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11-12-2014 MinutesMINUTES SPECIAL MEETING November 12, 2014 A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 12, 2014, at 6:30 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 Jim Fowler Councilmember Cedric Edwards Councilmember Grumpy Azzoz (Incoming) Staff Present: Deputy City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Call to Order Mayor Pro -Tem Daryl John Councilmember David Scagliola (Outgoing) Councilmember Matthew Duke City Manager John Kessel Executive Director Brian James City Attorney Habib Erkan Jr. Deputy City Secretary Donna Schmoekel Mayor Carpenter called the meeting to order at 6:30 p.m. Invocation and Pledizes of Allegiance to the Flags of the United States and the State of Texas (Mayor Pro -Tem John) Mayor Pro -Tem John provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. 1. Resolution No. 14 -R -91— Consideration and/or action approving a Resolution approving the Official Canvass of the November 4, 2014, Returns and Declaring the Results of the Election; and other matters in connection therewith (Mayor Carpenter /B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following information regarding the Official Canvass of the November 4, 2014, Election: 11 -12 -2014 Minutes Page - 1 - Coma[ /Guadalupe County Total ED Votes 1804 5537 677 1885 1618 4731 681 2206 Bexar Bexar Comal /Guadalupe County County County EV EV ED Mayor Michael R. Carpenter 140 92 3501 Steve White 57 39 1112 Place 1 Jim Fowler 111 80 2922 Bert Crawford 64 47 1414 11 -12 -2014 Minutes Page - 1 - Coma[ /Guadalupe County Total ED Votes 1804 5537 677 1885 1618 4731 681 2206 Place 2 Grumpy Azzoz 75 49 2215 1294 3633 David L. Scagliola 101 73 2257 1087 3518 Ms. Dennis stated as a result of the election that: Michael R. Carpenter Jim Fowler Grumpy Azzoz Is hereby declared elected to the Office of Mayor. Is hereby declared elected to the Office of Councilmember Place 1. Is hereby declared elected to the Office of Councilmember Place 2. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Resolution No. 14 -R -91. Mayor Carpenter recognized Councilmember Edwards who stated he wanted to withdraw his second and ask Councilmember Fowler if he would also withdraw his motion in order to allow our departing member of council, Mr. Scagliola, to make this motion. Councilmember Fowler agreed and withdrew his motion. Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 14 -R -91. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Scagliola, Edwards and Duke voting yes and no one voting no. Motion passed. Mayor Carpenter stated that before proceeding further into the meeting he wanted to give Councilmember Scagliola an opportunity to share some comments. Mr. Scagliola stated he always jokes that he came from a broken family; his dad was a democrat and his mom was a republican. He likes to think he, inherited the best from both parties but some people think that he inherited the worst from both. He remembered a conversation he had with his dad shortly after he was elected. His dad said, "All politicians are just a bunch of `donkeys', (but he used the other name). He told his dad that he was an elected official so what did that make him. His Dad replied, `Don't make me repeat myself.' He may have been joking, but there is often considerable truth that is made in jest. When it comes to our parents sometimes we are motivated to justify their confidence in us and at other times to prove to them that they are wrong. As a new politician, maybe that was his goal. A lot of friends have expressed their sympathy that he lost and he appreciates those sentiments but he would rather focus on what he has gained. He got over 3,500 votes, more supporters and friends than he has ever gotten in any prior election. He has had the honor of representing the residents of Schertz for over eight years. He has learned so much about the political process. The biggest problem in this city is that we have so many professional hardworking, dedicated people in the administration of this city that they make what they do look easy. Because they make it look easy, some people think it 11 -12 -2014 Minutes Page - 2 - is; but it isn't. He has learned a lot about leadership during this time. Leadership is not about power, it is about influence. It is about passion and compassion. He has learned that if you take care of your people, they will take care of you. You can't build yourself up by tearing others down. There is no `I' in `team', but there is an `I' in `winning'. As a team we have had an amazing winning streak, but no matter how good you are, you can't win them all. He can accept this election outcome because he ran an ethical campaign and gave it an honest effort. Could he have done more? Yes, perhaps so. Playing politics is not his style. He is not the type to announce his presence when he enters a room. He is actually not comfortable being under the microscope as the center of attention. He doesn't do PC. He would rather tell people what they need to know rather than what they want to hear. He doesn't make promises he can't keep. He prefers substance over symbolism and he doesn't care who gets the credit as long as the work gets done. In other words, he is not a typical politician. However, he is leaving with his integrity intact, which brings him back to his dad. He knows his dad loved him and was proud of him. Did he change his dad's view on politics and politicians? He intends to ask him some day. His dad died three years ago so he won't have that conversation any time soon because he isn't going anywhere anytime soon. This election signaled an end, but it isn't `The End'; just the end of a chapter. As he turns the page on his life's journey, that journey continues. He is not certain where it will end, but he doesn't look so much at the destination but rather in enjoying the journey along the way. "Ladies and Gentlemen, Friends and Supporters, hey, thanks for the adventure, it's been a great ride. If you need me, I'll be around. Give me a call. Thank you so very much." Mayor Carpenter read and presented a proclamation to Councilmember Scagliola honoring his service and time to this city. A. Newly Elected Officers — Oath of Office. (B. Dennis) B. Certificate of Election — Presentation of Certificate of Election. (Mayor Carpenter) City Secretary Brenda Dennis read the oaths of office to Councilmembers Jim Fowler, Grumpy Azzoz, and Mayor Michael Carpenter. Mayor Carpenter stated that before continuing with the agenda, each newly elected official could say a few words. Council-member Fowler stated that he and Mr. Scagliola came on together at the same time and helped each other in the election process of campaigning. After that their relationship was very professional and when they sat on the dais together they did not always agree, but that is the way it should be. Once an agreement was made on a majority vote, they never held it against each other. They had a job to do. The city has grown from about 26 thousand to about 36 thousand and major changes have taken place. When City Manager Mr. Kessel was brought on, he was told council wanted him to take our city to the next level. He feels the transition period is almost complete but we still are working on the mentality that we are no longer a small town. 11 -12 -2014 Minutes Page - 3 - This is what he wants to see completed in the next two years; that the maturity of our city moves forward to the thinking of being a middle or even large size city in thought and deed and efficiency and the way we plan. If he can help accomplish that, he will consider his term of service as a councilmember a success. Councilmember Azzoz thanked everyone who voted for him and for those who voted for former Councihnember Scagliola. He will always keep the promise and what he promised he would do. He stated he would work with each and every one of his colleagues to do what is right for the city. He thanked Mr. Scagliola for his eight years of service. There is no winner or loser; he will still contribute to the city. To everyone that voted for him and Mr. Scagliola, he promises to do all he can to protect the employees, the residents, the businesses and the integrity of Schertz. He wanted to assure his colleagues he is not difficult to work with and he is very straightforward. He wants to be a part of this group. He thanked his wife for putting up with all his late hours. Tonight he is wearing something very special. Before former Mayor Hal Baldwin passed away, he wanted Mr. Azzoz to have his flag pin and today his family brought it to him. Mayor Baldwin was always proud of his city and Councihnember Azzoz intends to do likewise. Mayor Carpenter stated he wanted to thank all the residents of Schertz for allowing himself to serve the city for another two years. He will continue to give his fall effort to the package. The city is a great place and it is our responsibility and job to make sure it continues that way. His Mom is here tonight. She taught him to read before he even started kindergarten. It was a great gift and he continues to read voraciously. He believes he would not have accomplished what he has in life had it not been for those many hours of teaching from her. He thanked his wife for her patience and allowing him to do this as well as his sons; they all have his love and gratitude. Mayor Carpenter recessed the meeting at 7:00 p.m. to allow the newly elected officials to visit with family and friends and take photos. Mayor Carpenter reconvened into regular session at 7:15 p.m. Cate Events and Announcements • Announcements of upcoming City Events (J. Bierschwale /B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who provided the following announcements: Thursday, November 13, 2014, Northeast Partnership Meeting, Olympia Hills Golf Course and Conference Center, 11:30 a.m. Thursday, November 27, 2014, Schertz Turkey Trot, Bluebonnet Palace on Lookout Road, 7:00 a.m. 11 -12 -2014 Minutes Page - 4 - Friday, December 5, 2014, Festival of Angels Parade, Hal Baldwin Municipal Complex, 6:00 p.m. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated that he had two things. First, on behalf of himself and city staff, congratulations to the newly elected officials; they are looking forward to a good year. There is a work retreat coming up next month. He also welcomed new councibnember Grumpy Azzoz on board as the newest councilmember. The second thing is that a number of the city staffers are growing mustaches now. Staff Member Bryce Cox has challenged all of the city staff to grow a mustache in November to help raise awareness for men's health issues. There are several different prize categories. Mr. Kessel also passed out to council some wrist bands in general support of raising awareness of cancer and men's health. Hearing of Residents: Mayor Carpenter recognized the following who spoke: Miss Morgan Russell who stated she came to them a few weeks ago to talk about her project at the library, the StoryWalk, which is posting pages of children's books on a permanent sign for kids to read as they walk to promote physical activities and reading. Her project is now complete and they have raised $4,300 and paid for eight separate books to rotate out. The grand opening ceremony is on Sunday, November 16, 2014 at 2:00 p.m. and everyone is invited. She stated her mom and dad were here tonight along with her mentor, Library Director Melissa Uhlhorn. Also, her dad recently was elected to District 5, Cibolo City Council. Ms. Maggie Titterington who stated this Friday, November 14, the Schertz Chamber will be having their awards banquet, from 6:00 p.m. to 10:30 p.m. They will also be recognizing the small and big businesses of the year. There is one ticket left. On December 1 there will be a ribbon cutting for Fox's Pizza at 3:00 p.m. On December 2 they will host the last chamber luncheon of the year where they will be awarding the DECA scholarships for Steele and Clemens high school students. There will also be a speaker on taxes present. Hampton Inn and Suites will be hosting a mixer on Friday, December 4 from 5:30 -7:00 p.m. On January 31, 2015, from 11:00 a.m. to 3:00 p.m. there will be a Health and Wholeness Fair at the Schertz Civic Center. The chamber is partnering again with the City of Schertz to host this event. They are already 65% sold out on the vendor booths. Discussion and Action Items 2. Minutes — Approve the minutes of the regular meeting of October 28, 2014. (J. Kessel/B. Dennis) 11 -12 -2014 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve the minutes of the regular meeting of October 28, 2014. The vote was 4 -0 -1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards and Duke voting yes and Councilmember Azzoz abstaining. Motion passed. 3. Ordinance No. 14 -M -46— Consideration and /or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure; repealing all Ordinances or parts of ordinances in conflict with the Ordinance. Final Reading (Mayor /Council) The following was read into record: ORDINANCE NO. 14 -M -46 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE There were no questions or discussion from Council. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve Ordinance No. 14 -M -46, final reading. The vote was 4 -0 -1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards and Duke voting yes and Councilmember Azzoz abstaining. Motion passed. 4. Ordinance No. 14 -S -47- Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed Use Zoning District. First Reading (B. James/B. James) Mayor Carpenter recognized Executive Director of Development Services Brian James who stated that what they want to do is make it easier for individuals who own property along Main Street to redevelop and invest in their property. These properties are in the flood plain and located in the older part of Schertz and a lot of these structures were built as houses but are now being used for commercial businesses. The current Unified Development Code (UDC) does not contain a zoning district that fits well with these circumstances. We want to make some modifications to our code by creating a new zoning district that allows some flexibility. This is not changing anyone's zoning; we are just adding a new category to the UDC. This change will then allow those owners to come in and request rezoning to this new district that might give them more use options with their property. What we have done is modify some dimensional requirements, reduced the minimum lot size to 5,000 square feet, reduced the width to 50 feet, depth to 100 feet, and adjusted some of the setbacks. We are also recommending we modify the parking requirements. Main Street is fairly wide and people park on it now so we will still require handicapped spaces on site but they can utilize the on- street parking for their 11 -12 -2014 Minutes Page - 6 - facility as well. We want to also modify some of the use charts to allow more flexibility with commercial and/or residential uses. We are simply expanding options going forward. There are other things we will need to do later, such as the main street bond projects, and the historic grant program. This is really just a first step of a series of things that we need to address. Mayor Carpenter opened the public hearing. Maggie Titterington came forward and stated that the Chamber of Commerce is in favor of this recommendation and they like the options it offers. It is not changing the zoning but allowing flexibility for the property owners and businesses. She knows of two businesses that this will directly affect and it would allow one of them to maintain their business by allowing them to move into a more suitable building. They fully support this and commend Development Services for bringing this forward for approval. As there were no other speakers, Mayor Carpenter closed the public hearing. Mayor Carpenter recognized Councilmember Edwards who asked if the business(s) would still have to come in for the permitting process as they do now. Mr. James said yes, they would still need to come in to complete the certificate of occupancy process. Councilmember Edwards asked about possible complications with designating parking spaces. Mr. James stated that right now we are not going to deal with that. When we get into the bond project this will be addressed and consideration will be given to creating bump outs at the ends to identify parking spaces, stripe those spaces, and possibly make them a little longer for easier navigation room. Mr. Edwards asked if we would have continuity going down the entire length of Main Street and is this just for Main Street, not any other street. The answer was yes, continuity would be exercised and for now the project is only for Main Street. However, if other areas of the city come forward and ask for assistance and other options, we can address those as they come up. Again, this is not a be -all, end -all solution. The comprehensive plan update has a series of things we need to do which will have to happen over time. One of those will be to look at those buildings that are different and decide what is appropriate for them. Going forward we will be making other adjustments for unique situations. Also, there are other outlets such as the Board of Adjustments to address variances. This is our first step and we will be monitoring it as we go forward. Mayor Carpenter recognized Councilmember Azzoz who asked if by `transfer' he means they can take a residential building and make it a commercial facility. Mr. James said yes that this district will allow both a business and a single family use. The Guadalupe County Appraisal District is responsible for the `taxing' of the appropriate usage. Another thing to keep in mind is that changing from a residence to a business includes restroom modifications to meet ADA requirements which are more costly than when a business structure reverts back to being a residential home. We can't say for sure what will happen twenty years from now, but the code we are passing now allows the flexibility of operating as a business or using the facility as a residence. However, council 11 -12 -2014 Minutes Page - 7 - could amend this code again at any time to take out the option of also allowing a single family residence use. Mayor Carpenter recognized Councilmember Fowler who asked about the lot size. If a property owner puts in a paved parking lot in the front yard and then wants to convert the building back to a residence, would they have to remove the pavement. Mr. James said that it could stay that way and actually would probably be too costly to remove. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Ordinance No. 14 -5 -47, first reading. The vote was unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of items 1 through 4. Requests and Announcements 5. Announcements by City Manager o Citizen Kudos o Recognition of City employee actions o New Departmental initiatives No further announcements were made. 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Edwards who stated he attended the Veterans Memorial Plaza Dedication this past Tuesday and the audio visual equipment was extremely poor. He could not hear a word of what was said and he suggested we look to see if we can find some wind proof microphones to purchase. He does not want to see that happen again. Mr. Kessel stated that staff will look into what options we have. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Carpenter recognized Councilmember Fowler who stated that several weeks ago we discovered there was an issue in regard to having a mobile food truck in the area. He would like to know what our status is in developing that opportunity. Mr. Kessel said that staff would research it and get a full report back to council. 8. Announcements by Mayor and Councilmembers o City and community events attended and to be attended 11 -12 -2014 Minutes Page - 8 - • 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 Councilmember Edwards who stated he attended the following: • Tuesday, November 11, 2014, Veterans Memorial Plaza Dedication • Friday, November 7, 2014, Hal Baldwin Golf Scholarship Mayor Carpenter recognized Councilmember Duke who stated he attended the following: • Saturday, November 8, 2014, Junior Achievement Physically Fit 5K Run Mayor Carpenter recognized Councilmember Fowler who just wanted to mention that the Knights of Columbus folks were planning on serving lemonade and cookies at the Veterans Memorial Plaza Dedication on Tuesday. When the temperature dropped suddenly they quickly changed from offering lemonade to coffee to the attendees. He appreciated the way they handled that. He just wanted to thank them. Adiournment As there was no further business, the meeting was adjourned at 7-54p. m, Michael R. Carpenter, Mayor ATTEST: L '�Jt��s Donna Schmoekel, Deputy City Secretary 11 -12 -2014 Minutes Page - 9 -