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01-09-2018 MinutesMINUTES REGULAR MEETING January 9, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 9, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Brian James City Attorney Charlie Zech City Secretary Brenda Dennis Mayor Pro -Tem Cedric Edwards Councilmember Ralph Gutierrez Councilmember David Scagliola 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 regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. ( Councilmember Scagliola) Councilmember Scagliola provided the opening prayer followed by the pledges of allegiance to the flags of the United States and the State of Texas. Proclamation • Proclamation recognizing National Mentoring Month. (Mayor /S. Chapa- Weber) Mayor Carpenter read the proclamation and presented it to Ms. Sonya Chapa Weber and members of the mentoring team. Employee Recognition • Animal Services - Stephanie Ramirez, Kennel Technician • Business Office - Utility Billing Manager Dawniecia Hardin - Trussel • IT - Antonio Valenzuela, Help Desk Technician • Parks - Robert Dobratz, Park worker I Mayor Carpenter recognized each department supervisor who provided a brief bio on their new employee. Mayor Carpenter gave each new employee the opportunity to speak. Mayor and Council welcomed all the new staff members aboard. 01 -09 -2018 Minutes Page -1- Mayor Carpenter moved to agenda item 7 as most of audience participants were here for that item. 7. Ordinance No. 1$ -S -02 — Conduct a public hearing and consideration and or action on a request to rezone approximately 11 acres of land from Single - Family Residential District P> (R -1) to. Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. First heading (E. James/L. Wood/ E. Grobe) The following was read into record: .1 �11►�� 1 I- 1' 1' 1 UWAKOWLIKIN Iwo]= 1 1 1' 1:1 11+1 1 ' Mayor Carpenter recognized Planner I Emily Grobe who stated the applicant is proposing to rezone approximately 11 acres of land, from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The applicant has submitted a letter of intent which indicates the proposed development of a church. The subject area is generally located 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. The Subject property extends approximately 900 feet from FM 3009. The subject property consists of an existing home and undeveloped land. A public hearing notice was published in the San Antonio Express News on December 20, 2017. Twenty -One (21) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 28, 2017, prior to the Planning & Zoning Commission meeting that took place on December 13, 2017. At the time of this report, Staff has received five (5) responses in favor, three (3) responses opposed, and zero (0) response neutral to the request. The proposed rezone is for approximately 11 acres of land from Single- Family Residential District (R -1) to Neighborhood Services District (NS) located approximately 170 feet southeast of the intersection of FM 3009 and Wiederstein Road. The applicant is requesting to rezone the property from Single - Family Residential District (R -1) to Neighborhood Services District (NS). The Comprehensive Land Use Plan section which reviews this portion of central Schertz was adopted in 2002; at that time the subject property was zoned for single - family residential uses. The 2013 Schertz Sector Plan amendment to the Comprehensive Land Use Plan focused on the northern and southern areas of Schertz and did not examine central, where the subject property is located. Since the Schertz Sector Plan amendment did not 01 -09 -2018 Minutes Page - 2 - review this area, the subject property is identified as Single - Family Residential desired property. However, the existing zoning and land uses adjacent to the subject property are Neighborhood Services, and Single - Family Residential which are identified on the Future Land Use Plan, the Single- Family Residential land use characteristic. With the subject properly adjacent to FM 3009 and adjacent to a commercial development a zone change to Neighborhood Services is appropriate. The Comprehensive Land Use Plan describes the Single Family Residential land use characteristic as a mix of residential uses as well as limited commercial development to support the daily activities of development. Neighborhood Services District would be considered a commercial classification that would allow for lower intensity commercial development. Neighborhood Services District is the zoning classification that has been assigned to proposed commercial development adjacent to single family residential in previous years. Based on land use compatibility with the surrounding single- family residential and being supported by the goals and objectives of the Comprehensive Land Use Plan the request to rezone to Neighborhood Services (NS) is an appropriate zoning district. In keeping with the commercially desired land use described in the Comprehensive Land Use Plan, Neighborhood Services would allow for limited retail and services that would be more appropriate and compatible with the single - family residential used and zoned property in the proximity than a more intensive commercial zoning district such as General Business. Additionally, the proposed rezone would extend the already existing zoned Neighborhood Services district. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Neighborhood Services is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. Mayor Carpenter opened the public hearing and recognized the following who spoke: • Zak White- Pastor for Revolution Church o Explained that Revolution Church would like to purchase the property in order to develop a church at that location. • Maggie Titterington- 7130 Schertz Parkway • Indicated her support of the proposed Revolution Church building on the site. • Indicated that the new location would be a great benefit to the community. • Mr. Art Wheatman, Fawn Drive, who asked if they are going to have a privacy fence along the side of the property. As no one else spoke, Mayor Carpenter closed the public hearing for Council comments. Staff addressed concerns raised by Mr. Wheatman as well as other questions from council. Mayor Carpenter recognized Councilmember Davis who made a motion to approve Ordinance No. 18 -5 -02 first reading seconded by Councilmember Gutierrez. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and 01 -09 -2018 Minutes Page - 3 - Crawford voting for and no one voting no. Mayor Pro -T'em Edwards was absent. Motion passed. Mayor Carpenter recessed the regular meeting at 6:30 p.m. for those present representing item 7 to leave the chambers. NZMr Mayor Carpenter reconvened the meeting at 6:40 p.m. and moved to the Hearing of Resident's section of the agenda. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: ® Mr. Grumpy Azzoz, 528 Wayward Pass, who stated during the 2016 -2017 period, Schertz received a lot of negative media coverage which discourages outside businesses and citizens considering relocating to our city. He himself is now reluctant to purchase more properties in the area for future development. This needs to stop. Two city officials and two local school board members made the news last year. City staff members are also leaving. A recent example is a Finance employee. Finances and budgets need to be handled carefully. A lot of money is being spent on upper management salaries and attorney fees. Council is the stewards of the city taxpayer's money. Our philosophy needs to change to bring in new business. We can't afford to take another hit in the media. • Mrs. Maggie Titterington, President of The Chamber who introduced Ms. Shelby Griffin and Ms. Katelyn Smith, students who are with the 2018 Leadership Core Class. Ms. Titterington thanked Mr. Kessel and all those who participated today in hosting their first meeting with a mock council meeting. ® Mr. Robert Westbrook, SCUCISD Board President, who came to introduce himself and to reassure everyone to continue to be good stewards our money and our students, open communication and hard leadership. Whatever hard work Dr. Gibson and past Board Presidents have done he wants to continue to do the same. He will share his name number and personal email number with all the Council and if he can do anything to further their goals, fostering communication with the School District and the City of Schertz, he will make every effort to do so. He will follow -up with Dr. Gibson and follow the cities lead with Communities in Schools, and national mentoring month. He also wants to continue the relationships build with the City. Mayor Carpenter recognized Cub Scout Caleb Reeder with Pack 343 who was in the audience this evening. Mayor Carpenter moved to agenda item 6. 01 -09 -2018 Minutes Page - 4 - 6. Ordinance No. 18 -S -01 — Conduct a public hearing and consideration and or action on a ❑PH request to rezone approximately 27 acres of land from Pre - Development District (PRE) to Apartment/Multi- Family Residential District (R -4) located about 1,500 feet northeast of the intersection of FM 1518 and 111- 10. First Reading (B. James /L. Wood/ B. Cox) The following was read into record: The subject property is generally located approximately 1,500 feet north of the intersection of FM 1518 and IH -10. A portion of the property is within the floodplain. The subject property is vacant. A Public Hearing notice was published in the San Antonio Express News on December 20, 2017. Eleven (11) public hearing notices were mailed to surrounding property owners within two hundred (200) feet of the subject property on November 30, 2017, prior to the Planning & Zoning Commission meeting that took place on December 13, 2017. At the time of this report, Staff has received four (4) responses in favor of the request. The Planning and Zoning Commission conducted a public hearing on December 13, 2017 at which time there were no citizen comments related to this rezoning request. The proposed rezone is for approximately 27 acres of land from Pre - Development District (PRE) to Apartment / Multi - Family Residential District (R -4) located approximately 1,500 feet north of the intersection of FM 1518 and IH -10. The Planning and Zoning Commission conducted the public hearing on December 13, 2017 where during commissioner discussion a couple of commissioners discussed concerns about sewer. The commission offered a recommendation of approval by a vote of 4 — 2 with Mr. Evans and Mr. Greenwald voting nay. Based on the goals and objectives of the Comprehensive Land Use Plan, the existing land use conditions, Apartment/Multi- Family Residential is the most appropriate zoning district for this property. Staff recommends approval of the proposed rezoning as submitted. Mayor Carpenter opened the public hearing and recognized Mr. Patrick Christensen, who was here repesenting the applicant, who provided information on this item. As there was 01- 09- 2018-Minutes Page - 5 - no one else who spoke, Mayor Carpenter closed the public hearing for Council comments. Mr. Cox addressed questions from Council. Mayor Carpenter recognized Councilmember Crawford who made a motion to approve Ordinance No. 18 -S -01 first reading seconded by Councilmember Kiser. The vote was unanimous with Counc1lmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. Mayor Carpenter moved back to the regular order of the agenda. Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: Monday, January 151 City Offices Closed in Observance of Martin Luther King, Jr. Day Friday, January 191 City Council Strategic Planning Retreat, Fairfield Inn & Suites, 8:30 am Tuesday, January 16' Chamber Luncheon, Civic Center, 11:30 am Tuesday, January 23ra Student Mayor /Student Council for the Day Program, Council Chambers, 11:00 am — 2:00 pm Tour of Fire Department, Police Department and the EMS Department will begin at 10:00 a.m. Students will return to the Council Chambers between 11:00 and 11:15 for lunch, introductions and an overview of City Council's and Executive Management's positions. The Student Mayor /Student Council program will begin at 12 :30. Students will return to the Chambers at 6:00 p.m. to be recognized at the Council Meeting. City Council Meeting, Council Chambers, 6:00 pm • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who wished Council a happy new year. Mr. Kessel stated that he wants to recognize one of our Building Inspector Will Dalrymple. Mr. Kessel stated he continues the path of getting more and more inspectors certification. The most recent one is the Comm ercial/Electrical Certification and thinks that about every two months he is getting a new certification. Mr. Kessel stated that Will is very engaged and making certain that he can provide the best service possible. His certifications are a real help to the inspections department and to the community. 01 -09 -2018 Minutes Page - 6 - ® Presentation and update regarding the establishment of the Building and Standards Commission. (B. James/ L. Wood/ E. Grobe) Mayor Carpenter recognized Director of Planning and Community Development Lesa Wood, Planner I Emily Grobe and Environmental Law Enforcement Officer Thomas Brooks who by PowerPoint presentation provided information regarding the establishment of the Building and Standards Commission. Each staff member answered questions from Council. ® Presentation and update regarding the 4th Quarter 2017 Financial Statement. (J. Walters) Mayor Carpenter recognized Finance Director James Walters who by PowerPoint presentation provided the 4t' Quarter Financial Statement. Mr. Walters addressed questions from Council. 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. 1. Minutes — Consideration and/or action regarding the approval of the corrected minutes of the regular meeting of December 12, 2017 and approval of the minutes of the regular meeting of December 19, 2017. (J. KesseI/B. Dennis) 2. Resolution No. 18 -R -04 — Consideration and/or action approving a Resolution authorizing the Fourth Quarter EMS Debt Revenue Adjustments, Utility Billing Debt Revenue Adjustments and Schertz Magazine Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (B. James /J. Walters/R. Rosales /J. Mabbitt/L. Klepper) The following was read into record: RESOLUTION NO. 18 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING EMS DEBT REVENUE ADJUSTMENTS, UTILITY BILLING DEBT REVENUE ADJUSTMENTS AND SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR CERTAIN INACTIVE OUTSTANDING RECEIVABLES AND OTHER MATTERS IN CONNECTION THEREWITH. Mayor Carpenter recognized Councilmember Scagliola who made a motion to approve consent items 1 and 2 seconded by Councilmember Davis. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -2018 Minutes Page - 7 - Discussion and Action Items 3. Resolution No. 18 -R -01— Consideration and/or action approving a Resolution authorizing expenditures with Ford Engineering, Inc., totaling no more than $100,000 for Professional Engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -18 fiscal year. (B. James/K. Woodlee) The following was read into record: Mayor Carpenter recognized City Engineer Kathy Woodlee who stated Ford Engineering, Inc., (FEI) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -55, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R -51. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. In addition to ongoing projects with FEI, the City has several projects coming up (outlined below) for which professional engineering services will be required, and FEI is qualified to provide such services. In addition to the known projects, the Engineering, Public Works, and Parks Departments have a periodic need for engineering and/or surveying services with limited scope. As such, it is desired that staff have - the ability to request consulting services to be provided and invoiced on an hourly basis as needed. Any contract with a value of $50,000 or greater proposed to be awarded to FEI will be brought before City Council for approval. Staff requests the ability to process agreements with FEI that have a value less than $50,000 — for which funds are budgeted — without further specific Council approval. Staff recommends that Council approve Resolution 18 -R -01 authorizing additional expenditures with Ford Engineering, Inc., totaling no more than $100,000 for professional engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year. Ms. Woodlee addressed questions from council. Mayor Carpenter recognized Councilmember Davis who made a motion to approve Resolution No. 18 -R -01 seconded by Councilmember Kiser. The vote was unanimous with, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -2018 Minutes Page - 8 - 4. Resolution No. 18 -R -02 - Consideration and/or action approving a Resolution authorizing expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $75,000 for Professional Engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year. (B. James/K. Woodlee) The following was read into record: Mayor Carpenter recognized City Engineer Kathy Woodlee who stated Lockwood, Andrews & Newnam, Inc. (LAN) was awarded a three -year agreement for On -Call Engineering Services via Resolution 14 -R -56, with an option to extend the agreement twice for one year each time. The agreement was extended for the first time via Resolution 17 -R- 52. The City's practice is to seek authorization from Council when expenditures with a vendor exceed $50,000 in one fiscal year. In addition to ongoing projects with LAN, the City has several projects coming up (outlined below) for which professional engineering services will be required, and LAN is qualified to provide such services. In addition to the known projects, the Engineering and Public Works Departments have a periodic need for engineering and/or surveying services with limited scope. As such, it is desired that Staff have the ability to request consulting services to be provided and invoiced on an hourly basis as needed. Any contract with a value of $50,000 or greater proposed to be awarded to LAN will be brought before City Council for approval. Staff requests the ability to process agreements with LAN that have a value less than $50,000 — for which funds are budgeted — without further specific Council approval. Staff recommends that Council approve Resolution 18 -R -02 authorizing additional expenditures with Lockwood, Andrews, and Newnam, Inc., totaling no more than $75,000 for professional engineering- related services on various separate and unrelated projects, each of which is less than $50,000, during the 2017 -2018 fiscal year Mayor Carpenter recognized Councilmember Larson who made a motion to approve Resolution No. 18 -R -02 seconded by Councilmember Crawford. The vote was unanimous with Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Mayor Pro -Tem Edwards was absent. Motion passed. 01 -09 -2018 Minutes Page - 9 - 5. Ordinance No. 17 -S -50 - Conduct a public hearing and consideration and /or action on an PH amendment to the Code of Ordinance and Unified Development Code of the City of Schertz, establishing a Building and Standards Commission, providing a criminal Penalty, providing for publication, and providing an effective date. First Reading (B. James/ L. Wood/ E. Grobe) The following was read into record: AN ORDINANCE OF I OF 1 1 1 CODE OF ORDINANCES OF .1' OF SCHERTZ, TEXAS; ESTABLISIIING A BUILDING 1 STANDARDS COMMISSION; PROVIDING A CRIMINAL PENALTY; P. O 1 I 1. PUBLICATION; 1 PROVIDING DATE. Mayor Pro -Tem Edwards arrived at 8:27p.m. Mayor Carpenter recognized Executive Director Brian James who stated staff always strives to provide clarity in their presentations and they can always go back and do more research and adjust language if needed on these items. He also provided information regarding staffs reason for wanting to establish this new board which is basically to provide an appeals process for citizens if they disagree with decisions made by the city building official. Planner I Emily Grobe provided a PowerPoint presentation with updates since December 12, 2017 as well as background information on the Building and Standards Commission. She provided several reasons for proposing the new Commission including the main one being providing an outlet for applicants requesting review of a building code item and/or appealing a decision of the fire marshal, fire chief, or the building official. She provided examples of the commission's authority. Staff proposes five members be appointed by Council for a two -year term and possibly appointing two alternates. Ms. Grobe also went over the proposed City Code of Ordinance changes. Mayor Carpenter opened the public hearing and the following individuals spoke: • Mr. Richard Dziewit, 2550 Chasefield Drive, who had concerns about the usage of non - compliant materials and resulting compliance efforts and dealing with conflicting rulings between the Board of Adjustments and the new board. He is confused as to why a second board is needed. • Mr. Glen Outlaw, 3729 Forsyth Park, who stated he thinks it is a legal issue that needs to be solved. Since BOA cannot hear appeals, someone else has to do that. However, board members would need to have an enormous amount of expertise in the building and fire code issues. Also, the city building official and the fire marshal 01 -09 -2018 Minutes Page -10 - are enforcement officials. Your normal board members would most likely not have the specifically needed knowledge necessary to make solid rulings. As no one else spoke, Mayor Carpenter closed the public hearing and invited Executive Director Brian James and Planner I Emily Grobe back to the podium to address the mentioned concerns. Mr. James stated one of the concerns they are trying to address is putting the decision making in front of the right board along with the appropriate background_ information and staff input. They want to avoid sending cases to a board that does not have the authority to hear them. Other Council concerns and comments were: • BOA members—Do they have any of the qualifications that would meet this specific skill set needed? It is important to have the right people. • Where the document refers to '10 days', this needs more clarity. Is it business days only or does it mean calendar days? • Subject experts are city staffers already on board (Fire Marshal, Code Enforcement Officers, Sanitarian, Building Official, Engineers). • Having due process available without the expense of going to district court. • As the city grows there will probably be more of a need for this type of board. • Civil penalty amounts /processes —excessive window (up to $1,000 /day)? • What is our overall liability? Mayor Carpenter stated he thinks we need to put this in place and the Council is completely in charge of this, if they decide to do so. If the Council does not appoint anyone, then the board exists but cannot function. He suggests they pass it to put it in place and not appoint anyone until (a) they are comfortable with some of the clarifications brought forward regarding fording qualified candidates to serve and (b) Council exercise its authority to not appoint anyone until they are comfortable and satisfied that it is the right time to move forward. This would be a first step to get us to the right place. He asked Council to pass this item this evening and work individually with staff on items of concern and plan on having a future discussion on what they might do to find qualified people (i.e., advertisement in Schertz Magazine). He feels we can fmd the right candidates. This board will function almost like a jury with support, knowledge and experience from city staff members. Councilmember Crawford suggested bringing this item back in a few weeks (i.e., first week of February) with the changes made that Council talked about this evening and pass it then. After that we could work on some of the other things we talked about. Mayor Carpenter concurred stating if one were to make a motion to approve this ordinance and stipulate a date to come back that is more than a meeting or two or three into the future, he thinks it would be looked on favorably by Council. Mayor Carpenter recognized Councilmember Gutierrez who made a motion to approve Ordinance No. 17 -5 -50 first reading with the modified changes as specified identifying the calendar days/business days on the document and then bring it back up for review. 01 -09 -2018 Minutes Page - 11 - Mayor Carpenter asked if that would be three meetings out, the second meeting in February as an example? Councilmember Gutierrez said yes. For other changes, the staff could work with other members of Council and bring that back the second week of February. A second to the motion was made by Councilmember Crawford. For clarification the Mayor restated that the motion is to approve Ordinance No. 17 -S -50 with the changes with regard to specifying calendar or business days and then revisiting it for a second reading during the second week of February. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 8. Ordinance No. 18 -S -03 - Conduct a public hearing and consideration and or action on an PH amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 10, Section 21.10.4 Schedule of Off - Street Parking Requirements. First Reading (B. James/L. Wood/ E. Grobe) The following was read into record: M NO 191.-MuslWiTelff "I 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 10, SECTION 21.10.4 SCHEDULE OF OFF - STREET PARKING 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 I Emily Grobe who stated that over the last year the Planning staff has reviewed Section 21.10.4 in great detail to see if the City of Schertz parking requirements were in line with the established target cities and Parking Standards as established by the American Planning Association. Cities they looked at were San Marcos, Frisco, Georgetown, Round Rock, Temple, McKinney, Pflugerville and New Braunfels. The current parking table and current permitted use table were looked at for any inconsistencies. It was determined that an update to UDC Section 21.10.4 was needed. She reviewed for Council the proposed staff changes regarding use type, parking requirements, and proposed updates /comments. Staff also looked at how the UDC currently stipulates parking which says that parking shall be provided based on the use which most closely relates to the proposed land use. The problem is that the most closely related land use may have very different parking needs. 01 -09 -2018 Minutes Page -12 - Other cities provide more flexibility for unlisted uses and allow the applicant to provide a parking ratio they feel is appropriate and allow City staff to approve or deny it. They are proposing to increase the flexibility for future potential applicants. City staff can also assign an appropriate parking ratio based on planning and transportation best practices. The proposed amendment was heard at the Planning and Zoning Commission meeting on December 13, 2017. The Planning and Zoning Commission offered a recommendation of approval with a vote of 5 -1 with Commissioner Evans voting nay based on concerns with eliminating use types from the parking table. Notice of City Council's Public Hearing was published in the San Antonio Express News on December 20, 2017. Staff recommends approval of Ordinance 18 -5 -03, an amendment to the Unified Development Code (UDC), Article 10, Section 21.10.4, Schedule of Off - Street Parking Requirements as presented. Mayor Carpenter opened the public hearing and as there were no speakers he closed the public hearing. Ms. Grobe, Senior Planner Bryce Cox and Executive Director Brian James addressed questions and comments from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who made a motion to approve Ordinance No. 18 -S -03 first reading seconded by Councilmember Gutierrez. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 9. Ordinance No. 18 -S -04 - Conduct a public hearing and consideration and /or action on an ❑PH amendment of Part III, Schertz Code of Ordinances, Unified Development Code (UDC), update "Director of Development Services" and to remove "Development Services Department ". First Reading (B. James/L. Wood/ E. Grobe) The following was read into record: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART HI, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC), UPDATE "DIRECTOR OF DEVELOPMENT SERVICES" AND TO REMOVE "DEVELOPMENT SERVICES DEPARTMENT ".; 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 I Emily Grobe who provided background information regarding the name change .of the Development Services Department to the Planning and Community Development Department and the position of Director of Development Services to Director of Planning & Community Development. However, the Unified Development Code was not updated at that time to alter the current callouts for Director of Development Services and the Development Services Department Development Manual. 01 -09 -2018 Minutes Page - 13 - The current proposed changes are to change all the call outs within the UDC for the Director of Development Services to `City Manager or his/her designee.' This will eliminate the need for future amendments if departments go through another reorganization or name change. They also recommend altering all call outs for Development Services Department Development Manual to read as Development Manual. With a recently adopted UDC Article 1 amendment a definition for Development Manual was incorporated. Since there is a specific definition for this manual, the proposed amendment is to correct the naming convention of the manual throughout the UDC. This information was heard by the Planning and Zoning Commission on December 13, 2017 and they offered a unanimous recommendation of approval. Staff recommends approval to the UDC Article 4,5,8,9,12,14 and 16 as presented. Mayor Carpenter opened the public hearing and as there were no speakers closed the public hearing. There were no questions or comments from Council. Mayor Carpenter recognized Councilmember Larson who made a motion to approve Ordinance No. 18 -S -04 first reading seconded by Councilmember Gutierrez. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one voting no. Motion passed. 10. Resolution No. 18 -R -05 — Consideration accepting the Semiannual Reports with Improvements Plan. (B: James /J. Walters) The following was read into record: and/or action approving a Resolution respect to the progress of the Capital RESOLUTION NO. 18 -R -05 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ACCEPTING THE SEMIANNUAL REPORTS WITH RESPECT TO THE PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Finance Director James Walters who stated he would be presenting two Capital Improvement Reports tonight which would encompass the entire 2016 -17 Fiscal Year. These reports are required to be presented to the Capital Improvement Advisory Committee semi - annually and reviewed by them and approved to go before Council for adoption. He went over the report for October 1, 2016 through March 31, 2017 and the one for April 1; 2017 through September 31, 2017, explaining the various categories, projects and associated costs. Mr. Walters and Executive Director Brian James addressed questions and comments from Council. Mayor Carpenter moved from the Chair, seconded by Councilmember Scagliola to approve Resolution No. 18 -R -05. The vote was unanimous with Mayor Pro -Tem Edwards, 01 -09 -2018 Minutes Page - 14 - Councilmembers Davis, Gutierrez, Larson, Scaghola, Kiser and Crawford voting for and no one voting no. Motion passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the roll call votes for Items 1 -10. Requests and Announcements 11. Announcements by City Manager. There were no further announcements. 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. There were no items requested. 13. 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 Councilmember Davis who stated he attended the Schertz Housing Authority meeting the prior night but does not have anything significant to report at this time. Mayor Carpenter recognized Councilmember Gutierrez who stated he attended the Lower Seguin Bridge re- opening last month. Every bridge has its purpose and connects people and places, two cities, Schertz and Cibolo, and two counties, Guadalupe and Bexar. He had the distinct honor to be the first one to drive across the bridge. He also attended the Polar Bear Plunge event at Pickrell Park this past Saturday. It was very entertaining. He thanked the YMCA and the City Staff for putting this event together. Mayor Carpenter_ recognized Councilmember Scagliola who pointed out that TML is offering a webinar on Social Media on January 31 from 10:30 -11:30 a.m. He is going to sign up for it. You need to register for it. If we can get a computer in one of our conference rooms, anyone who is interested can watch it. 14. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Landscaping work update 01 -09 -2018 Minutes Page - 15 - Election results for the Bexar Appraisal District Board of Directors, the election results of the Comal Appraisal District Board of Directors, and the election results of the Guadalupe Appraisal District Board of Directors for 2018 -2019 term. Adiournment As there was no further business, Mayor Carpenter adjourned the meeting at 9:30 p.m. R. Carpenter, Mayor A T: n a Dennis, City Secretary 01 -09 -2018 Minutes Page - 16 -