04-06-10 MINUTES
REGULAR MEETING
Apri16, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
April 6, 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 John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:30 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
PRESENTATION
• Proclamation for Sexual Assault Awareness Month (Jo Marie Montague and
Amy Bierschwale -Pruitt to accept)
Mayor Baldwin introduced and welcomed Amy Bierschwale representing the Crisis
Center. The Mayor read and presented the proclamation to Amy.
Mayor Baldwin asked for a moment to allow him to divert from the meeting. Mayor
Baldwin announced that back in September of 1956 he met a young lady at the Union Cafe
in Georgia.
Fifty three (53) years later she has been his bride, his pride and joy and she is his wife,
today they have been married 53 years. Mayor Baldwin recognized his wife Barbara who
came forward and presented her with a bouquet of roses celebrating 53 years of marriage.
Mayor Pro-Tem Scagliola announced that he would like to exercise his duties as Mayor
Pro-Tem, take charge of the meeting for just a minute, and skip ahead to item 10. Mayor
Pro-Tem Scagliola read a proclamation presenting it to Hal and Barbara Baldwin
recognizing their 53`d Wedding Anniversary and proclaimed April 6, 2010 as Hal and
Barbara Baldwin day.
04-06-2010 Minutes
HEARING OF RESIDENTS ~
Mayor Baldwin recognized the following citizens who spoke:
• Mr. Mel Carter, 3442 Morning Drive who spoke regarding the need of speed
humps on Morning Drive. Mayor Baldwin stated that he would need to take
that issue to the Transportation Safety Advisory Board.
• Mr. Harry Hewlett, 137 Beechwood who spoke regarding the lack of handicap
parking at the BVYA ballpark.
• Mr. Chris Montgomery, 12470 Ware Sequin who spoke of concerns regarding
Section 21.9.8 of the UDC, requesting that this section be changed to allow for
six-foot wrought iron fences. Development Services Director and Council
stated that staff is gathering information to bring forward to Council at a later
date and that if this changed then the portion of the UDC would change as well.
• Robert Brockman, 1000 Elbel Road who spoke on Bexar Waste dumpster at
Pickrell Park whose lids were open and it was too close to the wrought iron
fence and was unable to close the lids. Mr. Brockman also asked that staff fix
the after hours phone system.
• Mr. Dean Weirtz, 4301 Monument Pass who spoke of concerns on Section
21.3.6 of the UDC "other Boards & Commissions"
• Mr. Ruben Ruiz Jr., 6105 Portchester who spoke in favor of Ordinance No 10-
5-06 the revised UDC.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Joint Workshop and Regular Council meeting of March 30, 2010.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Trayhan to approve the minutes of the Regular Meeting of March 30,
2010. Vote was unanimous. Motion Carried.
2. Resolution No. 10-R-16 -Consideration and/or action approving a resolution
supporting the partnership of The Office of Economic Adjustment and Bexar County
in the 2010 Randolph AFB Joint Land Use Study (JLUS). (Mayor)
Mayor Baldwin introduced this item stating that on March 30, 2010 Bexar County
Commissioners Court approved a resolution of support and submission of the
Randolph AFB Joint Land Use Study Grant. This grant would be used to conduct a
land use study between Randolph Air Force Base and the surrounding communities.
The study will assess the compatible land uses around the base taking into
consideration air space, light pollution, noise pollution and other factors. The study
will take approximately 12-18 months to complete. No fiscal impact and staff
recommends approval.
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Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to approve Resolution No. 10-R-16. Vote was unanimous.
Motion Carried.
3. Resolution No. 10-R-17 -Consideration and/or action approving a resolution
requesting CPS Energy to fund an electrical infrastructure project. (J. Jewell)
Mayor Baldwin recognized Assistant Economic Development Director Jeff Jewell
who introduced this item stating that action requested by Council would approve the
use of $17,000 from the Community Infrastructure and Economic Development
(CIED) fund to pay for the difference between the cost of wood and steel poles at the
medical office development on Schertz Parkway. There is currently $160,000
available in the fund and Schertz is adding about $60,000 per year. Approval of the
funds will assist the developer in controlling costs on the project and increases the
likelihood that the property will continue developing as planned. The fiscal impact
would be $17,000 to be paid out of the CIED fund at City Public Service (CPS).
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Carpenter that based on staffs recommendation, approves Resolution
No. 10-R-17. Vote was unanimous. Motion Carried.
4. Ordinance No. 10-5-06 -Consideration and/or action approving an ordinance
regarding the revised UDC. First reading (M. Sanchez/M. Spain)
Mayor Baldwin recognized Development Services Director Michelle 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 briefed the Council on the following major changes answering
questions:
• Sec 21.3.3. C2f -remove site plan approval process from the Planning and
Zoning Commission and that the site plan approval process be granted
administratively to the Planning Division and Administrative Staff and
made a part of the construction plan review process.
• Sec 21.4.12 C3 - sets a time limit in which to exercise a variance. A
variance that is approved must be issued a building permit within 180 days
of approval or the variance becomes null and void. A variance that is
disapproved shall comply with any action required by the applicant within
15 days of disapproval upon written notification by city staff. These time
limits will also apply to Sec 21.4.14 Appeals.
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• Sec 21.5.9 -AICUZ Districts; propose to omit the Special Use Permit
(SUP) process for projects located in the AICUZ. Instead propose a
written notification process by which RAFB is notified of the proposed ~
development, type occupancy, occupant load, hours of operation, and any
special conditions of the project that may include noise, dust, smoke
emissions, etc and reference their Standard Land Use Code Manual
(SLUCM). An acknowledgment from RAFB will be necessary before an
approval of the project will be granted.
• Sec 21.8.2 -require that accessory structures, buildings or ancillary
structures located within commercial districts that are permanent beyond
six (6) months shall be constructed of masonry material similar to the
principal building. The objective is to prohibit metal buildings for
permanent use. There is also a separate proposal to screen roof top
mechanical equipment on these structures in Sec. 21.9.S.D (3).
• Sec. 21.8.8 - insert a provision that wood or composite wood decks may be
constructed with a ten (10) foot rear yard setback if uncovered. For decks
that are covered and attached to the residence, they shall comply with the
same rear yard setback as the main structure.
• Sec 21.8.9 -propose regulations on outdoor display and storage for
commercial and manufacture property that display inventory for sale; and
that have the need for storage of their operational equipment.
• Sec 21.9.9 - tree preservation and tree mitigation fund
• Sec 21.10.2 - propose a revision to the restrictions on residential curb cuts
to allow for circular driveways for residential property with a minimum lot
width of 100 feet; and two curb cuts not to exceed 16 feet in width each;
and a minimum of 30 feet of green space between the curb cuts. If
approved, the code of ordinances will be amended as required.
• Sec 21.12.8f 1 and 2 -clarify in Article 12 Subdivisions, to identify minor
changes and major changes to the plat design; and to establish that a
revised master plan, preliminary or final plat shall be resubmitted for major
changes. Minor changes include a revision to plat notes, paving details, lot
line adjustments, grammar and scrivener's errors. Major changes include
an increase in the number of lots or acreage, addition or reconfiguration of
streets or alleys, changes to open space dedication requirements, drainage
or flood plain data.
• Sec 21.12.14 -site plan process; remove from Article 12 Subdivisions; and
move to Article 9 Site Design.
• Definitions "Building Height" -clarification that a chimney, cupola or
dormer four feet or less in height shall be exempt from the maximum
height requirement.
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Minor Changes:
• Sec 21.8.7 -restrict temporary storage facilities (i.e. PODS, Rat Packs,
Conex buildings, etc) to 60 days per calendar year with a temporary
building permit.
• Sec 21.9.7 C 1 - provide a requirement that residential lots must have full
sod in
Ms. Sanchez further requested that City Council provide her more time to
obtain more information regarding the fencing issues (wrought iron 6'fence) as
mentioned earlier by Mr. Montgomery and to bring this item back to the City
Council on the May 11, 2010 agenda.
Members of Council, staff and City Attorney discussed the following concerns that
came up during the hearing of residents section:
• Section 21.9.8 -Screening and Fencing (would be looked at the May I1, 2010
Council meeting).
• Section 21.3.6 (B) Historic Preservation Committee (no subsequent changes)
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter that based on staffs recommendation, approves Ordinance
No. 10-5-06 first reading. Vote was unanimous. Motion Carried.
5. Annexation - Conduct a Public Hearing relating to the annexation of approximately
4.676± acres known as Lots 1 and 2, Block 3, Lost Meadows Subdivision, Unit 2,
county block SOSSc, Bexar County, Texas, located at 12046 and 12066 Lost
Meadows Road. (M. Spain/M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that the City Council completed the annexation of most
of Crescent Bend Park in January 2010, but two lots in the undeveloped platted
subdivision that makes up the Park were inadvertently not included in the
annexation. The first of two required public hearings is to occur on April 6t''; the
second public hearing is scheduled for April 13tH
Mayor Baldwin opened the public hearing and recognized the following who spoke:
• Mr. Robert Brockman, 1000 Elbel Road who asked who owned these two lots;
answer was that Bexar County owned the lots.
As no one else spoke; Mayor Baldwin closed the public hearing and stated that no
action is required at this time and that the second public hearing would be held on
April 13, 2010 at 6:30 p.m.
BOARDS/COMMISSIONS
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_ _
6. Appointments/ Reappointments to Boards and Commissions/Committees -
Consideration and/or action regarding appointments/reappointments to Boards and
Commission/Committees.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve the appointment of Sandy Keiser to the Library
Board. Vote was unanimous. Motion CarNied.
Mayor Baldwin adjourned into Executive Session at 7:46 p.m.
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 8:09 p.m.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
giving a brief history of the John Gannon, Inc. v. City of Schertz and Schertz Board
of Adjustments lawsuit of a sign on Main Street. City Attorney Michael Spain
stated that Federal Court Judge Berry ordered this to mediation and that City
Manager Don Taylor, Assistant to the City Manager Bob Cantu and he met and the
mediated settlement is as follows:
• Gannon may rebuild the wooden sign located at 400 Main Street with the same
dimensions (16'x48') and height (49'), without lights, as permitted non-
conforming use. Instead of a wooden two-sided face, however, it will have a
vinyl wind face with a metal frame.
• Gannon will pay the City $25,000, which the City intends to use to build two
City of Schertz monument signs at two City entry points.
• TML will pay Gannon $10,000.
Gannon signed the settlement agreement last Thursday, and assuming it is approved
by the City Council and the Board of Adjustments, he cannot back out of the deal.
The Board of Adjustments met this evening and agreed to the settlement and now it
is up to the City Council to approve the settlement agreement.
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Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler that the City Council approves the settlement of the lawsuit
by John Gannon, Inc. against the City of Schertz and the Board of Adjustments as
negotiated by the City Manager in mediation ordered by the Federal Court and as
summarized by the City Attorney. mote was unanimous. Motion Carried
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
t.
Mayor Baldwin recognized Councilmember Carpenter who asked for clarification
of a procedural issue that when three members of council asked that an item be
placed on the agenda, how staff could move the item. City Manager Don Taylor and
Development Services Director Michele Sanchez explained that, as requested
earlier staff would like the fencing issue (Wrought Iron 6') to be brought back on
the May 11, 2010 agenda, which would allow her staff more time to gather
information. Councilmember Trayhan, Mayor Pro Tem Scagliola and
Councilmember Carpenter stated that the fencing issue be allowed to come to
Council on May 11, 2010.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Councilmember Fowler who stated that he had received
a call from a resident in Northcliffe who lives on Columbia that received a
notification of high grass and weeds. This notification was issued to him in error, as
it was his neighbor. He has been trying to call the number on the notification and
no one answers. City Marshall Beverly Todd stated that she would handle the
situation.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who asked for an update on
the disposition of the house on Wimbleton and Country Club Drive. Marshal
Beverly Todd stated that the house has gone to foreclosure and she understands the
house went to auction last week and hopefully it will be cleaned up very shortly.
Mayor Baldwin recognized City Attorney Michael Spain who requested staff look
at all resolutions and ordinances that formed all the boards and commissions to
make sure that they are conforming to them as well as double checking their
bylaws.
10. 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
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• Upcoming City Council agenda items
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated that he attended ~
last Saturday an Easter egg hunt at the Northcliffe Park.
Mayor Baldwin stated that they are working on a water summit possibly in May
where they will be hosting a meeting with all the cities in South Texas, specifically
everyone in Region 7. San Antonio wants to build a coalition of surrounding small
cities to help with the expansion, and development and treatment of blackish water.
Mayor Baldwin also stated that he recently attended the ground breaking of the
Medical Complex that will be going in off Schertz Parkway.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who mentioned that nothing
was in the local newspaper regarding the expansion project of Sysco Corporation or
the Medical facility. He stated these are two very large projects that will benefit all
the citizens.
Mayor Baldwin recognized City Engineer Larry Dublin who stated that the ditch
issue on Marylin Drive has been cleaned and graded, affected citizens are pleased.
He also stated that as you noticed the Recreation Center is completed and was told
that our YMCA facility experienced the largest attendance in the history of any
YMCA, that over 740 have signed up for membership.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjo ed the meeting at 8:20 p.m.
Hal Bal in, Mayor
A ST:
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~fenda Dennis, TRMC, CMC City Secretary
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