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01-27-09 MINUTES JOINT WORKSESSION AND REGULAR MEETING January 27,2009 A Joint Worksession with the Planning & Zoning Commission was held at 5:30 p.m. in the Schertz City Council Conference Room and the Schertz City Council of the City of Schertz, Texas, held a Regular Meeting on January 27,2009 at 6:40 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tern Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Planning and Zoning Members Present: David Richmond, Chairman Cedric Edwards Commissioner Roberta Tutschke, Commissioner Staff Present: City Manager Don Taylor City Attorney Jamie French Assistant City Manager John Bierschwale Assistant City Manager David Harris Deputy City Secretary Mary Ybarra CALL TO ORDER JOINT WORKSESSION City Council, Planning and Zoning Commission call to order the Joint Worksession. Mayor Baldwin called the Joint Worksession to order at 5:35 p.m., and introduced Karen Mitchell, Mitchell Planning Group. Ms. Mitchell stated that in July 2007, Mitchell Planning Group, LLC began review of the current UDC and presented a Diagnostic Report to the City Council on August 15, 2007. Input was received by elected and appointed officials as well as citizens, City staff, and outside engineering firms that utilize the City's UDC. In September of 2008, the Planning and Zoning Commission completed its review of the document and made its recommendation to the Council; however, before this document was presented to the Council, it was determined more work was required. On January 10,2009, the Planning and Zoning Commission conducted a public hearing on the completed UDC and held a "Special Called" meeting on January 21, 2009 to vote on recommending approval of the document to the City Council. Input received at the January 10, 2009 meeting by the Commission and Citizens has been incorporated into the completed version before Council this evening. Ms. Mitchell presented a brief power point presentation covering significant changes as listed below: 1-27-09 Council Agenda . Reformatted to a user-friendly document . In compliance with state and federal laws . Removal of contradictory language . Added provision for Consistency with Comprehensive Plan . Incorporated language on Traffic Safety Advisory Commission . Eliminated Overlay Districts and incorporated all standards into text . Changed R-5, Residential District to GH, Garden Home Residential District . Created Table with Design Criteria for all Zoning Districts . Added Impervious Surface maximum requirements . Created new regulations for Planned Development Districts . Added requirement for Tax Certificates to be submitted with applications . Separated Manufactured Home Subdivisions and Manufactured Home Parks . Added provisions for Carports and Porte Cocheres . Added requirement for Traffic Impact Analysis for certain developments . Added validation provision for certain developments that do not meet code . Added Lighting and Glare standards . Added provision for dumpster enclosures . Added Telecommunications regulations . Added Exterior Construction Standards . Changed DBH to Caliper inches for new plantings III the Tree PreservationlMitigation . Added requirement for garages for single family residential homes . Added stacking requirement for drive- thru facilities . Added drainage plan requirement to check list on certain plats . Added provision requiring City Engineer approval on all public infrastructure construction plans prior to Final Plat application . Added Community Facilities Agreement for all public infrastructure improvements . Added expiration period for plats approved but not filed with County . Added administrative approval for minor/amending plats . Added criteria for Master Plans . Added criteria for site plans . Added approval box for site plans . Added drainage criteria section . Added Storm Water Management Plan section . Added criteria of a mandatory HOA for gated subdivisions . Added provisions for Hike and Bike Trails/Sidewalks . Added provision for Hike and Bike Trails on private property adjacent to State Highways . Added requirement for utility easements for all utilities, including natural gas . Added definition ofHOA . Made minor revisions to certain definitions as they pertain to sign regulations Ms. Mitchell answered questions from Council on such items as; park dedication criteria and golf course zoning designation; is it an appropriate designation. Ms. Mitchell will research these issues. 1-27-09 Minutes Page - 2 - David Richmond, Planning and Zoning Chair stated that the document is not perfect but it is a living document. It is necessary to get something in place quickly and we can always come back with amendments in the future. Importantly, it is a better document then what is in place currently. ADJOURNMENT Mayor Baldwin adjourned the Joint Worksession with City Council, Planning and Zoning at 6:31 p.m. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:40 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tern Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who announced the following: . Thanked Mayor Baldwin and Councilmember Scagliola for attending ribbon cutting of the Tangled Web Group. . Monthly luncheon, Friday, January 30, 2009, 11 :30 am, Civic Center, Senator Wentworth will be the speaker. Mayor Baldwin recognized Rosemary Grayson, 5213 Cabana Drive, who spoke on the following: . Nuisance ordinance concerning washer and dryers under covered patios; is this allowable, and concerns on certain construction site work. Mayor Baldwin recognized Justis Vargas, 305 Aero, who spoke on the following: . Inquired what is happening at large City Park Pavilion and voiced concerns regarding graffiti throughout the City. Mayor Baldwin recognized the following citizens who spoke regarding the R V Parking Issue: . Richard King, 1009 Grey Feather 1-27-09 Minutes Page - 3 - . Basil McDaris, 600 River Road Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of January 20,2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes of January 20, 2009. Vote was unanimous. Motion Carried. 2. Ordinance No. 09-T-02 - Discussion and/or action approving Ordinance No. 09-T- 02 adopting the revised City of Schertz Economic Development Incentives Policy. Final Reading (J. Jewell) Mayor Baldwin recognized Economic Development Specialist Jeff Jewell who introduced this item answering questions from Council and stating that no significant changes had been made since first reading. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-T-02 final reading. Vote was unanimous. Motion Carried. 3. Ordinance No. 09-H-03 - Discussion and/or action amending Chapter 54 of the Code of Ordinances Nuisances and replacing Ordinance No. 08-H-16. Final Reading (S. O'Brien) Mayor Baldwin recognized Sanitarian Shanna O'Brien who introduced this item stating the existing Nuisance Ordinance needed revisions to meet with current State requirements, clarify the language in the current City Ordinance and to transition duties to the Marshal's Office. As per discussion by Council on January 20, 2009, the following language was changed: Section 54-14, (h) to add "unoccupied structures" to working on Sundays by Contractors. Section 54-20, (d) (1) to read... "two members from Planning and Zoning and one member from Board of Adjustments". Section 54-24, (b) to include a "Grandfather Clause" and register RV with Marshal's Office. Section 54-28, (c) remove word "stored" and add "outside of structure". City Council passed this on first reading with the above corrections on January 20, 2009. 1-27-09 Minutes Page - 4 - Considering comments made this evening regarding certain construction work Ms. O'Brien stated that site preparation would be added in the ordinance. Mayor and Councilmembers discussed at length the "grandfathering" of R V's covering the following: . safety concerns . administrative burden placed on the Marshal's office . possibly setting restrictions . visibility issues . liability issues . notification of owner and tenant consistency throughout the document Mayor Pro-Tern Carpenter and Councilmember Trayhan agree on approving the ordinance as written; it is the best balance. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tern Carpenter to approve Ordinance No. 09-H-03 final reading to include the change to the notification section as discussed. Vote was 3 to 2 with Councilmembers Scagliola and Fowler voting no. Motion Carried. 4. Resolution No. 09-R-04 - Discussion and/or action approving a resolution for an Antenna Tower Lease Agreement with AT&T. (J. French) Mayor Baldwin recognized City Attorney Jamie French who introduced this item stating the City's designated representative, Charmain Sanchez, has negotiated a five-year telecommunications antennas lease (with three possible five-year extensions) with AT&T Mobility Texas, LLC at the City's water tank site at 1057 Live Oak Road. Ms. French stated the fiscal impact would be an annual rental to be paid to the City in the amount of $36,297 in the first year, with annual increases, plus a one-time capital recovery payment to the City of $6,000. Assistant City Manager Harris introduced Ms. Charmain Sanchez who was in the audience. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Counci1member Trayhan to approve Resolution No. 09-R-04. Vote was unanimous. Motion Carried. 5. Ordinance No. 09-D-04 - Discussion and/or action approving Ordinance No. 09-D- 04 - Temporary speed limit reduction on FM 3009, North and Southbound directions between mile point 4.679 and mile point 4.527 between mile point 23.663 and mile point 23.012. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating as the Council recalls, in May 2008, the City received a request from TxDot 1-27-09 Minutes Page - 5 - requesting a temporary speed limit reduction for a one-half mile section of FM 3009 in order to increase safety for their project. The project consisted of constructing two roadway bridges over the two U.P.R.R. tracks located between IH 35 and FM 2252. The City complied by passing an Ordinance. Then, on January 12, 2009, the City of Schertz received another letter from the Texas Department of Transportation (TxDot) requesting a temporary speed limit reduction for a. 1.2 mile section of FM 3009 in order to increase safety for an upcoming roadway construction project. This is an extension of the project. The project consists of constructing the roadway between IH 35 and 0.9 miles West of IH 35. TxDot is requesting the speed limit to be reduced from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 4.679 and Mile Point 4.527 and between Mile Point 23.663 and Mile Point 23.012, from the railroad to IH 35. The project is scheduled to start April 2009 and construction should end around June 2012. The speed limit reduction would be needed for the entire duration of construction, approximately 30 months. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-D-04 first reading. Vote was unanimous. Motion Carried. 6. Ordinance No. 09-D-05 - Discussion and/or action approving Ordinance No. 09- D-05 amending Section 86-89 Traffic Light Locations on Schertz Parkway. First Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating these intersections were regulated with stop signs, which have been upgraded to traffic signals as a part of the Schertz Parkway Reconstruction project. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-D-04 first reading. Vote was unanimous. Motion Carried. 7. Ordinance No. 09-S-06 - Conduct a public hearing and discussion on approving Ordinance No. 09-S-06 regarding the revised Unified Development Code (UDC) comprised of zoning, subdivision and other related land use regulations by superseding Ordinance No. 96-S-28. (K. Mitchell) Mayor Baldwin opened the public hearing and recognized Karen Mitchell, with the Mitchell Planning Group, who introduced this item stating she would be available to answer questions from Council and residents. Mayor Baldwin recognized the following citizens who spoke regarding the revised UDC: 1-27-09 Minutes Page - 6 - . Rosemary Grayson who thanked everyone involved in the revision of the UDC. She also referred to the 25' separation distance between mobile homes and the side yard requirements. . Dave Jackson, Webster Drive, who spoke on the issue of carports in R1 zoning designation. . Robert Brockman, 1000 Elbel Road, who spoke on the changes of parking space requirements. Mayor Baldwin stated that the Public Hearing would be left open until the February 3, 2009 meeting at which time Council will be considering first reading of the ordinance to approve the revised UDC. No action taken. BOARDS/COMMISSIONS 8. Resignations and lor Appointment/Reappointment to Boards and Commissions/Committees - Consideration and/or action regarding resignation appointments/reappointments to Boards and Commission/Committees. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tern Carpenter to ratify the resignation of Richard Coon from the Parks & Recreation Committee. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to appoint Harriett Higgs as an alternate member to the Parks & Recreation Committee. Vote was unanimous. Motion Carried ReQuests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Scagliola who requested that an item be placed on a future agenda for discussion of recognition to the 50th Anniversary Committee. Councilmembers concurred. 10. Requests by Mayor and Counci1members to City Manager and Staff for information Mayor Baldwin recognized Counci1member Fowler who spoke regarding the Master Gardner Class scheduled on February 9, 2009. Vendors have had to be turned away due to full capacity. It will be one of the most successful events. 11. Announcements by Mayor and Counci1members . 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 1-27-09 Minutes Page - 7 - Mayor Baldwin recognized Councilmember Wilenchik who stated that Council's laptops are really great. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who acknowledged the foresight by city staff in engineering the new water towers and others throughout the city to be able to accommodate carriers such as (AT&T) to place antennas on these towers, which will generate revenue, instead of generating an expense. Another great foresight was to include the Library and Recreation Center into the Schertz Parkway project, its great to use hikelbide trail from IH-35 to visit the both facilities. 12. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives . Upcoming City Council agenda items No announcements. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned t e meeting at 8: 10 p.m. c2 Hal Baldwin, Mayor -- - -- ATTEST: ~~ ~~L Mary arra ep y Secretary 1-27-09 Minutes Page - 8 -