising the Unified Development Code (UDC)
First Reading BACKGROUND In July, 2007, Mitchell Planning Group, LLC began review of the current UDC and presented a Diagnostic Report to the City Council on August 15, 2007. Input was
received by elected and appointed officials as well as citizens, City staff, and outside engineering firms that utilize the City’s UDC. In September of 2008, the Planning and Zoning
Commission completed its review of the document and made its recommendation to the Council; however, before this document was presented to the Council, it was determined more work was
required. On January 10, 2009, the Planning and Zoning Commission conducted a public hearing on the completed UDC and held a “Special Called” meeting on January 21, 2009 to vote on recommending
approval of the document to the City Council. On January 27, 2009, the City Council and Planning and Zoning Commission held a joint workshop to discuss the overall summary of the new
UDC. The Council requested the City staff to work with City Attorney, Michael Spain on a determination of whether or not a City could require parkland dedication for non-residential
developments. There was also discussion on zoning for golf courses. After this work session, the City Council, in regular session, opened the public hearing to listen to comments from
the citizens. They continued this public hearing to this meeting. SIGNIFICANT CHANGES TO UDC: The revised UDC has been reviewed by City Attorney, Michael Spain, as well as Consulting
Land Use Attorney, Ruben Barrera of Bracewell & Guiliani. Below is a list of the significant changes made to the UDC: • Reformatted to a user-friendly document • In compliance with state
and federal laws • Removal of contradictory language • Added provision for Consistency with Comprehensive Plan • Incorporated language on Traffic Safety Advisory Commission • Eliminated
Overlay Districts and incorporated all standards into text • Changed R-5, Residential District to GH, Garden Home Residential District • Created Table with Design Criteria for all Zoning
Districts • Added Impervious Surface maximum requirements • Created new regulations for Planned Development Districts
City Council Memorandum Page 2 • Added requirement for Tax Certificates to be submitted with applications • Separated Manufactured Home Subdivisions and Manufactured Home Parks • Added
provisions for Carports and Porte Cocheres • Added requirement for Traffic Impact Analysis for certain developments • Added validation provision for certain developments that do not
meet code • Added Lighting and Glare standards • Added provision for dumpster enclosures • Added Telecommunications regulations • Added Exterior Construction Standards • Changed DBH
to Caliper inches for new plantings in the Tree Preservation/Mitigation • Added requirement for garages for single family residential homes • Added stacking requirement for drive-thru
facilities • Added drainage plan requirement to check list on certain plats • Added provision requiring City Engineer approval on all public infrastructure construction plans prior to
Final Plat application • Added Community Facilities Agreement for all public infrastructure improvements • Added expiration period for plats approved but not filed with County • Added
administrative approval for minor/amending plats • Added criteria for Master Plans • Added criteria for site plans • Added approval box for site plans • Added drainage criteria section
• Added Storm Water Management Plan section • Added criteria of a mandatory HOA for gated subdivisions • Added provisions for Hike and Bike Trails/Sidewalks • Added provision for Hike
and Bike Trails on private property adjacent to State Highways • Added requirement for utility easements for all utilities, including natural gas • Added definition of HOA • Made minor
revisions to certain definitions as they pertain to sign regulations FISCAL IMPACT None RECOMMENDATION The Planning and Zoning Commission recommends Council approval of first reading
of Ordinance No. 09-S-06 ATTACHMENT Ordinance No. 09-S-06 UDC
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2009 Department: Administration Subject: Minutes BACKGROUND On January 27, 2009 a Joint Worksession was held with
the City Council and the Planning and Zoning Commission at 5:30 p.m. in the City Council Conference Room and a Regular City Council Meeting was held at the Municipal Complex Council
Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the January 27, 2009 minutes. ATTACHMENT Minutes 01-27-09
MINUTES JOINT WORKSESSION AND REGULAR MEETING January 27, 2009 A Joint Worksession with the Planning & Zoning Commission was held at 5:30 p.m. in the Schertz City Council Conference
Room and the Schertz City Council of the City of Schertz, Texas, held a Regular Meeting on January 27, 2009 at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember
John Trayhan Councilmember Tony Wilenchik Planning and Zoning Members Present: David Richmond, Chairman Cedric Edwards Commissioner Roberta Tutschke, Commissioner Staff Present: City
Manager Don Taylor City Attorney Jamie French Assistant City Manager John Bierschwale Assistant City Manager David Harris Deputy City Secretary Mary Ybarra CALL TO ORDER JOINT WORKSESSION
City Council, Planning and Zoning Commission call to order the Joint Worksession. Mayor Baldwin Baldwin called the Joint Worksession to order at 5:35 p.m., and introduced Karen Mitchell,
Mitchell Planning Group. Ms. Mitchell stated that in July 2007, Mitchell Planning Group, LLC began review of the current UDC and presented a Diagnostic Report to the City Council on
August 15, 2007. Input was received by elected and appointed officials as well as citizens, City staff, and outside engineering firms that utilize the City’s UDC. In September of 2008,
the Planning and Zoning Commission completed its review of the document and made its recommendation to the Council; however, before this document was presented to the Council, it was
determined more work was required. On January 10, 2009, the Planning and Zoning Commission conducted a public hearing on the completed UDC and held a “Special Called” meeting on January
21, 2009 to vote on recommending approval of the document to the City Council. Input received at the January 10, 2009 meeting by the Commission and Citizens has been incorporated into
the completed version before Council this evening. Ms. Mitchell presented a brief power point presentation covering significant changes as listed below: 1-27-09 Council Agenda
• Reformatted to a user-friendly document • In compliance with state and federal laws • Removal of contradictory language • Added provision for Consistency with Comprehensive Plan •
Incorporated language on Traffic Safety Advisory Commission • Eliminated Overlay Districts and incorporated all standards into text • Changed R-5, Residential District to GH, Garden
Home Residential District • Created Table with Design Criteria for all Zoning Districts • Added Impervious Surface maximum requirements • Created new regulations for Planned Development
Districts • Added requirement for Tax Certificates to be submitted with applications • Separated Manufactured Home Subdivisions and Manufactured Home Parks • Added provisions for Carports
and Porte Cocheres • Added requirement for Traffic Impact Analysis for certain developments • Added validation provision for certain developments that do not meet code • Added Lighting
and Glare standards • Added provision for dumpster enclosures • Added Telecommunications regulations • Added Exterior Construction Standards • Changed DBH to Caliper inches for new plantings
in the Tree Preservation/Mitigation • Added requirement for garages for single family residential homes • Added stacking requirement for drive-thru facilities • Added drainage plan requirement
to check list on certain plats • Added provision requiring City Engineer approval on all public infrastructure construction plans prior to Final Plat application • Added Community Facilities
Agreement for all public infrastructure improvements • Added expiration period for plats approved but not filed with County • Added administrative approval for minor/amending plats •
Added criteria for Master Plans • Added criteria for site plans • Added approval box for site plans • Added drainage criteria section • Added Storm Water Management Plan section • Added
criteria of a mandatory HOA for gated subdivisions • Added provisions for Hike and Bike Trails/Sidewalks • Added provision for Hike and Bike Trails on private property adjacent to State
Highways • Added requirement for utility easements for all utilities, including natural gas • Added definition of HOA • Made minor revisions to certain definitions as they pertain to
sign regulations Ms. Mitchell answered questions from Council on such items as; park dedication criteria and golf course zoning designation; is it an appropriate designation. Ms. Mitchell
will research these issues. 1-27-09 Minutes Page -2 -
David Richmond, Planning and Zoning Chair stated that the document is not perfect but it is a living document. It is necessary to get something in place quickly and we can always come
back with amendments in the future. Importantly, it is a better document then what is in place currently. ADJOURNMENT Mayor Baldwin adjourned the Joint Worksession with City Council,
Planning and Zoning at 6:31 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:40 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS. Mayor Pro-Tem Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS
Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who announced the following: • Thanked Mayor Baldwin and Councilmember Scagliola for attending ribbon cutting
of the Tangled Web Group. • Monthly luncheon, Friday, January 30, 2009, 11:30 am, Civic Center, Senator Wentworth will be the speaker. Mayor Baldwin recognized Rosemary Grayson, 5213
Cabana Drive, who spoke on the following: • Nuisance ordinance concerning washer and dryers under covered patios; is this allowable, and concerns on certain construction site work. Mayor
Baldwin recognized Justis Vargas, 305 Aero, who spoke on the following: • Inquired what is happening at large City Park Pavilion and voiced concerns regarding graffiti throughout the
City. Mayor Baldwin recognized the following citizens who spoke regarding the RV Parking issue: • Richard King, 1009 Grey Feather 1-27-09 Minutes Page -3 -
• Basil McDaris, 600 River Road Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the Regular Meeting of January 20, 2009.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes of January 20, 2009. Vote was unanimous. Motion Carried. 2. Ordinance
No. 09-T-02 -Discussion and/or action approving Ordinance No. 09-T-02 adopting the revised City of Schertz Economic Development Incentives Policy. Final Reading (J. Jewell) Mayor Baldwin
recognized Economic Development Specialist Jeff Jewell who introduced this item answering questions from Council and stating that no significant changes had been made since first reading.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-T-02 final reading. Vote was unanimous. Motion Carried. 3. Ordinance
No. 09-H-03 – Discussion and/or action amending Chapter 54 of the Code of Ordinances Nuisances and replacing Ordinance No. 08-H-16. Final Reading (S. O’Brien) Mayor Baldwin recognized
Sanitarian Shanna O’Brien who introduced this item stating the existing Nuisance Ordinance needed revisions to meet with current State requirements, clarify the language in the current
City Ordinance and to transition duties to the Marshal’s Office. As per discussion by Council on January 20, 2009, the following language was changed: Section 54-14, (h) to add “unoccupied
structures” to working on Sundays by Contractors. Section 54-20, (d) (1) to read… “two members from Planning and Zoning and one member from Board of Adjustments”. Section 54-24, (b)
to include a “Grandfather Clause” and register RV with Marshal’s Office. Section 54-28, (c) remove word “stored” and add “outside of structure”. City Council passed this on first reading
with the above corrections on January 20, 2009. 1-27-09 Minutes Page -4 -
Considering comments made this evening regarding certain construction work Ms. O’Brien stated that site preparation would be added in the ordinance. Mayor and Councilmembers discussed
at length the “grandfathering” of RV’s covering the following: • safety concerns • administrative burden placed on the Marshal’s office • possibly setting restrictions • visibility issues
• liability issues • notification of owner and tenant consistency throughout the document Mayor Pro-Tem Carpenter and Councilmember Trayhan agree on approving the ordinance as written;
it is the best balance. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Carpenter to approve Ordinance No. 09-H-03 final reading to include the change
to the notification section as discussed. Vote was 3 to 2 with Councilmembers Scagliola and Fowler voting no. Motion Carried. 4. Resolution No. 09-R-04 – Discussion and/or action approving
a resolution for an Antenna Tower Lease Agreement with AT&T. (J. French) Mayor Baldwin recognized City Attorney Jamie French who introduced this item stating the City’s designated representative,
Charmain Sanchez, has negotiated a five-year telecommunications antennas lease (with three possible five-year extensions) with AT&T Mobility Texas, LLC at the City’s water tank site
at 1057 Live Oak Road. Ms. French stated the fiscal impact would be an annual rental to be paid to the City in the amount of $36,297 in the first year, with annual increases, plus a
one-time capital recovery payment to the City of $6,000. Assistant City Manager Harris introduced Ms. Charmain Sanchez who was in the audience. Mayor Baldwin recognized Mayor Pro-Tem
Carpenter who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-04. Vote was unanimous. Motion Carried. 5. Ordinance No. 09-D-04 -Discussion and/or action approving
Ordinance No. 09-D-04 – Temporary speed limit reduction on FM 3009, North and Southbound directions between mile point 4.679 and mile point 4.527 between mile point 23.663 and mile point
23.012. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating as the Council recalls, in May 2008, the City received a request
from TxDot 1-27-09 Minutes Page -5 -
requesting a temporary speed limit reduction for a one-half mile section of FM 3009 in order to increase safety for their project. The project consisted of constructing two roadway bridges
over the two U.P.R.R. tracks located between IH 35 and FM 2252. The City complied by passing an Ordinance. Then, on January 12, 2009, the City of Schertz received another letter from
the Texas Department of Transportation (TxDot) requesting a temporary speed limit reduction for a 1.2 mile section of FM 3009 in order to increase safety for an upcoming roadway construction
project. This is an extension of the project. The project consists of constructing the roadway between IH 35 and 0.9 miles West of IH 35. TxDot is requesting the speed limit to be reduced
from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 4.679 and Mile Point 4.527 and between Mile Point 23.663 and Mile Point 23.012, from the railroad
to IH 35. The project is scheduled to start April 2009 and construction should end around June 2012. The speed limit reduction would be needed for the entire duration of construction,
approximately 30 months. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-D-04 first reading. Vote was unanimous.
Motion Carried. 6. Ordinance No. 09-D-05 – Discussion and/or action approving Ordinance No. 09-D-05 amending Section 86-89 Traffic Light Locations on Schertz Parkway. First Reading (L.
Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating these intersections were regulated with stop signs, which have been upgraded to traffic signals
as a part of the Schertz Parkway Reconstruction project. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-D-04
first reading. Vote was unanimous. Motion Carried. 7. Ordinance No. 09-S-06 – Conduct a public hearing and discussion on approving Ordinance No. 09-S-06 regarding the revised Unified
Development Code (UDC) comprised of zoning, subdivision and other related land use regulations by superseding Ordinance No. 96-S-28. (K. Mitchell) Mayor Baldwin opened the public hearing
and recognized Karen Mitchell, with the Mitchell Planning Group, who introduced this item stating she would be available to answer questions from Council and residents. Mayor Baldwin
recognized the following citizens who spoke regarding the revised UDC: 1-27-09 Minutes Page -6 -
• Rosemary Grayson who thanked everyone involved in the revision of the UDC. She also referred to the 25’ separation distance between mobile homes and the side yard requirements. • Dave
Jackson, Webster Drive, who spoke on the issue of carports in R1 zoning designation. • Robert Brockman, 1000 Elbel Road, who spoke on the changes of parking space requirements. Mayor
Baldwin stated that the Public Hearing would be left open until the February 3, 2009 meeting at which time Council will be considering first reading of the ordinance to approve the revised
UDC. No action taken. BOARDS/COMMISSIONS 8. Resignations and /or Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding resignation appointments/reappo
ntments to Boards and Commission/Committees. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Carpenter to ratify the resignation of Richard Coon from
the Parks & Recreation Committee. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to appoint Harriett Higgs as an alternate member to the Parks
& Recreation Committee. Vote was unanimous. Motion Carried Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor
Baldwin recognized Councilmember Scagliola who requested that an item be placed on a future agenda for discussion of recognition to the 50th Anniversary Committee. Councilmembers concurred.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information Mayor Baldwin recognized Councilmember Fowler who spoke regarding the Master Gardner Class scheduled
on February 9, 2009. Vendors have had to be turned away due to full capacity. It will be one of the most successful events. 11. 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 1-27-09 Minutes Page -7 -
1-27-09 Minutes Page -8 -Mayor Baldwin recognized Councilmember Wilenchik who stated that Council’s laptops are really great. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who acknowledged
the foresight by city staff in engineering the new water towers and others throughout the city to be able to accommodate carriers such as (AT &T) to place antennas on these towers, which
will generate revenue, instead of generating an expense. Another great foresight was to include the Library and Recreation Center into the Schertz Parkway project, its great to us hike/bide
trail from IH-35 to visit the both facilities. 12. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda
items No announcements. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:10 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: ___________________
___________________ Mary Ybarra Deputy Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2009 Department: Engineering Subject: Ordinance No. 09-D-04 – Temporary construction speed zone on FM 3009 North
and Southbound Directions Between Mile Point 4.679 and Mile Point 4.527 and Between Mile Point 23.663 and Mile Point 23.012. Final Reading BACKGROUND As you recall in May 2008 the City
received a request from TxDot requesting a temporary speed limit reduction for a one-half mile section of FM 3009 in order to increase safety for their project. The project consisted
of constructing two roadway bridges over the two U.P.R.R. tracks located between IH 35 and FM 2252. The City complied by passing an Ordinance. Then on January 12, 2009 the City of Schertz
received another letter from the Texas Department of Transportation TxDot) requesting a temporary speed limit reduction for a 1.2 mile section of FM 3009 in order to increase safety
for an upcoming roadway construction project. This is an extension of the project. The project consists of constructing the roadway between IH 35 and 0.9 miles West of IH 35. TxDot is
requesting the speed limit to be reduced from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 4.679 and Mile Point 4.527 and between Mile Point 23.663
and Mile Point 23.012, basically from the railroad to IH 35. The project is scheduled to start April 2009 and construction should end around June 2012. The speed limit reduction would
be needed for the entire duration of construction, approximately 30 months. City Council passed this on first reading at their meeting on January 27, 2009. FISCAL IMPACT None RECOMMENDATION
Staff recommends Council approve final reading of Ordinance No. 09-D-04. ATTACHMENT Ordinance No. 09-D-04 Letter from TxDOT
1 ORDINANCE NO. 09-D-04 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
18-76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 18-76 of the Code
of Ordinances, City of Schertz, Texas be amended to add the following: “Establish temporary construction speed zone reduction and posted speed will be for the duration of construction
only at the following: Street Extent Speed Limit FM 3009 North and Southbound Directions 45
MPH” Between Mile Point 4.679 and Mile Point 4.527 and Between Mile Point 23.663 and Mile Point 23.012. SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this
Ordinance are hereby repealed. PASSED AND APPROVED ON FIRST READING THIS THE 27th DAY OF JANUARY, 2008. PASSED AND APPROVED ON FINAL READING THIS THE 3rd DAY OF FEBRUARY, 2008. ______________________
_______ Hal Baldwin, Mayor ATTEST: _____________________________ Brenda Dennis, City Secretary
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2009 Department: Engineering Subject: Ordinance No. 09-D-05 – amending Section 86-89 Traffic Light Locations on
Schertz Parkway. Final Reading BACKGROUND These intersections were regulated with stop signs, which have been upgraded to traffic signals as a part of the Schertz Parkway Reconstruction
project. City Council passed this on first reading at their meeting on January 27, 2009. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve final reading of Ordinance
No. 09-D-05. ATTACHMENT Ordinance No. 09-D-05
1 ORDINANCE NO. 09-D-05 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
86-89, TRAFFIC LIGHT LOCATIONS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-89 of the Code of Ordinances,
City of Schertz, Texas be amended to add the following: “SECTION 86-89, Traffic Light Locations 10. Intersection of Schertz Parkway at Live Oak. 11. Intersection of Schertz Parkway at
Elbel. 12. Intersection of Schertz Parkway at Aero. SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED ON
FIRST READING THIS THE 27th DAY OF JANUARY, 2009. PASSED AND APPROVED ON FINAL READING THIS THE 3rd DAY OF FEBRUARY, 2009. ______________________________ Hal Baldwin, Mayor ATTEST: __________________
__________ Brenda Dennis, City Secretary
Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: February 3, 2009 Department: Public Works /Engineering Subject: Recommendation to Convert Emergency Gate to Exit
Only Gate in Berry Creek Subdivision BACKGROUND This item has been discussed several times at TSAC meetings. The item was first brought up at the December 4, 2003 meeting. The TSAC Chairman
at the time, Mr. Allen, along with a Berry Creek HOA representative, brought to the attention of the TSAC board members the increasing difficulty and dangerousness the Berry Creek residents
are experiencing when trying to turn out of the subdivision onto FM 3009. The Police Chief at the time, Chief Cantrell, suggested a traffic study be performed. However, a traffic study
was not performed and the next time this item came back to TSAC was at the September 4, 2008 meeting. Berry Creek HOA President Lisa Sidbury brought this issue to the board members attention
again and City Engineer, Larry Dublin, recommended that a traffic study be performed on Hill View Lane for seven days, with the gate being open from 5am – 9pm. Ms. Sidbury said she would
have to meet with her HOA to get the approval to do the traffic study. Ms. Sidbury returned at the November 6, 2008 meeting and reported that the majority of the homeowner’s had interest
in converting the gate and to go ahead with the traffic study. A traffic study was done from November 16-22, 2008 and the results were to be discussed at the December 2008 TSAC meeting.
A letter was sent to the Woodland Oaks HOA President, Mr. Will Brown, letting him know of the traffic study and Woodland Oaks sent back a petition expressing their concerns and their
statement that the emergency gate not be converted. At the December 2008 meeting, Mr. Dublin briefed the Commission on the results of the traffic study, which showed that 34 cars exited
the open gate a day with an average of 4 cars per hour. Sam Willoughby suggested that the item be tabled until the January 2009 meeting, so a representative from Woodland Oaks HOA could
be present to hear the discussion. At the January meeting, the Commission heard from Mr. Dublin again, as well as a representative from Berry Creek HOA and Mr. Brown, Woodland Oaks HOA
President. After discussion, Mr. Dublin’s recommendation was to convert the emergency gate to an exit gate and to take the item to Council. With a 4-3 vote the Commission agreed with
Mr. Dublin’s recommendation and a motion was made to take the item to Council. A five-day traffic study
City Council Memorandum Page 2 was recently performed from January 16-21, 2009 on Woodland Oaks Drive to monitor the traffic on that road. FISCAL IMPACT None RECOMMENDATION Staff recommends
Council approval to convert the emergency gate to an exit only gate in the Berry Creek subdivision. ATTACHMENT Hill View Lane Traffic Study Woodland Oaks Drive Traffic Study Berry Creek-Woodland
Oaks Exhibit BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated recommendation to convert the emergency gate to an exit only gate in the Berry Creek subdivision
be approved. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 3rd day of February, 2009, at which meeting a quorum was present, held in
accordance with the provisions of the Texas Government Code, §551.001 et seq., as amended. APPROVED Hal Baldwin, Mayor ATTEST: ___________________________________ Brenda Dennis, City
Secretary
Berry Creek-Woodland Oaks Parcels Schertz Municipal Boundary Schertz ETJ Boundary Rivers and Streams Flood Hazard Zones 100 Year Floodplain Floodway (100 Year) 500 Year Floodplain Berry
Creek-Woodland Oaks Page 1 of 1 http://shzsv1015/schertzFLOODPLAIN/11/25/2008
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: February 3, 2009 Department: Public Works Subject: Upper West Dietz Creek Drainage Project BACKGROUND The City has previously
negotiated and approved the purchase of the Cibolo Farm, LLC property which is involved in the Upper West Dietz Creek Drainage Project. The Public Works Department has agreed to certain
modifications to such purchase agreement, as reflected in new Section 5.6 to the Sale and Purchase Agreement. FISCAL IMPACT $67,000 purchase price for the Property $5,000 (maximum) to
plant trees along the new property line of Seller adjacent to the Property $50 for the unrestricted right for Schertz to terminate the Contract any time prior to closing $72,050 total
fiscal impact: RECOMMENDATION Adoption of Resolution 09-R-05 ATTACHMENT Resolution 09-R-05, with the revised Cibolo Farm Purchase and Sale Contract attached. 50131199.1
RESOLUTION NO. 09-R-05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PURCHASE AND SALE CONTRACT WITH CIBOLO FARM, LLC, AND OTHER MATTERS IN CONNECTION
THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Purchase and Sale
Contract with Cibolo Farm, LLC, and relating to the Upper West Dietz Creek Drainage Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section
1. The City Council hereby authorizes the City Manager to execute and deliver the Purchase and Sale Contract with the party Cibolo Farm, LLC, in substantially the form 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. Specifically, this Resolution
supercedes and replaces Resolution 08-R-53 as to the property described 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 3rd day of
February, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) 50131195.2
EXHIBIT A PURCHASE AND SALE CONTRACT CIBOLO FARM, LLC See attached 50131195.2 A-1
SALE AND PURCHASE CONTRACT THIS SALE AND PURCHASE CONTRACT (this “Contract”) is made and entered into by and among CIBOLO FARM, LLC, a Texas limited liability company (the “Seller”),
and THE CITY OF SCHERTZ, TEXAS, a Texas municipal corporation (“Purchaser”). This Contract is subject to approval by the City Council of the City of Schertz. ARTICLE 1 Sale and Purchase
Section 1.1 Subject to the terms and provisions hereof, Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, a 5.821 acre tract of land together with all
appurtenances thereto (the “Property”), the Property being more particularly described on Exhibit “A” attached hereto and made a part hereof for all purposes. ARTICLE 2 Consideration
for Conveyance Section 2.1 The purchase price (“Purchase Price”) to be paid by Purchaser to Seller for the Property shall consist of a payment, at closing of the contract (the “Closing”),
of good and immediately payable funds in the amount of Sixty-Seven Thousand and 00/100 Dollars ($67,000.00). Section 2.2 As consideration for the unrestricted right to terminate this
Contract until Closing, Purchaser has paid to Seller the amount of Fifty and No/100 Dollars ($50.00) (“Independent Consideration”), the receipt and sufficiency of which consideration
are hereby acknowledged and confessed by Seller. ARTICLE 3 Title Commitment Section 3.1 Within seven (7) days after the Effective Date, Seller agrees to cause the Title Company (as defined
below) to furnish Purchaser and its counsel a Commitment for Owner’s Policy of Title Insurance (the “Title Commitment”) prepared and issued by the Title Company describing and covering
the Property, listing Purchaser as the prospective name insured and showing as the policy amount the Total Purchase Price, which Title Commitment shall constitute the commitment of the
Title Company to insure, by title insurance in the standard form of an Owner’s Policy of Title Insurance in use in the state in which the Property is located, Purchaser’s title to the
Property to be good, marketable and indefeasible, subject only to those exceptions as may be approved by Purchaser or as hereinafter provided (herein referred to collectively as “Permitted
Exceptions”). ARTICLE 4 Representations Section 4.1 Seller makes the following representations, as of the date of this Contract: (a) Possession. No person other than Seller is in possession
of the Property. 50128647.2
(b) Pending Actions. Seller has not received notice of any actual or pending action, suit, claim, litigation, or proceeding by any entity, individual or governmental agency affecting
the Property that would in any way constitute a lien, claim or obligation of any kind against the Property. (c) Condemnation. Seller has not received any notice of any condemnation or
similar proceedings or assessments affecting the Property or any part thereof. (d) Notices From Agencies. Seller has not received any notice of any breach of any law or regulation of
any court or federal, state, municipal or other governmental Condition of the Property department, commission, board, bureau, agency or instrumentality, with respect to the Property.
(e) . Seller has no knowledge of any environmental condition currently existing on the Property, or that will exist as of the date of Closing Closing (defined below), that would cause
the imposition on Purchaser of environmental liabilities if such environmental condition were disclosed to governmental authorities. ARTICLE 5 Section 5.1 The closing (“Closing”) hereunder
shall take place at the earliest possible date, but not later than February 20, 2009. Section 5.2 The Closing shall take place at the offices of Chicago Title Insurance Company, 270
N. Loop 1604 E, Suite 115, San Antonio, Texas 78232, Attn: Doug Becker at 10:00 a.m., Central Time. Section 5.3 At Closing, Seller shall deliver or cause to be delivered to Purchaser,
at Seller’s sole cost and expense, each of the following items: ted and acknowledged by Seller, or a person authorized to act on Seller’s behalf, and in form for recording, to Purchaser
all of jurisdiction over the Property indicating that all real property taxes on the Property have been paid through (c) Such evidence as Purchaser and/or the Title Company may reasonably
require as to the authority of the person or persons executing documents on behalf of (d) All additional documents and instruments as are reasonably necessary to the proper consummation
of this transaction. (a) A General Warranty Deed duly execu Seller’s right, title and interest in and to the Property described therein free and clear of any claims, except for the Permitted
Exceptions to the extent applicable. (b) Tax certificates furnished by the taxing authorities having 2007. Seller. Section 5.4 At the Closing, Purchaser shall deliver to Seller the following
items: 50128647.2 2
(a) The Purchase Price required by Section 2.1. (b) All additional documents and instruments as are reasonably necessary to the proper consummation of this transaction. Section 5.5 Purchaser
shall pay (a) the fees of any counsel representing it in connection with the transaction described herein, (b) the cost of any survey it elects to perform on the Property, (c) the premium
for an Owner Policy of Title Insurance for the Property, if the Purchaser elects to purchase the same, (d) the fee for having a survey of the Property prepared, or any other costs and
fees associated with tests and inspections conducted on the Property at the request of the Purchaser, (e) the fees for recording the Deed and any other instrument used to convey Property
from Seller to Purchaser, and (f) any escrow fee which may be charged by the Title Company in connection with the transaction described in this Agreement. Seller shall pay the fees of
any counsel representing it in connection with the transaction described herein. All other costs and expenses incurred in connection with the transaction described herein shall be paid
by the party incurring the same. Section 5.6 In addition, Purchaser agrees, at its cost, but not to exceed $5,000, to plant trees along the new property line of Seller adjacent to the
Property. Purchaser further agrees not Remedies of Default to build a hike and bike trail adjacent to Seller’s fence adjacent to the Property. ARTICLE 6 Section 6.1 In the e ereunder,
Seller’s sole and exclusive remedy shall be to terminate this Contract and receive the Independent Consideration as vent of default by Purchaser h liquidated damages. Seller expressly
waives all other remedies available at law or at equity. Section 6.2 In the event of default by Seller hereunder, Purchaser may utilize all remedies available by law, including, but
not limited to, specific performance. Section 6.3 The prevailing party in a legal dispute arising out of, or in relation to, this Contract shall be entitled to recover court costs, reasonable
attorneys’ fees and all other such E 7 eous litigation expenses from the non-prevailing party. ARTICL Miscellan Section 7.1 It is mutually agreed by the parties hereto that any provision
contained in this Contract which shall by its nature impose any obligation or duty upon any party hereto, or give any right or benefit to any party hereof, continuing beyond the date
of Closing, such provision will not be canceled or considered merged into the final instruments executed at Closing, but will instead survive the Closing. Section 7.2 This Contract shall
be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. 50128647.2 3
50128647.2 4 Section 7.3 This Contract shall be construed and interpreted in accordance with the laws of the State of Texas. The obligations of the parties hereto are and shall be performable
in Guadalupe County, Texas. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine,
and vice versa. Section 7.4 Each person executing this Contract warrants and represents that such person is fully authorized to do so. Section 7.5 No real estate or other brokerage commissions
shall be owed as a result of this Contract, and each party shall indemnify and hold the other harmless from and against any and all liabilities arising from any such claims caused or
incurred by it. Section 7.6 The descriptive headings of the several Articles, Sections and Paragraphs contained in this Contract are inserted for convenience only and shall not control
or affect the meaning or construction of any of the provisions hereof. Section 7.7 This This Contract, including the Exhibits hereto, constitute the entire agreement among the parties
pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty,
covenant, agreement or condition not expressed in this Contract shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions
of this Contract. Section 7.8 Numerous copies of this Contract have been executed by the parties hereto. Each such executed copy, taken together, shall have the full force and effect
of an original executed instrument. Section 7.9 This Contract may not be modified or amended, except by an agreement in writing signed by Seller and Purchaser. The parties may waive
any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver shall be effective only if in writing and signed by the party waiving
such conditions or obligations. Section 7.10 Time is of the essence in this Contract.
50128647.2 EXECUTED to be effective as of the _____ day of _______, 2008. SELLER: CIBOLO FARM, LLC, a Texas limited liability company By: Name: Title: PURCHASER Don E. Taylor, City Manager
City of Schertz, Texas
EXHIBIT A LEGAL DESCRIPTION 50128647.2
50128647.2