03-23-10 MINUTES
REGULAR MEETING
March 23, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
March 23, 2010 at 6:30 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-Tem David Scagliola
Councilmember Jim Fowler Councilmember John Trayhan
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager David Harris
Assistant City Manager John Bierschwale City Attorney Michael Spain
Deputy City Secretary Mary Ybarra
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:34 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
PRESENTATIONS
• Presentation and consideration and/or action regarding the FY 2008/2009
Comprehensive Annual Financial Report (CAFR) Debbie Fraser
Mayor Baldwin recognized Ms. Debbie Fraser, CPA with Armstrong, Vaughan &
Associates, who came forward stating that her firm has audited the financial records of the
City of Schertz for FY 2008/2009. Ms. Fraser presented and briefly covered specific
sections of the audit report answering questions from Council.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Fowler to approve the FY 2008/2009 Comprehensive Annual Financial
Report. Vote was unanimous. Motion Carried.
Mayor Baldwin thanked Armstrong Vaughn & Associates, Debbie Fraser, Kim Roach,
Fred Timmons, and the Finance Department, Juan Santoya and Robert Galindo for all the
hard work.
03-23-2010 Minutes
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens who spoke: t.
• Michelle Tereletsky, 705 Marilyn Drive who asked the status on drainage issues
that affects properties at 701,705 and now 709 Marilyn.
• Liz Mueller, 701 Marilyn Drive who spoke on same issue (drainage), and reports
that the drainage ditch continued to hold water even through the drought of last
year, and states that no one to her knowledge has investigated their concerns. City
Manager Taylor assured her that someone would go out and investigate the matter.
• Chris Montgomery, 12420 Ware Seguin Road who spoke regarding section 21.9.8
of the UDC-fence restrictions.
• Robert Brockman, 100 Elbel Road who spoke regarding a sign at Pickrell Park that
states, "Park is closed under construction", and adds that grass needs cutting behind
the Kramer House for BVYA. He attended a Parks and Recreation meeting and
reports that TXDot has plan to put sidewalks on FM3009 between a section of
FM3009 and Garden Ridge, and lastly, the city's telephone directory is not working
well.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of March 16, 2010.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to approve the minutes of the Regular Meeting of March
16, 2010. Vote was unanimous. Motion Carried.
2. Resolution No. 10-R-13 -Consideration and/or action approving a Resolution
designating particular areas, particular dates, and particular times related to curfew
hours and noise restrictions, and parking during the Doggie Dash 2010. (G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who
introduced this item stating that action requested of Council is to approve a
Resolution waiving the park curfew hours, noise ordinance restrictions and the
parking of motorized vehicles for the volunteers for the early morning hours of May
22, 2010.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 10-R-13. Vote was unanimous.
Motion Carried.
Mayor Baldwin stated that Council would take a short break and move into to
executive session
Mayor Baldwin adjourned into executive session at 7:07 p.m.
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EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property and Section 551.087 Deliberation
regarding Economic Development Negotiations.
Mayor Baldwin reconvened into regular session at 7:40 p.m.
RECONVENE TO REGULAR SESSION
3. Resolution No. 10-R-14 -Consideration and/or action approving a Resolution
authorizing an Economic Development Agreement; authorizing certain benefits by
and to the City Pursuant thereto; and other matters in connection therewith. (M.
Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that City staff has negotiated the terms of a Development Agreement among
the City, the EDC, the Forbes partnership, and Sysco regarding the Sysco Food
Services regional distribution center. Sysco is the largest food service Company in
the United States and services the area from Austin, south of the Rio Grand Valley
to the Texas coast. He gave the following information regarding the fiscal impact
for City:
• Schertz Economic Development Corporation cost not to exceed $1,250,000.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor
Pro-Tem Scagliola to approve Resolution No. 10-R-14. Vote was unanimous.
Motion Carried.
4. City of Schertz UDC Revision -Discussion and consideration and/or action
regarding the revised Unified Development Code (UDC) comprised of zoning,
subdivision and other related land use regulations. (M. Sanchez/M. Spain)
Mayor Baldwin recognized Development Services Director Michele Sanchez who
introduced this item stating that City staff, the Planning and Zoning Commission,
and other appropriate City boards and commissions have reviewed the City's
current UDC over a period of more than four months and recommended a number
of updates. The Planning and Zoning Commission specifically recommended the
City Council's approval of the proposed amendments at its meeting on March 10,
2010. Ms. Sanchez went over the key proposed changes (Site Plan Process, AICUZ
Region and Tree Preservation/Mitigation) answering questions from Council.
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Councilmember Trayhan asked for comment regarding the issue brought up by Mr.
Chris Montgomery regarding UDC section 21.9.8-fence restrictions. Ms. Sanchez
provided a brief history regarding the variance request from applicant in Schertz ~
Forest (1-acre lots or greater), RA zoning designation who wanted to place a six foot
wrought iron fence around the property, which the Board of Adjustment denied. After
discussion on the issue and considering several options, it was Council consensus to
bring the issue back for review on a future Council agenda and tasked staff to provide
further information, and photographs of area, etc.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to have City staff prepare an ordinance for consideration at
the City Council's April 6, 2010 meeting amending and restating the City's Unified
Development Code in accordance with the proposed UDC changes presented at this
meeting and that such ordinance may be presented as an emergency item to be
considered in a single reading. Vote was unanimous. Motion Carried.
BOARDS/COMMISSIONS
5. Resignations to Boards and Commissions/Committees -Consideration and/or
action regarding resignations to Boards and Commission/Committees.
• Resignation Darlene Price -Library Board
• Resignation Gary Wallace -Planning & Zoning
Mayor Baldwin stated that the City has received resignations from Ms. Darlene Price
from the Library Board and Mr. Gary Wallace from the Planning and Zoning
Commission. Action requested of Council is to ratify their resignations.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to ratify the resignations of Darlene Price and Gary
Wallace. Vote was unanimous. Motion Carried.
Mayor Baldwin stated that he would like to recognize Mr. Wallace for his many years of
service to the City and present him with a plaque at a future Council meeting. It was
Council consensus to do so.
6. Take any action deemed necessary as a result of the Executive Session.
Acton taken with the approval of Resolution 10-R-14, item 3 of the agenda.
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Carpenter who requested an item be
placed on a future agenda for discussion regarding the UDC section 21.9.8-fence i
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restrictions. It was Council consensus was to place this item on a future agenda
sometime mid April.
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
9. 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
• Upcoming City Council agenda items
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated he is attending the
upcoming Art Slap Down on Saturday at the Civic Center.
10. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Taylor who announced that a benefit for Albert
Compton is being held Saturday at the New Bluebonnet Palace. He also reported that SSLGC
has acquired well permits, and that drilling will commence in the very near future.
Mayor Baldwin recognized Assistant City Manager David Harris who reminded everyone of
the Council meeting next Tuesday, March 30, 2010.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjou d the meeting at 8:55 p.m.
al Baldwin, Mayor
ATTEST:
Mar Yba a, RMC Deputy City Secretary
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