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
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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)
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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
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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.
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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.
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® 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
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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
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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.
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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:
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• 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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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ichael R. Carpenter, Mayor
AT ST:
B nda Dennis, City Secretary
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