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08-20-2013 MinutesMINUTES REGULAR MEETING August 20, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 20, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember David Scagliola Councilmember Sydney Verinder Staff Present: Executive Director David Harris Executive Director Brian Jaynes City Attorney Katherine Tapley Deputy City Secretary Donna Schmoekel Councilmember George Antuna was absent. CALL TO ORDER: Mayor Pro -Tem Jim Fowler Councilmember Cedric Edwards City Manager John Kessel Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Carpenter called the Regular Meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Pastor Andy Hostetler, Discovery Church, gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Support David Harris who provided the following announcements of upcoming events: • Thursday, August 22, 2013, Ribbon Cutting at Doss Audiology and Hearing Center, -5000 Schertz Parkway, Suite #300 at 4:00 p.m. Mayor Carpenter recognized Executive Director of Development Brian James who announced that this week the Library is hosting a children's book sale event. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who congratulated the Schertz Senior Center on the success of their recent Gala and Dance held last week. 08 -20 -2013 Minutes Page - 1 - Mr. Kessel also gave kudos to the Finance Department and to Budget and Finance Analyst James Walters for developing and providing a list of definitions for the public which are found in the budget. He stated this is great information. Mr. Kessel also mentioned the success of last weeks first community budget meeting. 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 existingpolicy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Dr. Irene Petrisky, 1117 Twin Lake, who spoke stating she is happy with the direction and growth of the City. She addressed the natatorium issues and the direction the City and the School district are taking on this project. She thanked the City Council for their service. She spoke on her concerns regarding the City's reserves. She stated she has a problem with moving forward with the natatorium project at this time. • Mrs. Maggie Titterington, Schertz Chamber President who provided the Council with an update on the upcoming Chamber Events. She spoke regarding the success of the Schertz Senior Gala Dance. • Ms. Donna Thompson, Schertz Senior Center, who also addressed the Council regarding the success of the Senior Gala Dance. She thanked everyone involved in obtaining the auction items and indicated that this event raised nearly $18,000. • Mr. David Richmond, 2921 Bent Tree Drive, who addressed the Council regarding the problems with parking on the various streets and cul -de -sacs in the community. • Mrs. Yolanda Suarez, 3808 Broughton, who addressed the Council regarding the natatorium, providing input that was published and presented to the citizens for the bond election. Workshop • Discussion and consideration and/or action regarding parking prohibitions along sections of streets with medians and landscape islands. (B. James/L. Busch) Mayor Carpenter recognized Executive Director of Development Brian James who stated that as a recap, last week an ordinance to limit parking on Hickory Lane in Grcenshire. Council provided good comments that this was not the only island within cul -de -sacs, and wouldn't it make more sense to look at that larger area, and come up with a solution that fit everyone's situation. Staff sat down with representative_ s of Engineering, Public Works, 08 -20 -2013 Minutes Page - 2 - Police, Fire and EMS to address the various medians and landscape islands the City has. Each department expressed their different issues. Mr. James stated that each situation will be different and will need to be tailored specifically to each particular situation. There is not a one size fits all solution. It could be overly restrictive or cumbersome to ensure that there was access in every circumstance. Mr. James stated that his recommendation is to work with the Homeowners Association walk through the situation and brainstorm with them to come up with appropriate solutions. Then staff will do a door knocking exercise with the neighbors around the medians to let them know what is being proposed, getting their feedback, and report back to the Homeowners Association. After staff has completed this they will come back with an ordinance to try and address all issues in the neighborhood. Mr. James stated that can be an ongoing project for what does the City do going forward to deal with this issue working with the Traffic Safety Advisory Commission on design standards that can be included in the traffic manual. Mr. James addressed Council questions. • Discussion regarding the Natatorium. (B. James/K. Tapley) Mayor Carpenter recognized Executive Director of Development Brian James who introduced this item stating that previously staff had proposed that Council approve an Interlocal Agreement as a first step to get buy-in for establishing a framework for an agreement between the City and School District in this multi -step process working towards developing a design to allow us to start spending some money on this project. The School District had the item on their agenda this past Thursday night but did not act on it. The direction was to put together a steering committee with a few members of the School Board, the Mayor, and a couple of council members to define some of the terms and provide more specifics as to what the expectations were to provide a greater comfort level for everyone going forward. Mayor Carpenter recognized City Attorney Katherine Tapley who stated that in response to the question of what would happen if the City Council chose not want to move forward with this project after all; the short answer is, this would violate several different laws and create a wide range of liability issues for the City. By proposition, the voters have said they wanted to move forward with this pool project. Currently, all of the bonds have been sold and the money is in place. If Council were now to decide not to proceed with this project, there would have to be a vote where you declare that the project is complete and transfer the money from the bonds that have been sold into the bond fund. The first problem with this action is the project is not really complete because the pool facility was not built. The second problem is you have thirteen months in which to spend the bond money from the date you transfer the money into the bond fund. Also, there are very specific tax laws and state laws regarding what to do with that money. It requires you to pay off the bond. The problem is at this point you don't have the ability to pay off the bond with the way it is structured. You can either leave the money in the bond fund or pay off other bonds. This opens up a likelihood of being sued by one of the other bondholders because it is a violation of what the bonds were for. It also would lower the City's bond rating and have a future effect on the City's tax rate. If you can't build what you want with the funds available, the other options are to build a bare bones competition pool to satisfy the taxpayer obligation; or build a full quality facility by looking for additional sources of funds. You could issue General Bonds, Certificates of Obligations, apply for grants, or enter into Intcrlocal Agreements with other governmental entities. 08 -20 -2013 Minutes Page - 3 - Mayor Carpenter recognized Executive Director of Development Brian James and asked if he had anything more to say before opening the subject up for questions by council members. Mr. James stated that the bonds that were sold amounted to $6.625 million. What has come out of that so far is the Playscape. There was also a design cost associated with that in addition to the construction cost. Likewise, with the pool, the breakdown of costs will be construction cost plus professional services cost (design & consulting) and administrative costs. Lastly, we have a contingency cost - unexpected expenses. Some previous discussion about how often the school might use the facility was explored further. After further discussion with the school members, it looks like it probably will be under 10% of the time. Mayor Carpenter recognized Councilmember Edwards who said that a competition style facility is open to interpretation and wondered what the committee's interpretation of competition style was? He doesn't think the City can afford a natatorium. He also stated maybe there could be an opportunity of partnering with a corporation willing to take on the naming rights and suggested we post a meeting and have some citizen input. City Attorney Katherine Tapley affirmed that yes, legally, we can post for a public meeting. Mr. James suggested we continue with our plan and then we can ask citizens, is this what you want? In looking at materials to date, it was never stated to build an Olympic size pool; it was worded in regard to competition quality. Councilmember Edwards suggested including the YMCA as part of the steering committee and possibly arranging for a public meeting. Mayor Carpenter recognized Councilmember Scagliola who stated that as the scope changes, so does the cost. A concern is that the school will only use the pool a small percentage of the time in relation to the whole cost. Mayor Carpenter recognized Mayor -Pro Tern Fowler who agreed that a town hall meeting is a good idea. Mayor Carpenter confirmed with Mr. James that we don't have the room nor the budget for a fifty meter pool but we do want to make this project work. Mayor Carpenter reread what was published in 2010 regarding Proposition 1. He provided four major points; 1) In 2010, voters said to build us this facility that is on that ballot. 2) Majority of people believed we had the good judgment to make decisions for this community. Three years is proper diligence to consider this project. 3) There are no simple answers to this project. There will be positive and negative feedback from the populace. We ni eed to meet with the school district. Tax money that we pay to the school district can come back into the city on this project. 4) We need to build a facility for City of Schertz, not for other cities or regions but for us and it needs to be the best possible long term solution. Costs will only increase as time continues on. Let's schedule time with School District. Let's put it on the agenda in the next couple of weeks. Mayor Carpenter stated that he meant to mention earlier in the meeting that recently published in "CNN Money Magazine" it was noted that Guadalupe County is the 4th of all counties in the Nation regarding job growth. Guadalupe County job growth for 2010 -2012 was 12.2 %. The article also mentioned economic engine cities of Cibolo; Schertz, and Seguin who posted double - digit job growth for a two -year period to earn a place at the head of the pack. Mayor Carpenter gave kudos to the staff and the community. 08 -20 -2013 Minutes Page - 4 - Consent Agenda Items Ordinance No. 13 -E -29— Consideration and/or action approving an Ordinance calling an Election to be held on November 5, 2013 for the purpose of electing council members for Place 3, Place 4 and Place 5 for said City; making provision for the conduct of the Election; authorizing contracts with the Elections Administrators of Bexar, Comal, and Guadalupe Counties to conduct this Election; authorizing the Election to be held as a Joint Election; resolving other matters incident and related to such Election; and declaring an effective date. Final Reading (J. Kessel/B. Dennis) The following was read into record: ORDINANCE NO. 13-E-29 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 5, 2013 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 3, PLACE 4 AND PLACE 5 FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR, COMAL, and GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE 2. Ordinance No. 13 -F -26 — Consideration and/or action approving an Ordinance amending the City's Drought Contingency Ordinance by adding Section XI.2: Single -Pass Cooling System Connections and Non - Recirculating Systems Prohibited; establishing penalties for the violation of and provisions for enforcement of these restrictions; establishing procedures for granting variances; and providing severability and an effective date Final Reading (J. BierschwalelJ. Hooks) The following was read into record: ORDINANCE NO. 13 -F -26 AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CITY'S DROUGHT CONTINGENCY ORDINANCE BY ADDING SECTION XI.2: SINGLE - PASS COOLING SYSTEM CONNECTIONS AND NON- RECIRCULATING SYSTEMS PROHIBITED; ESTABLISHING PENALTIES FOR THE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. Mayor Carpenter recognized Mayor Pro -Tern Fowler, who moved, seconded by Councilmember Scagliola, to approve consent agenda items 1 and 2. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes and no one voting no. Councilmember Antuna was absent. Motion Carried, 08 -20 -2013 Minutes Page - 5 - Discussion and Action Items Public Hearings on Proposed Budget for FY 2013 -14 -- Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2013 -14 Budget (First required public hearings) (J. Kessel/J. Walters) Mayor Carpenter recognized Budget & Finance Analyst James Walters who introduced this item stating in accordance with Chapter 26 of the Texas Tax Code the City Council must hold two (2) public hearings on a proposed budget for FY 2013 -14. He stated the first required public hearing is this evening. The second required public hearing will be conducted at the August 27, 2013 regular session. Mr. Walters provided a presentation regarding the proposed FY 2013 -14 budget, noting that this is also a five -year budget projection, and answered questions from Council. The following information was included: FY 2013 -14 Proposed Budget Budget Goals: ■ Balanced Structurally • Conservative and Responsible • Follows Financial Policies • Maintains Current Service Levels • Focuses on Priorities Management Practices: • Focuses on Priorities — Maintain appropriate Fund Balance • Team input — Departments, Council, and Citizens • Forward Looking — Planning for future revenues & expenses, consider project schedules, 5 year forecast Key City 5 Year Goals 2122113: • Building Repairs • Rebuild Reserves • Fire Station 3 • P25 Compliant Public Safety Radios • Master Facilities Plan • Hold Tax Rate Flat • Compensation Study Pre - budget Community requests: • Improved maintenance of Crescent Bend pathways • Provide a facility to pay utility bills farther south • Plan the Fire Station 3 as a multiuse facility • ' Fire & Public Safety be the top priority • More Senior Support • Continued to have the new Natatorium as a priority Budget Highlights: 08 -20 -2013 Minutes Page - 6 - • Elevated Water Tank Construction • Master Communication Plan Phase 1 • Council Chamber Improvements • New Vacuum & Router Truck for Public Works • Northcliffe Waterline Replacement Lastly, Mr. James provided the following information regarding the FY 2013 -14 budget calendar: July 31 File with City Secretary August 6 Budget workshop, vote to place preliminary tax rate on agenda, and schedule public hearings August 15 First Community Budget Presentation - Schertz United Methodist Church, 6:00 p.m. August 20 First Public Hearing August 21 Second Community Budget Presentation — Hal Baldwin Municipal Complex — Council Chambers at 6:00 p.m. August 27 Second Public Hearing and First Vote September 3 Second Vote and Adoption October 1 Budget goes into effect Mr. James provided the budget video. Mayor Carpenter mentioned that a copy of the budget can be picked up with the City Secretary this evening for use as Council goes over the budget. He stated that there is also a copy on our website, and a hard copy at our Library. Mayor Carpenter opened the public hearing and recognized Mr. Robert Brockman, 1000 Elbel Road, who asked several questions regarding several sections and pages within the budget. He also requested staff add to the definition list the meaning of bad debt. Mayor Carpenter requested staff get with Mr. Brockman to go over his questions, and bring back those comments to Council next week. As no one else spoke, Mayor Carpenter closed the public hearing. Mr. Walters and City Manager John Kessel addressed Council questions. Mayor and Council provided their comments regarding the preparation of the budget from staff and management. Mayor Carpenter announced that the second public hearing on the proposed budget will be conducted at the August 27, 2013 Regular City Council meeting in the City Council Chambers. 4. Public Hearings on Proposed Tax Rate for FY 2013 -14 — Conduct a public hearing and consideration and/or action regarding the adoption of the FY 2013 -14 Tax Rate. (First required public hearing) (J. Kessel/J. Walters) Mayor Carpenter recognized Budget & Finance Analyst James Walters who introduced this item stating in accordance with Chapter 26 of the Texas Tax Code the Council must hold two (2) public hearings on a proposed tax rate. 08 -20 -2013 Minutes page - 7 - Mr. Walters stated at the August 6, 2013 regular session the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4999 per $100 of value. The proposed rate is not subject to rollback. Mr. Walters provided a brief PowerPoint covering the following highlights: Tax Rate Current Effective: M &O $0.2993 Funds general City Services I &S $0.2006 Pays for the City's debt Total $0.4999 The combined tax rate seen on the tax bill Tax Rate Effective: The tax rate which, on average, will keep the tax bill the same as in 2012. Current: The rate currently adopted-by the City. Preliminary: The maximum rate set at which the final adopted rate cannot exceed. Rollback: The rate if exceeded allows citizens to initiate a rollback. Tax Rate Effective: $0.4829 Current: $0.4999 Preliminary: $0.4999 Rollback: $0.5218 $0.01 is equal to $247,608 revenue or $16.47 on the average home All Funds —Revenues: General Fund $23,125,022 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,153,029 EMS Fund 7,359,681 Drainage Fund 1,042,700 Hotel Tax 508,288 Park Fund 150,300 Tree Mitigation 139,525 Capital Recovery 2,895,869 I &S Fund 5,705,230 Historical Committee 5,650 Parks & Rec Foundation 293,850 SEDC 3,105,211 Grand Total $63,992,955 All Funds — Expenses: Administrative $5,390,018 General Fund 17,228,579 Special Events Fund 147,100 PEG Fund 361,500 Water & Sewer Fund 19,015,038 EMS Fund 6,833,405 Drainage Fund 1,039,006 08 -20 -2013 Minutes Page - 8 Hotel Tax 508,288 Park Fund 40,000 Tree Mitigation 139,525 Capital Recovery 2,326,109 I &S Fund 5,596,775 Historical Committee 5,650 Parks & Ree Foundation 275,250 SEDC 3,074,554 Grand Total $61,980,797 All Funds — Expenses: FY 2012 -13 Budget FY 2013 -14 Proposed General Fund $21,888,943 $22,618,597 Special Events Fund $ 131,300 $ 147,100 PEG Fund $ 131,000 $ 361,500 Water & Sewer Fund $16,679,539 $19,015,038 EMS Fund $ 5,857,199 $ 6,833,405 Drainage Fund $ 959,088 $ 1,039,006 Hotel Tax Fund $ 491,945 $ 508,288 Park Fund $ 246,484 $ 40,000 Tree Mitigation $ 96,525 $ 139,525 Capital Recovery Fund $ 3,765,624 $ 2,326,109 Tax I &S Fund $ 5,201,936 $ 5,596,775 Historical Committee $ 5,650 $ 5,650 Parks & Recreation $ 271,762 $ 275,250 Foundation SEDC $_2,674,444 $ 3,074,554 Total $58,401,439 $61,980,797 General Fund — Revenues: Property Taxes $ 7,892,712 Sales Taxes 6,179,166 Fees 3,053,888 Fund Transfers 1,975,009 Franchises 1,738,605 Permits 1,007,062 Inter- 685,780 Jurisdictional Miscellaneous 464,700 Licenses 70,100 Library Fines 30,000 Other Taxes 28,000 08 -20 -2013 Minutes Page - 9 - Total Revenues $23,125,022 General Fund — Revenues: General $ 6,186,975 Government 22,618,597 Internal Service 3,207,708 Police 5,468,836 Fire Rescue 3,028,337 Inspections 472,996 Marshal Service 652,391 Streets 1,074,802 Parks & 1,195,086 Recreation Library 876,277 Animal Services 455,189 Total Expenses $22,618,597 General Fund: Revenues $23,125,022 Expenditures 22,618,597 Increase of Fund Balance 506,425 Beginning Fund Balance 3,976,709 Ending Fund Balance 4,483,134 25% Requirement Policy $ 5,637,149 The Current Tax Rate: Total Change in Expenditures $231,000 New Programs $323,000 Capital Purchases $551,000 Maintain Current Level of Service $1,105,000 Total Increase $506,000 Reserve Funding New Programs: $ 125,000 Merit Program $ 47,000 Computer Technician $ 14,000 Part-time Animal Adoption Facility Technician $ 45,000 New Animal Adoption Center Operations $ 231,000 Total New Programs 08 -20 -2013 Minutes Page - 10 - General Fund Capital Purchases: • Replace Vehicle for Marshal Services • Purchase of 2 Vehicles for Streets (reimbursed by Water) • Council Chamber Improvements (reimbursed by court security, court technology, and hotel tax restricted fiords) • New Email Server and Set up • Increase the amount of Desktop replacements Target Tag Rate: Tax Rate Current Preliminary Tax Rate Alternative M &O $0.2993 $0.3035 $0.3010 I &S $0.2006 $0.1964 $0.1964 Total $0.4999 $0.4999 $0.4974 M &O Impact $0 $103,740 $41,990 FY 2018 Projections: Current Recommended Alternative Revenue $25,390,198 $25,514,855 $25,440,654 Expense $(25,547,867) $(25,547,867) $(25,547,867) Reserve Funding $(157,669) $(33,012) $(107,213) M &O Fund Balance $5,045,078 $5,633,099 $5,253,086 25% Goal $6,371,967 $6,371,967 $6,371,967 Over/Under $(1,326,889) $(738,868) $(1,088,880) Mayor Carpenter opened the public hearing, and as no one spoke, Mayor Carpenter closed the public hearing. Mayor and Council provided their comments. Mayor Carpenter announced that the second public hearing on the proposed budget will be conducted at the August 27, 2013 regular City Council meeting in the City Council Chambers. 5. Ordinance No. 13 -S -30 — Conduct a public hearing and consideration and/or action amending Part III, Schertz Code of Ordinances, Article 11 Section 21.11.9B of the Unified Development Code (UDC) of the City of Schertz, Texas; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. First Reading (B. James/M. Sanchez) The following was read into record: ORDINANCE NO. 13 -S -30 AMENDING PART III, SCHERTZ CODE OF ORDINANCES, ARTICLE 11 SECTION 21.11.913 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SCHERTZ, TEXAS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Director of Development Services Michelle Sanchez who introduced this item stating on August 14, 2013 the Planning and Zoning Commission 08 -20 -2013 Minutes Page - I1- conducted a public hearing and made a favorable recommendation to City Council to amend the Unified Development Code, Article 11, Section 21.11.9 to add an allowance for large industrial businesses in industrial districts to have a sign that is up to 15% of the facade area or 250 square feet, whichever is less, regardless of which category of street on which the building is located. The provisions would apply to wall signs located on properties' zoned Manufacturing District -Light (M -1); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M -1 or M -2 and with a minimum primary facade elevation of 300 linear feet or greater may have the primary wall sign calculated at 15% of the facade area or 250 square feet, whichever is less. Proposed UDC Amendment: Add the following note below the table: 1. Wall signs located on properties zoned Manufacturing District -Light (M -1); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M -1 or M -2 and with a minimum primary facade elevation of 300 linear feet or greater may have the primary wall sign calculated at 15% of the facade area or 250 square feet, whichever is less. She stated Caterpillar, Salof (now owned by General Electric), Sysco, and Amazon.com are all located on local streets which fall into the All Other Streets category and despite the large building size would be limited to a primary wall sign that is no more than 80 square feet. Note that this restriction does not actually apply to Amazon.com as it is located within a PDD with different sign regulations. The current Sysco and Salof signs exceed the current size allowed due to confusion with permitting, but would comply with the 250 square foot restriction being proposed. Those signs seem in scale given the size of the buildings. Requiring a sign that is so out of scale with the building does more than negatively impact the aesthetic of the building, it can create unnecessary operational challenges and impact traffic. Having an appropriately scaled sign allows drivers to more easily identify the building they are looking for. This is especially important for larger industrial users that generate a significant amount of truck traffic. Staff recommends approval of Ordinance No.13 -S -30 amending the UDC, Article 11, Section 21.11.9.B. Wall Signs Maximum Area to add that "Wall signs located on properties zoned Manufacturing District -Light (M -1); Manufacturing District - Heavy (M -2); and PDD (Planned Development District) with a base zoning of M -1 or M -2 and with a minimum primary facade elevation of 300 linear feet or greater may have the primary wall sign calculated at 15% of the facade area or 250 square feet, whichever is less. Mayor Carpenter opened the public hearing and recognized Mrs. Maggie Titterington, Schertz Chamber of Commerce President who spoke in favor of this item. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor and Council provided their comments, and staff answered questions. 08 -20 -2013 Minutes Page -12 - Mayor Carpenter recognized Edwards, who moved, seconded by Mayor Pro -Tem Fowler, to approve Ordinance No. 13 -S -30 on first reading. The vote was unanimous with Mayor Pro - Tem Fowler, Councilmembers Scagliola, Edwards, and Verinder voting yes and no one voting no. CouncilmemberAntuna was absent. Motion Carrier 6. Ordinance No. 13 -M -31 — Conduct a public hearing and consideration and/or action amending the Code of Ordinances, Part I11, Unified Development Code, Article 13 — Land Disturbing Activities and Drainage; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; providing an effective date; and declaring an emergency. First & Final Reading (B. James/L. Busch) The following was read into record: ORDINANCE NO. 13 -M -31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, PART III, UNIFIED DEVELOPMENT CODE, ARTICLE 13 — LAND DISTURBING ACTIVITIES AND DRAINAGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY Mayor Carpenter recognized Engineer -in- Training Larry Busch who introduced this item stating that at the regular April 16, 2013 meeting Council approved the amendments to the Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and Drainage on first and final reading of Ordinance 13 -M -12. Since this time staff has found a few portions of the revised Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 Land Disturbing Activities and Drainage that need to be revised so the standards discussed as part of the approval process are met and can be enforced. The Planning and Zoning Commission reviewed the changes proposed at their regular meeting of August 14, 2013 offered a recommendation of approval. Staff is recommending approval of an amendment to the Schertz Code of Ordinances, Part III, Unified Development Code, Article 13 — Land Disturbing Activities and Drainage. Staff recommends approval of first and final reading of Ordinance 13 -M -31. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Road, who asked a question, but it was in regard to the previous item. As no one else spoke, Mayor Carpenter closed the public hearing. Staff answered questions from Council. Mayor Carpenter recognized Councilmember Verinder, who moved, seconded by Councilmember Edwards, to approve Ordinance No. 13 -M -31 on first and final reading. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Edwards, 08 -20 -2013 Minutes Page - 13 - and Verinder voting yes and no one voting no. Councilmember Antuna was absent Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes for agenda items 1, 2, 5, and 6. Requests and Announcements 7. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements provided. 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Scagliola who stated that last week we had a citizen talking about the car wash on FM 3009 and he wanted to know if staff has addressed the issue, and is it something that we need to put on a future agenda. Mayor Carpenter recognized Executive Director of Operations John Bierschwale who stated that staff is looking into the issue and looking at old ordinances. He stated that staff will be doing their due diligence in looking into this because it will impact several businesses. Councilmember Scagliola also asked what was the status of the $20 million dollar bonds from 2006 for street repairs and how much money is left over. Executive Director of Development Brian James stated that staff is still working to get this information to him. 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 Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated he attended the following; • Tuesday, August 20, 201, attended the Schertz Chamber of Commerce luncheon 08 -20 -2013 Minutes Page - 14 - Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following: • Friday, August 16, 2013, Senior Center Dance and Gala • Saturday, August 17, 2013, Schertz Chamber of Commerce Schertz Idol event • Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon Mayor Carpenter recognized Councilmember Edwards who stated he attended the following: • Friday, August 16, 2013, Senior Center Dance and Gala • Saturday, August 17, 2013, Schertz Chamber of Commerce Schertz Idol event • Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon Mayor Carpenter recognized Councilmember Verinder who stated he attended the following: • Thursday, August 15, 2013, Schertz Community Budget meeting • Friday, August 16, 2013, Senior Center Dance and Gala • Monday, August 19, 2013, attended the presentation by the City of West regarding their recent emergency response. • Tuesday, August 20, 2013, attended the Schertz Chamber of Commerce luncheon. Mayor Carpenter stated he attended the following events: • Friday, August 16, 2013, Senior Center Dance and Gala • Saturday, August 17, 2013, attended a lunch ceremony at the John Paul II High School. Lastly, Mayor Carpenter showed ball caps that were provided to the Council from the Buffalo Valley Youth Association (BVYA), recognizing their recent Pony Shetland Pinto World Series event. Mayor Carpenter stated it was a fantastic event and gave kudos to BVYA and the accomplishments over the years. Executive Session Council did not meet in Executive Session. 11. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Adjournment As there was no further business, the meeting was adjourned at 8: a5 W Michael R. Carpenter, Mayor ecretary, Brenda Dennis 08-20 -2013 Minutes Page -15 -