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03-04-2014 MinutesMINUTES REGULAR MEETING . March 4, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 4, 2014, 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 Councihnember Jim Fowler Councilmember Cedric Edwards Staff Present: Executive Director John Bierschwale City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Pro -Tern David Scagliola Councihnember Daryl John Councilmember. Matthew Duke City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu Deputy City Secretary Donna Schmoekel Mayor Carpenter called the Regular Meeting to order at 6:02 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas Mr. Ken Ratcliff, Schertz Church of Christ, provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized the following that were in the audience this evening: • Guadalupe County Judge Larry Jones and his wife • Boy Scouts Jack Wallace, Benny Bosewell, and Patrick Oyston from Troop 512 Mayor Carpenter announced if anyone was present this evening who was participating and joining us for the Hal Baldwin Scholarship this evening, to please sign the sign -up sheet in the back before you leave. Mayor Carpenter stated that Mrs. Mary Burks was present this evening. Mayor Carpenter stated that she was appointed by Mayor Roy Richard to serve on the Schertz Citizens Advisory Council in the late 60's. Mayor Carpenter asked if Council would indulge him for a moment and asked Mrs. Burks to join him at the podium. Mayor Carpenter stated it was so important for citizens like Mrs. Burks who volunteered her time to serve on the Schertz Citizens Advisory Committee for so many years providing her guidance to the Mayor and Councihnembers through the years. Mayor Carpenter thanked Mrs. Burks for serving the city. Mayor Carpenter recognized Mrs. Burks who stated Schertz was a very small town when she came to live here. She raised seven children here, all of whom graduated in Schertz and she is glad Schertz has grown into a beautiful place and that everyone is working to make it better. 03 -04 -2014 Minutes Page - 1 - City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements and upcoming events: • March 1 through March 16, 2014, Schertz Annual Spring Clean Up — drop off event for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily — free of charge to residents with proper identification. Contact Bexar Waste at 566 -5454, Public Works 619 -1800, or 311. • Northeast Partnership Meeting & Luncheon for March has been cancelled. • Tuesday, March 18, 2014, Schertz Chamber Luncheon, 11:30 a.m., Schertz Civic Center. • Thursday, March 20, 2014, Employee Remembrance Day, Noon, 10 Commercial Place. • Friday, March 21, 2014, SCUCISD Education Foundation Golf Tournament, 11:30 a.m., Olympia Hills Golf & Conference Center, Universal City. • Friday, March 21, 2014, TML Region 7, Training begins at 3:30 p.m., Reception 5:00 p.m., Dinner 6:00 p.m., Leon Civic Center, Uvalde, 324 E. Main Street, Please RSVP to Brenda Dennis no later than March 14, 2014. • Thursday, April 10, 2014, Community Volunteer Fair, 5:30 p.m. to 7:00 p.m., Schertz Civic Center. • Saturday, April 19, 2014, Absolute Jazz, 2:00 p.m. to 9:00 p.m., Pickrell Park. The last announcement is that the Schertz Police Department is kicking off a focus program for DWI offenses for two weeks due to receiving a grant from the state of Texas to get more officers on the street over Spring Break. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that four staff members have recently passed the Certified Animal Officers test; two new employees, Jacob Evans and Edward Armstrong with Animal Services and two Park staff employees, Scott Duever and Dean Midlick, who took it upon themselves to get crossed trained; they are not normally assigned to Animal Service duties. Mr. Kessel congratulated the employees on their accomplishment. Hearing of Residents: Councilmember Duke arrived at 6:10 p.m. Mayor Carpenter recognized the following who spoke: Mrs. Maggie Titterington, Schertz Chamber President who provided the following on the Chambers' upcoming events: 03 -04 -2014 Minutes Page - 2 - March 7, 2014 — Dance Fit Schertz Jazzercise Ribbon Cutting, 1420 Schertz Parkway, Suite 100, 10:45 a.m. March 13, 2014 - Doss Audiology After Hours Mixer, 5000 Schertz Parkway, 5:30 p.m. March 26, 2014 - Gunn Chevrolet Grand Opening & Ribbon Cutting, 16550 IH 35, 11:00 a.m. March 28, 2014 - Employer Compliance Workshop, Chamber offices, 8:00 a.m. She stated that four (4) DECA Students made it to National competition; 3 students are from Samuel Clemens High School and one is from Byron Steele High School. If they win they go to International competition. However, at the national level is where they get their college scholarship money. Ms. Titterington also pointed out the chamber membership now stands at 326 members. Over 60 percent of the members are Schertz businesses but we have over 90 miles of membership with the farthest member being located in Austin. • City Secretary Brenda Dennis, Missy Carpenter, and Marshall Carpenter who came forward surprising Mayor Carpenter with a 45th Birthday cake. Members of the audience were asked to sing happy birthday. Mayor Carpenter turned the meeting over to Mayor Pro -Tern Scagliola. Mayor Pro -Tem Scagliola called for a ten minute recess so that everyone could enjoy a piece of Mayor Carpenter's birthday cake. Mayor Pro -Tem Scagliola recessed the regular meeting at 6:20 p.m. Mayor Carpenter reconvened into regular session at 6:30 p.m. and thanked everyone for their birthday wishes. Worksession • Presentation, discussion and possible action regarding Microsoft Office 365 Software Agreements and internet upgrade. (B. James/M. Clauser) Mayor Carpenter recognized Senior Systems Engineer Kyle Gaertner who provided a power point presentation discussing the research performed and options available in their recommendation of purchasing the Microsoft 365 Software Agreements and internet upgrade. Mr. Gaertner stated the City is currently running Exchange 2003 on Windows Server 2003. He also stated that after looking at costs, reliability, security, and other considerations, the IT Department recommends the purchase of Microsoft Office 365. This will be a reliable, secure, and continuously updated system. It will also cost approximately $10,000 less per year than the Google option and approximately $80,000 less over a 5 year period than the "in house" option. Mr. Gaertner addressed the following questions from Mayor and Council: 1) We are on a five year update cycle now. Will that go away with the purchase of the recommended software of Microsoft Office 365? Answer: Yes, we will be on a continuous — cycle of updating instead of every five years. 03 -04 -2014 Minutes Page - 3 - 2) What about new training requirements? Answer: Once we are using Microsoft Office 365, any future training will be minimal as we already have the basics. 3) There is not a service contract? Answer: This is just for deployment and implementation. One of the resolutions is for us to enter into a 3 year contract for service with Microsoft. The other resolution is for working with Liftoff, in which Microsoft will cover the migration expense. They have not looked at any further contract right now as the support coming from the purchase with Microsoft is sufficient. 4) There will no longer be a local server; it will be all cloud? An employee located anywhere that has interrret access can get to their office information through this connection? Answer: Yes. 5) So there will no longer be a local server, no labor or maintenance on a server, no power consumption in our data center, no necessity for a data recovery plan and it is compliant with Criminal Justice Information Systems (CJIS) security requirements? Answer: Yes. 6) In addition to saving the City a lot of money, will this allow us to also shift some of the workload in the Information Technology (IT) Department to more project based workloads instead of maintenance based workloads? Answer: Yes. 7) How secure is this option? Answer: Very secure. There will be audit trails and the only people who can get to the data will be us. The data will not be used for any other purposes but for in house personnel use. It is totally compliant with CJIS requirements. 8) If we have issues during migration and launch of the new system, or experience complete failure, can we move back to our old system? Answer: Yes. Implementation will be in phases so the current system will still be available during this time and if we have problems later, we can always turn it back on. Discussion and Action Items Minutes - Consideration and/or action regarding the approval of the minutes of the regular meeting of February 25, 2014, and minutes of the Special Retreat Workshop of February 27, 2014. (J. Kessel/B. Dennis) Mayor Carpenter recognized Mayor Pro -Tern Scagliola, who moved, seconded by Councilmember Edwards, to approve the minutes of the regular meeting of February 25, 2014, and the minutes of the Special Retreat Workshop of February 27, 2014. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 2. Resolution No. 14 -R -19 — Consideration and/or action approving a Resolution authorizing licensing, product and enterprise enrollment agreements for a 3 year term with Microsoft and authorizing the purchase of licenses from SHI Government as part of the Microsoft Office 365 Email System Upgrade. (B. James/M. Clauser) The following was read into record: 03 -04 -2014 Minutes Page -4- RESOLUTION NO. 14-R-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH MICROSOFT AUTHORIZING THE PURCHASE OF LICENSES FROM SRI GOVERNMENT SOLUTIONS RELATING TO EMAIL AND SOFTWARE SERVICES FOR THE MICROSOFT OFFICE 365 EMAIL SYSTEM UPGRADE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Mayor Pro - Tem Scagliola, to approve Resolution No. 14 -R -19. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried Resolution No. 14 -R -20 — Consideration and/or action approving a Resolution authorizing a contract with Liftoff LLC for. implementation services associated with the Microsoft Office 365'Email System Upgrade. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 14-R-20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH LIFTOFF LLC FOR IMPLEMENTATION OF OFFICE 365 EMAIL UPGRADES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember Edwards, to approve Resolution No. 14 -R -20. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 4. Resolution No. 14 -R -21 — Consideration and/or action approving a Resolution authorizing an agreement to the upgrading of fiber provided by Time Warner Cable to increase the bandwidth, and other matters in connection therewith. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 14 -R -21 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT TO THE UPGRADING OF FIBER PROVIDED BY TIME WARNER CABLE TO 50 MBPS TO INCREASE BANDWIDTH FOR PUBLIC SAFETY, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Edwards who stated it is smart that we do this and that we need the options of having two carriers. IT Manager Myles Clauser stated the _ reality is that the current connection we have is slower than what most everyone has at home. 03 -04 -2014 Minutes Page - 5 - Councilmember Fowler asked how far in the future this upgrade will take us. Mr. Clauser explained it would need to be revisited in two to three years. This is an interim step that allows us to do some necessary infrastructure and will allow us to gauge what the real impact is going to be. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated since payment for this is coming out of the General Fund Contingency, is this a wise way to spend it? City Manager John Kessel replied that for this fiscal year the budget was $110,000 and he strongly believes it is a very wise decision as this is a critical life safety service to the public rather than a quality of life service. We do not want to wait too long and have the communication system fail during a community emergency (i.e., a flood). Mayor Carpenter stated that just to clarify; this money is coming out of budgeted funds rather than from reserves, and he has no problem with the $8,262 expenditure for this purpose. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Resolution No. 14 -R -21. The vole was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Resolution No. 14 -R -22 — Consideration and/or action approving a Resolution authorizing an application with Bexar County for a Community Development Block Grant (CDBG) for the meal program at the Schertz Area Senior Center. (B. James /C. Van Zandt) The following was read into record RESOLUTION NO. 14 -R -22 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURSUIT OF A CDBG GRANT FOR FUNDING FOR THE SCHERTZ AREA SENIOR CENTER MEAL PROGRAM. Mayor Carpenter recognized Executive Director of Development Brian James who stated last year Parks applied for a CDBG grant for ADA accessibility pathways through some of our Parks. This year's submittal time frame came in and with the City taking over the Senior Center we are thinking of how we could use these funds. The biggest issue with the Senior Center is the meal program. He stated they would like to have greater flexibility with that such as either reducing the cost of the meals or subsidizing the people who would qualify for a reduced rate. Mr. James stated although we are not sure yet how we will spend the grant money, as with last year we are matching the applied for grant with $10,000 in order to get a grant for $10,000 to spend on the program. Mayor Carpenter recognized Mayor Pro-Tern Scagliola who stated hopefully we would get the grant again this year. Park Manager Chuck Van Zandt stated that yes, in FY 2012 -13 we did get a grant of $61,844, which was a 50/50 match of funding for ADA improvements for Pickrell Park and we are currently working with our Engineering Department staff to develop construction documents so we can move forward and get the trail built. 03 -04 -2014 Minutes Page -6- Mayor Carpenter recognized Councilmember Fowler who asked if this was related to AACOG. Director of Development Brian James responded it was not. It was through the Bexar County Community Development Block Grant (CDBG) which is federally funded and available to any of the cities who participate within the county of Bexar. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -22. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 6. Ordinance No. 14 -S -08 - ZC2013 -007 — Conduct a public hearing and consideration and/or action approving an Ordinance and act upon a request by Schertz 1518, Ltd. to amend the The Crossvine Planned Development District (PDD) zoning, a mixed use development consisting of approximately 545.74 acres. The property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading (B. James/M. Sanchez/L. Wood) The following was read into record: ORDINANCE NO. 14 -S -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING APPROXIMATELY 545.74± ACRES OF LAND AMENDING THE CROSSVM PLANNED DEVELOMENT DISTRICT (PDD), GENERALLY FOR MIXED USE DEVELOPMENT. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE JULIAN DIAZ SURVEY NO. 66, ABSTRACT NO. 187, AND ALSO A PORTION OF THE E.R. EVANS SURVEY NO. 80, ABSTRACT NO. 216, COUNTY BLOCK 5060, AND ALSO A PORTION OF THE GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO. 424, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS AND LOCATED GENERALLY LOCATED WEST OF FM 1518 AND LOWER SEGUIN ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that the applicant is proposing to amend The Crossvine Planned Development District (PDD) an approximately 545.74 acres of land generally located west of FM 1518 and Lower Seguin Road. The site is currently zoned Planned Development District (PDD) to create a mixed use development consisting of single family residential, multi - family dwellings, commercial with a generous amount of open space and a community trail system. 03 -04 -2014 Minutes Page - 7 - This amendment of the PDD proposes new design criteria and the addition of three (3) tracts of land totaling approximately 54.66 acres to The Crossvine Planned Development District (PDD). Tract 1 - The applicant is requesting to rezone approximately 13.669 acres of land from General Business (GB) and Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located north -west of the intersection of Lower Seguin Road and FM 1518. Tract 2 - The applicant is requesting to rezone approximately 1.5 acres of land from Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located approximately 5000 feet south of the intersection of Lower Seguin Road and FM 1518. • Tract 3 - The applicant is requesting to rezone approximately 39.49 acres of land from General Business (GB) and Residential Agriculture (RA) to Planned Development District (PDD). The property is generally located west of the Sedona Subdivision. Two hundred and forty five (245) public hearing notices were mailed to surrounding property owners on January 31, 2014 with a public hearing notice published in the "The Daily Commercial Recorder" on February 14, 2014 and the "Herald" on February 19, 2014. At the time of this staff report twenty (20) total responses were received, five (5) responses in favor of the request; thirteen (13) responses opposed to the request; and two (2) responses were neutral to the request. Ms. Wood provided the following project history information: 2005: Sedona Subdivision PUD was adopted for mix use development Ord. #05 -S -49. (Sedona unit 1 was platted 2007) 2006: Sedona Subdivision PUD was amended Ord. # 06 -5 -36 2012: Sedona Trails PDD was adopted as new mixed use development Ord. #12 -S -01 2012: The Crossvine PDD was amended and adopted by Ord. #12 -5 -16. The Planning and Zoning Commission conducted the public hearing on February 12, 2014 and offered a recommendation of approval. Staff recommends approval of the amendment request based on the compliance with the Comprehensive Land Use Plan and consistency with the existing PDD - Master Plan adopted with Ordinance 12 -S -16. The amendment will consist of Garden Home (GHl and G112), Attached Residential (ARl), Multi - Family Residential (MFR), and Commercial (GB). • Garden Home (GHl) has a minimum lot size of 3,825 square feet with minimum lot dimensions of 45 feet by 85 feet. The front building setback is 18 feet with a side setback of 10 feet and a minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum impervious coverage of 85% and a maximum dwelling size of 2,450 square feet. 03 -04 -2014 Minutes Page - 8 - Garden Home (GH2) has a minimum lot size of 3,600 square feet with minimum lot dimensions of 60 feet by 60 feet. The front building setback is 18 feet with a minimum side setback of 10 feet and a minimum rear setback of 10 feet. The building maximum height is 38 feet with a maximum impervious, coverage of 85% and a maximum dwelling size of 2,550 square feet. Attached Residential (ARI) shall have a maximum density of 9 units per acre with a maximum building height of 38 feet, maximum impervious coverage of 85% and maximum home size of 2,100 square feet. Multi - Family Residential (MFR) shall have a maximum density of 22 units per acre with a maximum building height of 65 feet and maximum impervious coverage of 85 %. MFR developments must provide 1.5 parking spaces for each 1- bedroom unit, 2 parking spaces for each 2- bedroom unit, 2.5 parking spaces for each 3+ bedroom unit, and an additional 5% of total spaces. Commercial district consists of the General Business (GB) zoning district as set forth in the UDC with the uses amended to exclude the following: Airport, heliport, or landing field; assisted care or living facility; athletic stadium, private; automobile parking structure/ garbage; automobile repairs & service, major; church, temple, synagogue, mosque, or other place of worship; college, university, trade, or private boarding school; convenience store with gas pumps; family or group home; gasoline station/ fuel pumps; golf course and/ or country club; heavy equipment sales, service, or rental; hospital; livestock; mortuary / funeral home; theatre, outdoor; trailer/ manufactured home sales. Ms. Wood also provided the following summary of highlights some of the significant modifications to the requirements of the Unified Development Code (UDC). Also, design criteria has been added to the PDD for Module II which consists of 107.57 acres of land located north of Trellis Walk and includes property located on the north side and south side of Lower Seguin Road. The property is designated for higher density residential options and will be a commercial and civic hub: Amendment to Section 8: Infrastructure Standards Roadways (Sec. 8.2)7 Four new roadway profiles which are different from the City's standard roadway profiles are proposed. The new profiles include the following: • 78 foot Boulevard with two 24.5 feet sections of pavement separated by a 6 foot median. • 68 foot Boulevard with two 19.5 foot sections of pavement separated by a 6 foot median. • 60 foot Boulevard with two 14 foot paved drive isles and a 14 foot decorative paved turn lane. • 44 foot Minor Local Street with a 24 foot paved drive isle and 8 foot paved parallel parking isle. All proposed roadway profiles have been reviewed and approved by Public Works, Engineering and Fire. 03 -04 -2014 Minutes Page -9- Parking Requirements (Sec. 8.8): In addition to the two garage and two driveway parking spaces required, an additional 0.5 space of parking is required per garden home. This extra parking can be satisfied by designated parallel parking areas, parking courts, or parking spaces in multi - dwelling private courts. Amendments to Section 9: Community and Public Amenity Standards Entry Features (See. 9.2.1)_ This change allows for entry features on both sides of any entry into the development or into individual neighborhoods throughout the project. Public Screening and Landscaping (Sec 9.2.3): This provision requires the Developer to provide a "Common Area" where all required public screening will be located. Land Use Transition Areas (Sec. 9 2.13): This provision encourages four -sided architecture and buildings, where commercial development is adjacent to a residential use. The amount of required screening varies based on the amount of windows and doors that are located on the wall facing the residential use. The greater the percentage of windows and doors the lower the required wall height. This is intended to promote walk ability and interconnectedness for a mixed use neighborhood. Signage (Sec. 9.5): This provision adds a Real Estate sign category for commercial, multi- family, and attached residential. The sign is temporary with a maximum height of 10 feet and face area of 50 feet. Additionally no lighted sign shall be erected or displayed within 150 feet of the property line of a property designated as DSFR(1), DSFR(2), or DSFR(3) unless the lighting is shielded from view. The maximum area of a wall sign has been increased to 15% of fagade area or 300 square feet, whichever is less. Amendments to Section 12: Land Use Allocations Garden Home (Sec. 12.2.1.1.4): This section introduces the concept of Garden Homes organized into Multi - Dwelling Private Courts. Each court is a pod of four or less individual dwellings, serviced by a 22 to 28 foot wide private drive that is no longer than 120 feet. The private drive will include a fire lane and signage to designate no parking along the fire lane. Additional parking spaces may be included at the end of the private drive to serve the Multi - Dwelling Private Court. Attached Residential (See. 12.2.1.1.5): Attached residential dwellings are proposed as being vertically separated from one another with no more than four dwelling units per building. Amendments to Section 13: Architectural Standards Standards : Module II (Sec. 13.2): No accessory buildings will be permitted in any area developed as Garden Home. 03 -04 -2014 Minutes Page -l0- All commercial buildings shall have a front fagade that is at least 50% masonry and all other fagades shall be at least 25% masonry. Outside Patio, Dinine Areas, and Common Areas (Commercial) (Sec 13 2 4 1): Outside patios and dining areas area permitted in areas designated for commercial development. Staff recommends approval of the amendment request based on the compliance with the Comprehensive Land Use Plan and consistency with the existing PDD - Master Plan adopted with Ordinance 12 -S -16. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Mr. Robert Brockman, 1000 Elbel Road, who inquired as to whether the garden homes had any garages. He was concerned there may not be sufficient parking in the area for the residents. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter invited staff to come forward to answer Mr. Brockman's question. Senior Planner Lesa Wood stated that the garden homes are designed with a two (2) car garage as well as two spaces for driveway parking, a half space in the street and additional parking available in the courts. Mayor Carpenter recognized Councilmember Fowler who asked whether gas stations would be prohibited from doing business in the subdivision. Mr. Chris Price, President of Schertz 1518 Ltd., came forward to state that yes this would indeed prevent gas stations from coming into the area. They were looking more neighborhood type businesses such as coffee shops, restaurants, or local community cleaners. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councihnember Fowler, to approve Ordinance 14 -S -08 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried 7. Ordinance No. 14 -S -09 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code (UDC), Article 1 General Provisions. First Reading (B. James/M. Sanchez/L. Wood) The following was read into record: ORDINANCE NO. 14 -S -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 1 GENERAL PROVISION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 03 -04 -2014 Minutes Page - u - Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating as stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Based on the update to the Comprehensive Land Use Plan and changes in development it has become necessary to update the UDC. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). The public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. A public hearing was conducted at the January 8, 2014, Planning and Zoning Commission meeting where staff discussed the proposed amendments with the Commission to gain input from the Commission and receive public comment. A final public hearing was conducted at the January 22, 2014 Planning and Zoning Commission meeting and recommended approval of the following amendments: • Minor text amendments have been made to a reference to the Master Thoroughfare Plan and to refine language to be consistent with the Texas Local Government Code (LGC). This includes the elimination of the Sections related to Minimum Requirements; Effective Date; and Severability. • Sec. 21.1.4 Jurisdiction was modified in order to provide consistency with LGC as well as a list of Articles that will assist both the public and staff to understand what portions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). • Sec. 21.1.5 Consistency with the Comprehensive Land Plan (CLP) was modified to remove text that exists in the CLP to eliminate any conflict with the UDC. • Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions, a procedure to claim vested rights, obtain a determination and appeal of the decision as well as a procedure that allows the Planning and Zoning Commission to extend the vested rights expiration date. Over the last two years City Staff has had several cases where developers have requested vested rights on a project, and State Law provides landowners or developers an opportunity to vest (grandfather) regulations that apply to their project. The UDC has an existing section regarding vested rights, but the modification to include procedures and expiration dates will assist in processing an increased number of requests. Ms. Wood stated that the word "contact" has been changed to "contract" per Ms. Suarez's comment at the last P &Z meeting, and the requirement for an email address also has been removed. Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter opened it up for Council questions and comments and recognized the following: 03 -04 -2014 Minutes Page -12- Councilmember Fowler who also asked if Legal Counsel had reviewed the ordinance. City Attorney Charles Zech stated that he would look at all the ordinances before final reading. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councilmember John, to approve Ordinance 14 -S -09 on first reading contingent upon Legal Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 8. Ordinance No. 14 -5 -10 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, (UDC) Article 3, Boards, Commissions and Committees. First Reading (B. James/M. Sanchez/L. Wood) The following was read into record: ORDINANCE NO. 14 -8-10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 3 BOARDS, COMMISSIONS AND COMMITTEES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that there are changes and updates to Article 3 of the UDC with the following points: • Article 3 • Updated language in Article 3 to provide consistency and clarity throughout the Article • Article 21.3.1 General Provision • Deleted Implied Authority • Relocated Authority Granted from each applicable section and placed in the General Provision • Article 21.3.3 Planning and Zoning Commission o Deleted Structure and Operations Procedures • Article 21.3.4 Board of Adjustment o Deleted items that are covered in the BOA by -laws and covered in State Law (LGC) • Article 21.3.5 Administrative Authority - o Updated to authorize Staff to make the determination of whether a property must be platted and provide a certificate of determination (letter) to the property owner (LGC 212.0115) • Article 21.3.6 Other Boards, Commissions and Committees o Updated to be consistent with City Charter and Board by -laws As stated in the UDC, City Council from time to time may amend, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It 03 -04 -2014 Minutes Page - 13 - is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. This amendment was drafted by Planning Staff and reviewed by the City Attorney (Katherine Tapley, Norton Rose Fulbright). A public hearing was conducted at the January 8, 2014 Planning and Zoning Commission meeting where Staff discussed the proposed amendments with the Commission to gain their input and receive public comment on the proposed amendments: • Text amendments were made to Article 3 in order to provide consistency with the City Charter and with each Board, Committee and Commission by -laws. • Minor text amendments have been made to correct the title of Transportation Safety Advisory Commission (TSAC). Staff recommends approving the amendment to the Unified Development Code (UDC), Article 3 — Boards, Commissions and Committees as presented. Mayor Carpenter opened the public hearing and recognized the following who spoke: Mayor Carpenter recognized Mr. Brockman who stated that the Senior Center was trying to develop a set of bylaws and a member recommended they have alternate board members. They chose not to do this. Mr. Brockman said he doesn't know how Council feels about having alternates on all their boards, but it is a concern of his. As no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Councilmember Fowler, who moved, seconded by Councihnember Edwards, to approve Ordinance 14 -S -10 on first reading, contingent upon Legal Counsel Review. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. 9. Ordinance No. 14 -5 -11 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, UDC Article 16 Definitions specifically the definition lot of record. First Reading (B. James/M. Sanchez/L. Wood) The following was read into record: ORDINANCE NO. 14 -S -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 16 DEFINITIONS SPECIFICALLY THE DEFINITION "LOT OF RECORD'; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE 03 -04 -2014 Minutes Page -14- Mayor Carpenter recognized Senior Planner Lesa Wood who introduced this item stating that as stated in the UDC, City Council from time to time may make amendments, change or modify text to any portion of the UDC to establish and maintain sound stable and desirable development. It is generally considered good practice to periodically review and update the development regulations due to changing conditions, community goals and State and Federal regulations. Staff is proposing a text amendment to the definition for "Lot of Record" to clarify the definition to ensure that Commercial or Residential building permits are issued for legally platted tracts of land. The current definition allows a property owner of a tract of land to be issued a building permit on an unplatted lot. Proposed amendments include: Current definition (Ordinance 11 -S -15): Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County; or a parcel of land, the deed of which was recorded in the office of the County Clerk of Guadalupe, Bexar or Comal County. Proposed definition: Lot of record: A lot which is part of a subdivision, the plat having been duly approved by the appropriate authority and recorded in the office of the County recorder of deeds and records. Ms. Wood stated the public hearing notice was published in "The Daily Commercial Recorder" and the "Herald" on February 14, 2014. Staff recommends approving Ordinance No. 14 -S -11 on first reading amending the UDC, Article 16 Definitions. Mayor Carpenter opened the public hearing and as no one else spoke, Mayor Carpenter closed the public hearing. Mayor Carpenter opened it up for Council questions and comments and recognized the following: Councilmember Fowler asked for clarification on a lot being a part of a subdivision and does that include commercial lots as well. Senior Planner Lisa Wood explained that in most cases, a subdivision is a piece of property platted out into a variety of lots by a developer but that a commercial lot can be a subdivision in itself as platted. Mayor Carpenter recognized Councilmember Edwards, who moved, seconded by Councilmember Duke, to approve Ordinance 14 -S -11 on first reading. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, John, Edwards and Duke voting yes and no one voting no. Motion Carried. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 9. Requests and Announcements 03 -04 -2014 Minutes Page - 15 - 10. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Carpenter recognized City Manager John Kessel who stated he wished to recognize staff members Lisa Wood, Kyle Gaertner, and Chuck Van Zandt who made presentations this evening. Mr. Kessel stated that they have worked very hard to get where they are and the accomplishments they have made. They are not executive directors or department heads but there efforts and excellence in their work is worthy of recognition. 11. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Duke stated he has been approached by several residents regarding recent episodes of vandalism on some signs in the community parks. He requested that staff provide a presentation on any future plans in the works regarding lighting for these areas. Mayor Carpenter suggested the end of March for delivery of this item on the agenda. 12. 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 Scagliola who stated he attended the following events: • Thursday, February, 27, City Council Retreat Workshop Meeting at the Fairfield Inn Mayor Carpenter recognized Councilmember Fowler who stated he attended the following events: • Thursday, February, 27, City Council Retreat Workshop Meeting at the Fairfield Inn Executive Session There was no Executive Session. Adiournment As there was no further business, the meeting was adjourned at 7:36 p.m. l Mayor, Michael R. Carpenter 03 -04 -2014 Minutes Page - 16 - ATTEST: 1 ity Secretary, Brenda Dennis 03 -04 -2014 Minutes Page -17-