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10-10-2017 MinutesMRI UTES REGULAR MEETING October 10, 2017 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 10, 2017, at 6 :00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Dan Santee City Secretary Brenda Dennis Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember Robin Thompson Councilmember Bert Crawford City Manager John Kessel Executive Director Dudley Wait Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order. at 6:00 p.m. Opening Prayer and PledLyes of Allel4iance to the FlaLys of the United States and State of Texas. (Mayor Pro -Tem Edwards) Mayor Pro -Tem Edwards provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Cily Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: Saturday, October 7tn — Sunday, October 22nd City of Schertz Annual Fall Clean -Up 1120 FM 1518 Free of charge to Schertz residents during the designated time frame. For more information contact 619 -1800 or 619 -1000. Tuesday, October 7, 2017 No City Council meeting — next one is Tuesday, October 24, 2017 at 6:00 p.m. Saturday, October 21St Local Author Fair 1:00 pm — 3:00 pm, Schertz Library 10 -10 -2017 Minutes Page - 1 - The library will host its second local author fair on Saturday, October 21" from 1 -3 PM. This event will showcase approximately 10 -12 local area, published authors, representing both youth and adult literature. Selected authors will share a little about their work and themselves. Attendees will have the opportunity to visit with and purchase books from the authors. Contact the Adult Services Librarian, Lizzie Betoia at 619 -1725 for more information. Thursday, October 26' Simonson Volunteer Appreciation Dinner 6:30 pm, Schertz Civic Center Friday, Saturday and Sunday, October 271 -29th Skylight Balloon Fest River City Community Church Grounds, 16765 Lookout Road, Selma, TX. This family friendly event features competitions, tethered balloon rides, food trucks, trackless train rides, vendors and musical concerts. Contact the Chamber at 619 -1950 for more information. Saturday, October 28, 2017 — Trunk or Treat and Movie in Park, begins at 5:00 p.m. Pickrell Park. ® Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who wanted to recognize our Web Design Team known as the "Web Platform Project Team ". They have recently rolled out the new website which has been live since 10 a.m. this morning. Mr. Kessel encouraged everyone to take a look at it. It is much more functional and has better navigability for the end user. The team was led by IT Director Myles Clauser and involved Tony McFalls, Natalie Shults, Linda Klepper, Melissa Geedman, Ray Nichols and James Walters. They started this project in September 2016. The project was finished on time and on budget and now the team is currently working on phase 2. Mr. Kessel congratulated all the team members stating it was a lot of work. Proclamation ® Proclamation recognizing Domestic Violence Awareness Month. (Mayor Carpenter/N. Solis - Douglass) Mayor Carpenter recognized Regional Crime Victim Liaison Nicole Solis - Douglass and Aston Story with the Guadalupe Valley Family Violence Shelter who accepted the proclamation. Ms. Douglass thanked the city for their continued support and invited Council to their annual Candlelight Vigil, October 25, 2017, 6:00 p.m. at the Pickrell Park small pavilion. ® Proclamation recognizing Fire Prevention Week. (Mayor Carpenter/K. Long) 10 -10 -2017 Minutes Page - 2 - Mayor Carpenter recognized Fire Chief Dade Long and Fire Marshall John Perry who accepted cepted the proclamation. Chief Long indicated that during the month of October the Fire Department-is recognizing Fire Prevention. Mayor Carpenter recognized each department head who introduced their new staff member(s) provided a brief bio on each one. New employees expressed their appreciation. Mayor Councilmembers welcomed them all aboard. I L4, o ' , - , " I I I 111 !1 � MM MEM 1. City Council will meet in closed session under Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment of a City Prosecutor. ii ON 1119 WIN I SOMEWHERE WORSHIP!! F. III I I I' H 1 11 11 111, PER a � I � � 1 11 1 Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Thompson to appoint Mr. Floyd Akers effective immediately. The vote was 6-1-0 with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser and Crawford voting for and Councilmember Larson voting no. Motion passed. M!"TOrt-11, I 10 -10 -2017 Minutes Page - 3 - ® Mr. John Sellers, 1068 Williamsburg, who thanked those who attended and assisted in their first Friends 4 Fischer House fundraiser car show and food truck showdown. He stated that he is looking forward to working with staff for the next year's event. ® Mr. Roger Booker, 11901 Trail Hill Lane, who stated he has lived in Schertz for some time and he is here tonight to let Council know he is not happy with what is going on in the City. He spoke regarding a Councilmember's recent Facebook post and his use of the `N' word at the September 12'h meeting. He personally has a problem with this and has a problem with the City Council not holding him responsible for his actions. He believes that not doing this makes the council look untrusting. Mr. Booker provided three examples of individuals who used or did inappropriate things and were fired. Mr. Booker spoke on accountability and believes there is none in this situation. Mr. Booker stated he sent a letter to the Mayor and received no response. Again, Mi. Booker believes that Council needs to hold Councilmember Thompson accountable. ® Ms. Maggie Titterington, The Chamber President, who mentioned tomorrow evening is the `Meet the Candidates' event for the City of Schertz and the School District. The event will be held at the Schertz Civic Center from 6:00 p.m. to 7:30 p.m. The event will be moderated by Tim Brown of Re/Max Realtors. Ms. Titterington provided an update regarding the Lower Valley School building currently located at Northeast Lakeview College. They had it transferred to them because the intent was to utilize the building as an educational facility. She stated that this was the first school house for Schertz - Cibolo- Marion students. The Lower Valley School House Committee, of which she was a part of for 7 years, have decided to sunset the project. They have been unable to raise the funds needed to renovate the building to be usable as an education tool for 4th graders to come visit, which was the original intent. The college is unable to expend any more funds on it and have already expended over $300,000. The committee raised about $150,000, which was used to get rid of the lead paint and asbestos. The original project was quoted at $800,000 to get it up and running and they can't do that. The community has not supported it and they have exhausted all other efforts. They are now salvaging the items that were inside, which many have deteriorated due to being stored in a container that was not climate controlled. She stated she is working with the SCUCISD and NLC to have them secure an inter -local agreement that will release the artifacts into the possession of the school. From that point, she has requested several items for the Visitors Center so that she can help keep alive the memory of the former teachers, Mr. &Mrs. Watts, and what was the first original school in our area. ® Mr. David Scagliola, 3418 Foxbriar Lane, who provided commentary on why he is running for City Council Place 5. He also provided examples of things that were accomplished when he was on City Council while working as a team with the other members. He stated we have a lot of challenges and opportunities ahead of us. His thinking is if we work as a team starting with the City Council, City Staff, residents, SCUCISD, Business Community and if we work as a team based on mutual respect and 10 -10 -2017 Minutes Page - 4 - trust, our glory days are yet to come. He wants to be part of that team. He asked for support as he is running for City Council. Presentation ® Presentation regarding the upcoming November 7, 2017 Election. (B. Dennis) Mayor Carpenter recognized City Secretary Brenda Dennis who provided an update of the upcoming local election regarding locations, dates and times for early voting and election day in Comal, Guadalupe and Bexar counties. She also provided new information being rolled out by the Guadalupe Election Administrator regarding election day vote centers. Ms. Dennis addressed questions from Council and stated that all this information can be found on the city website or call the City Secretary's office if there are other questions. Presentation by Animal Services regarding recent coyote sightings. (D. Wait/D. Hernandez/L. Tschirhart-Heji) Mayor Carpenter recognized Executive Director Dudley Wait who introduced Ms. Debbie Hernandez. He stated that Debbie has been with the Animal Services Department for nine (9) years, and with the recent departure of our Animal Services Manager we made her the Interim Manager and she has been doing an excellent job. Mr. Wait stated that a couple of months ago as social media information started popping up about coyotes with a higher presence in our community, he turned to Ms. Hernandez and said here is a problem, please go solve it. Ms. Hernandez did a ton of research and has arranged for a special guest speaker here this evening to provide some information. Mayor Carpenter recognized Interim Animal Services Manager Debbie Hernandez who provided some brief tips of information regarding coyotes and safe awareness practices. She then introduced Ms. Linda Tschirhart-Heji, who works with Texas Wildlife Services that deals with wildlife management. She referenced the handout developed by the Schertz Animal Services Department to provide to inquiring citizens. Ms. Tschirhart-Heji, stated by simply removing food, shelter and water, this would alleviate the majority of the wildlife sightings. Coyotes are adaptable to their surroundings and move as needed, but they also have gotten used to people. She provided information about the lethal methods used when non - lethal methods don't work. Her recommendation is to educate the public regarding coyotes by getting rid of food sources, keep lids on trash cans, keep a close eye on your children and pets. When walking your pet, keep a walking stick with you to protect yourself and make yourself appear bigger. Keep rocks in your pocket to throw at them and if you see an aggressive coyote, call the police department. Learn ways to co -exist with coyotes. • Update on the progress of the new city website design. (M. Clauser /B. James) Mayor Carpenter recognized IT Director Myles Clauser who provided information on the launch of the new city's website. He `mentioned that he and a team of employees have 10 -10 -2017 Minutes Page - 5 - been working on this for over a year. Mr. Clauser stated that as more of the staff becomes tech savvy they will be able to update their own content and not have to rely so much on the IT staff or Public Affairs staff. Mr. Clauser gave a shout out to the team. He stated it truly was a team effort and the results are a quality product. Mayor and Council provided their comments regarding the new website and Mr. Clauser addressed their questions. The Mayor and Council congratulated the team on the new website results. Consent Agenda Items The Consent Agenda is considered self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. 2. Minutes — Approval of the minutes of the Regular Meeting of September 26, 2017. (J. Kessel/B. Dennis) 3. Ordinance No. 17 -K -37 — Consideration and/or action approving an Ordinance releasing and terminating a drainage easement on Lots 1 -5, Block 3 and Lots 1 -7 Block 2 of the Mesa Oaks Subdivision. Final Reading (B. James /L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 17 -K -37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, RELEASING AND TERMINATING A DRAINAGE EASEMENT ON LOTS 1 -5, BLOCK 3 AND LOTS 1 -7, BLOCK 2 OF THE MESA OAKS SUBDIVISION; AND ESTABLISHING AN EFFECTIVE DATE HEREOF Mayor Carpenter recognized Councilmember Davis who moved, seconded by Councilmember Crawford to approve consent agenda items 2 and 3. The vote was unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter stated that we have public hearings on Items 4 through 8. He stated that the normal way is, we have staff come before us and give a brief presentation on each item, we open the public hearing for comments and then close the public hearing for Council comments. Mayor Carpenter stated that he would like staff to give a brief presentation on each one, as most of the information is already in the council packets. Mayor Carpenter requested staff walk through each one as they all are related and then we can address questions during the public hearing. 10 -10 -2017 Minutes Page - 6 - Discussion Items 4. Ordinance No. 17 -S -39 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 1 General Provisions. First Reading (B. James /L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 17 -S -39 Mayor Carpenter recognized Director of Planning & Community Development Lesa Wood and Planner Emily Grobe who walked the Council through the proposed changes to Article 1. As stated in the UDC, City Council from time to time, on its own motion, or at the recommendation of City Staff, make amendments and may change or modify text to any portion of the UDC to establish and maintain sound, stable and desirable development. It is considered good practice to periodically review 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 practices, staff is recommending updates to the UDC. Over the last couple of years planning staff has been gathering information, preparing revisions to the UDC and coordinating review of the document with legal counsel. At the beginning of 2017 staff began preparing amendments to Article 1. The majority of the proposed amendments provide clarification and eliminate unnecessary language. Additionally, updates to this Article have been made to expand upon the Vested Rights provision and add language associated with the City of Schertz Planning and Community Development Department — Planning Division, Development Manual and the Public Works Specification Manual. This amendment was drafted by Planning Staff and reviewed by the City Attorney. A Public hearing notice was published in the San Antonio Express News on September 20, 2017. PROPOSED AMENDMENTS: 10 -10 -2017 Minutes Page - 7 - • 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 (TLGC). 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 the LGC and to add a list of Articles to clearly indicate which provisions of the UDC apply to properties located in the Extraterritorial Jurisdiction (ETJ). • Sec. 21.1.5 Consistency with the Comprehensive Land Use Plan (CLUP) was modified to simply note that the UDC is intended to implement the goals and objectives of the CLUP. The change removes text that quotes sections of the CLUP to eliminate any potential conflict with the UDC and emphasize the important aspect of this Section. • Sec. 21.1.6 Vested Rights "Issuance of Local Permits" was modified to include definitions, outline a procedure to claim vested rights, requirements to obtain a determination, and provide property owners the right to appeal the determination to the City Council. Over the last few years City Staff has had several cases where developers have requested vested rights based on provisions in the LGC that 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 with the increased requests the modification to include procedures and expiration dates will assist in processing a request. The inclusion of the expiration dates is intended to ensure compliance with the LGC while not extending vested rights beyond what is required in the LGC. Mayor Carpenter recognized Mayor Pro -Tem Edwards who called for a Point of Privilege and stated that we had just witnessed something that happened in Cibolo where they sped through something; he requested that we go back and do this the correct way. He understands staff going over the highlights but believes that we need to go through the whole process. It would not be fair to the citizens, the people in the audience. He believes that we need to go through this thoroughly. Mayor Carpenter stated that unless there is objection from Council, Mayor Carpenter recognized Councilmember Larson who agreed with Mayor Pro -Tem Edwards that Council should have individual considerations. As there were no objections Mayor Carpenter recognized staff who recapped Article 1 amendments, noting the changes. Mayor Carpenter opened the public hearing and as no one spoke, closed the public hearing for Council comments. Mayor Carpenter recognized Councilmember Larson who aked for clarification regarding the vested rights, changes made were for clarifying procedures and not changing vested rights or changes in fees. Staff concurred, stating the only change that is the most substance is that we have expiration dates on projects. The Local Government Code allows for that provision and we did not. This helps the developer to understand where 10 -10 -2017 Minutes Page - 8 - their vested rights are and gives them a deadline date. Ms. Wood further explained the vested rights portion change. Mayor Carpenter recognized Councilmember Larson who wanted to know for clarification regarding the vested rights, that there are no changes in the fees; staff concurred. Mayor Carpenter recognized Councilmember Davis who asked if the redline was available; staff indicated that they could provide this, but it might serve Council well to come in and meet with staff so that they can go over the proposed changes with our current UDC as the changes are so substantial. Councilmember Crawford asked if Council could have what was presented to Planning and Zoning. Executive Director Brian James stated that council could certainly watch the video which is on our website. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Kiser to approve Ordinance No. 17 -S -39 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 5. Ordinance No. 17 -S -40 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, Article 3 Boards, Commissions and Committees and associated updates in UDC Articles 4, 8, 9, 11 & 14. First Reading (B. James /L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 17 -S -40 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 AND ASSOCIATED UPDATES IN UDC ARTICLES 4, 8, 9, 11 & 14; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Planner Emily Grobe who stated staff has been in the process of gathering information to prepare revisions to the UDC and then review of the document with legal counsel. Full review and drafting of the amendment began in early 2017. The proposed amendments provide clarification to language and include the creation of a new board, the `Building and Standards Commission'. This will provide an appropriate outlet for applicants requesting review of a building code item, appealing a decision of the 10 -10 -2017 Minutes Page - 9 - Fire Marshal or Chief or the Building Official and to review and take actions on buildings found to be in violation of a city ordinance or one deemed to be a public nuisance. Additionally, items previously heard by the Board of Adjustments that were not true zoning items can now be heard by a more appropriate board. Generally speaking, a lot of language was cleaned up for clarity, simplified, updated, and relocated more appropriately to their proper section(s). They created Section 22.3.6.D: Building and Standards Commission, who would hear cases relative to ordinance violations, building or fire code. Mayor Carpenter opened the public hearing. As no one spoke, Mayor Carpenter closed the public hearing. Ms. Grobe and Executive Director Brian James answered questions from Council. Mr. James also added that they would begin furnishing Council a short synopsis of discussions of items that the various city boards are working on each month. This will be the same document furnished to the Committee of Committee's Advisory Board at their monthly_ meetings. This may help Council stay updated on what the city boards are doing. Mayor Carpenter stated he feels this is a way to give the citizens another outlet to an appropriate body to go to if they feel they have a legitimate argument to something different than what appears in the UDC. We are better serving the community in this way. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Gutierrez to approve Ordinance No. 17 -S -40 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 6. Ordinance No. 17 -S -41 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 4, Section 21.4.15 Public Infrastructure Improvement Construction Plans and Community Facility Agreements. First Reading (B. James /L. Wood/C. Gould) The following was read into record: ORDINANCE NO. 17 -S -41 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 4, SECTION 21.4.15 PUBLIC INFRASTRUCTURE IMPROVEMENTS CONSTRUCTION PLANS AND COMMUNITY FACILITIES AGREEMENTS AND ASSOCIATED UPDATES IN UDC ARTICLES 9, 12, AND 16; REPEALING ALL ORDINANCES OR PARTS 10 -10 -2017 Minutes Page -10 - Mayor Carpenter recognized Planner Channary Gould who provided a general background of information of what this section covers. Again, staff decided to update this section to provide more clarity for the end users (developers). There were some inconsistencies in the original language which they have now revised and updated. During this process staff also looked at other cities to compare their processes with what we had. This assisted them in the revision recommendations. In September this revision was brought before the Planning and Zoning Commission who voted unanimously to recommend approval to Council. Some changes include revising the term `Community Facilities Agreements' to "Improvement Agreements'. The updated current Subsection 21.4.15.13 Application Requirements and Subsection 21.4.15C Processing of Application and Decision contains several other changes regarding submittal requirements and referencing the Engineering Department. They added subsections for expirations and extensions and increased the warranty bond period from one year to two years. Minor modifications were made to clean up unnecessary language. They are recommending deleting the building permits subsection under Security for Completion of Improvements. Also, the current language does not account for possible improvement agreements that would delay certain public improvements. They added a new definition for Public Infrastructure to the Definitions Section of UDC, Article 16 along with other updates to maintenance bond and warranty bond. Mayor Carpenter opened the public hearing and as no one spoke, Mayor Carpenter closed the public hearing for Council comments. Staff answered questions from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 17 -S -41 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 7. Ordinance No. 17 -S -42 — Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III Schertz Code of Ordinances, Unified PH Development Code, Article 4, Section 21.4.3 Notice Requirements. First Reading (B. James/L. Wood/C. Gould) The following was read into record: ORDINANCE NO. 17 -S -42 10 -10 -2017 Minutes Page - 11 - Mayor Carpenter recognized Planner Channary Gould who stated the Planning Commission had requested staff research posting public hearing notice signs for zone change requests. After doing research by looking at other jurisdictions' s UDC requirements, speaking to their staff members and talking with our City's sign shop, the staff is proposing revisions to UDC Section 21.4.3 and 21.5.5.C.2. Currently they are proposing posting notices for zone change applications. Ms. Gould showed a draft version of what a sign would look like. It would cover a few essential items, such as date, time, and location. The requirements for posting would be under the Section 21.4.3 Amendment as follows: 1) Posting timeframe has to coincide with written notice deadlines. 2) Posting is to remain through the duration of Planning Commission and City Council public hearings. 3) This refers to the development Manual, which will include sign posting criteria and sign content and size criteria and 4) The applicant would be responsible for ensuring signs remain posted at the site. Under Section 21.5.4 there would also be an amendment to add a posted notice requirement for Zone Change applications. The Planning and Zoning Commission met on September 13 and voted unanimously in favor of the proposal. No additional fees are being added. Based on the city's history of zone change applications in recent years (about 46) a rough estimated annual cost for signs would be around $500. Staff recommends approval of this proposal. Mayor Carpenter opened the public hearing and the following individual(s) spoke: • Mr. Glen Outlaw, 3927 Forsyth Park, who stated the Planning and Zoning Commission initiated this and staff has been working on it for quite a while. Their concern was that often these cases do affect more than just the people located adjacent to it. They were looking for a way to make more of the public aware of what was going on. Posting these signs seemed like a good way to make folks aware as they were going in and out of their neighborhood(s). As was mentioned earlier, the vote was unanimous by the Commission. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 17 -5 -42 first reading. The vote was 10 -10 -2017 Minutes Page -12 - unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Mayor Carpenter and Mayor Pro -Tern Edwards both congratulated staff and the Planning and Zoning Commission members for a job well done. 8. Ordinance No. 17 -S -43 — Conduct a public hearing and consideration and/or action PH approving an Ordinance amending Part III Schertz Code of Ordinances, Unified Development Code, Article 14, Section 21.14.6A Sidewalks and Hike and Bike Trails — requirements. First Reading (B. James /L. Wood/E. Grobe) The following was read into record: ORDINANCE NO. 17 -S -43 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 14, SECTION 21.14.6.A SIDEWALKS AND HIKE AND BIKE TRAILS - REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Planner Emily Grobe who stated this is just one section and one paragraph being proposed for a change. This came about from a question from the Planning and Zoning Commission. The current requirement stated sidewalks shall be required along both sides of all streets throughout the City except along IH 35 and IH 10 and all lots must have access to concrete sidewalks. In an effort to promote the development of a more walkable community, staff is proposing to revise the UDC Section 21.14.6.A to remove the exemption for sidewalks along IH 35 and IH 10. The proposed new requirement would read as follows: Sidewalks shall be required along both sides of all streets throughout the City as required in Section 21.14.1. All lots must have access to sidewalks. Ms. Grobe stated that the current developments would not have to come in and do sidewalks, but any new /proposed developments would have to provide them to city specifications. Mayor Carpenter opened the public hearing and recognized Mr. John Sullivan, 513 Triple Crown, who spoke in favor of removing the exemption for sidewalks along IH 35. He encouraged Council to pass this. He feels this is good for the businesses as well. 10 -10 -2017 Minutes Page - 13 - As there were no other speakers, Mayor Carpenter closed the public hearing and opened it up to Council for discussion. Ms. Grobe addressed questions /comments from Council. Councilmember Larson expressed his concerns regarding adding /raising costs associated with businesses considering locating within the city. While these costs can be passed on to developers, the large businesses are able to absorb this additional expense a lot easier than the small entrepreneurs, putting them at a major disadvantage. Other councilmembers weighed in expressing their opinions agreeing that while this may be the case, the ability to furnish sidewalks for citizens and city visitors also contributes to . pedestrian convenience and safety and promotes a more walkable friendly community. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Ordinance No. 17 -S -43 first reading. The vote was 6 -1 -0 with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Thompson, Kiser and Crawford voting for and Councilmember Larson voting no. Motion passed. 9. Resolution No. 17 -R -87 — Consideration and/or action approving a Resolution authorizing a development agreement with Paul and Mary Rundus related to a 39 acre tract of land approximately 3500 feet north of the intersection of Trainer Hale Road and Weir Road. (B. James /L. Wood/B. Cox) The following was read into record: RESOLUTION NO. 17 -R -87 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A DEVELOPMENT AGREEMENT WITH OWNERS OF PROPERTY UNDER AN EXISTING DEVELOPMENT AGREEMENT WHERE THE PROPERTY IS VALUED FOR AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Senior Planner Bryce Cox who provided background information regarding when the city entered into the first development agreement. Under annexation laws at the time, anyone having a tax exemption under Chapter 23 of the Texas Tax Code, Subchapter C, D, or E (agriculture, wildlife preservation or timberland exemptions) were offered a delayed (10 years) annexation development agreement. On this agenda item, the current property owners (Paul and Mary Rundus) have approached the city as it is their desire to subdivide their property into six total lots to build homes for family members. There were original agreement restrictions that required the owners to come to the city for consent regarding changing their land use and/or subdividing their property. Staff requests Council guidance in making this decision. Mr. Cox explained how staff weighed in on their recommendation by looking at the original main goal of the city in their desire to prevent uncontrolled development. The current applicant is requesting to remain in the ETJ; however, at the end of their 10 -10 -2017 Minutes Page -14 - agreement they are subject to voluntary annexation. The main modification to this agreement is the provision to allow a subdivision of up to six lots with a minimum of five acres and the ability to build a single-family dwelling on each lot—in compliance with all city requirements' What they are wanting to do is compliant with city requirements. Staff recommends approval. Mr. Cox addressed comments and questions from Council. Councilmember Thompson made a motion to approve Resolution No. 17-R-87. Senior Planner Bryce Cox interposed • that moment stating that there was a typo on page 2 of the original agreement; where it stated 'Guadalupe' County, it should be 'Bexar County'. Mayor Pro-Tern Edwards asked Councilmember Thompson to amend his motion. Mr. Thompson withdrew his original motion and restated the motion. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tern Edwards to approve Resolution No. 17-R-87 knowing there will be a change in the document from Guadalupe County to Bexar County. The vote was unanimous with Mayor Pro-Tem Edwards, Councibnembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 0. Resolution No. 17-R-88 — Consideration and/or action approving a Resolution authorizing a construction contract with Tank Pro, Inc. for construction services in connection with repainting of an elevated water storage tank. (D. Wa. Hooks) Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro-Tern Edwards to approve Resolution No. 17-R-88. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. 10-10-2017 Minutes Page -15 - 11. Resolution No. 17 -R -89 — Consideration and/or action approving a Resolution authorizing the Dedication Acceptance of one (1) 1622.22 sq /ft Sanitary Sewer Easement along the Maske Road ROW from the Jonas Woods LTD HOA for placement, maintenance and repairs of a sanitary Sewer Line. (D. Wait/J. Hooks) The following was read into record: RESOLUTION NO. 17 -R -89 Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated staff is requesting to accept a sewer line easement from Jonas Woods HOA. Mr. Hooks addressed questions /comments from Council. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tern Edwards to approve Resolution No. 17 -R -89. The vote was unanimous with Mayor Pro -Tem Edwards, Councihnembers Davis, Gutierrez, Larson, Thompson, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call vote for agenda items 1 a -11. Requests and Announcements 12. Announcements by City Manager. No further announcements were made. 13. Mayor and Council members to request that items be placed on a future agenda. Mayor Carpenter recognized Councilmember Thompson who stated he recently attended two events in the city: 1) the MIA/POW event (sparsely attended) and the Knights of Columbus event (300+ attendees). He requests that the City coordinate some communication with the VFW to see if we can utilize the public relations aspect of the city to promote something that is very worthy down in the future. Mr. Kessel took note of this. 10 -10 -2017 Minutes Page -16 - Mayor Carpenter recognized Councilmember Crawford who stated he would like to see a committee of the HOA presidents meet with city staff in an effort to coordinate efforts on the local code compliance issues. While not urgent, he would like to put that on staff's shoulders. Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated The Chamber President Maggie Titterington gave a presentation about the school house. He was hoping she could come back and provide some more information (fund raiser statistics, education foundation funding, appraised value of the property ($800,000 ?), the cost of moving it ?). It can be another presentation or an e -mail containing the data. Without it, they cannot make an informed decision. *Mayor Carpenter asked to simply provide that information to them and then if they need to put it on a future agenda later on, they can request it. Councilmember Thompson reminded everyone that speed was of the essence on this matter because if nothing happens, the building is scheduled to be removed and/or demolished by the end of December. 14. 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 Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated he visited with a lot of people at the annual TML Conference in Houston last week. Also, the National Night Out this year was another great event —he thanked staff for their efforts in coordinating this. Mayor Carpenter recognized Councilmember Gutierrez who thanked the VFW for hosting the recent event for our POW's and MIA's and he also attended the `Dunking for Pumpkins' event sponsored by the Parks and Recreation Department; great job. Mayor Carpenter recognized Councilmember Crawford who stated he appreciated being able to go attend the TML Conference last week —he enjoyed it. Mayor Carpenter also mentioned the Friends 4 Fischer House fundraiser car show and food truck showdown. They had a great turnout. The POW -MIA ceremony was not well attended, and we need to see what we can do to help that. It is a subject we need to keep our eyes and mind on. He also attended the Campanan Nangan Filipino Heritage luncheon . event put on in our park (annually). It was another great event. Adi ournment As there was no further business, Mayor Carpenter adjourned the meeting at 10:45 p.m. 10 -10 -2017 Minutes Page - 17 - ichael R. Carpenter, Mayor AT ST: B nda Dennis, City Secretary 10 -10 -2017 Minutes Page - 18 -