05-11-10 MINUTES
REGULAR MEETING
May 11, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
May 11, 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 Cedric Edwards Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager David Harris
Assistant City Manager John Bierschwale City Attorney Michael Spain
City Secretary Brenda Dennis
SPECIAL SESSION
Call to Order
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.
Mayor Baldwin recognized the following that were in attendance this evening:
• SCUC ISD Superintendent Dr. Greg Gibson
• SCUC ISD Board Member Gary Inmon
• Mayor Elect Tom Dailey City of Selma
1. Resolution No. 10-R-23a -Consideration and/or action regarding approving a
resolution tabulating and canvassing the results of the May 8, 2010 General and
Special Election. (Mayor Baldwin)
Mayor Baldwin recognized City Secretary Brenda Dennis who read the following
into record: The canvass showed the following results:
Early Election Day Total
Votes Votes Votes
MAYOR
Michael R. Carpenter 322 226 548
Hal Baldwin 373 362 735
PLACE 1
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Jim Fowler 568 463 1031
PLACE 2
David L. Scagliola 553 472 1025
PLACE 4
Steve White 189 132 321
Douglas N. Becker 55 31 86
Cedric Edwards 239 255 494
Mark Marquez 41 43 84
Carl Douglas 131 91 222
The total of votes cast during early voting was 695 by personal appearance, and 588
votes were cast on Election Day. The total number of votes cast in this election was
1283.
Hal Baldwin Is hereby declared to have been elected to Mayor.
Jim Fowler Is hereby declared to have been elected to the Office of Council
Member Place 1.
David L. Scagliola Is hereby declared to have been elected to the Office of Council
Member Place 2.
Cedric Edwards Is hereby declared to have been elected to the Office of Council
Member Place 4.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Resolution No. 10-R-23a. Vote was
unanimous. Motion Carried.
2. Oath of Office - (B. Dennis)
A. Newly Elected Officers -Oath of Office administered to the Mayor and
Council Members in Places 1, 2 & 4.
City Secretary Brenda Dennis administered the oath of office to Mayor Hal
Baldwin, Councilmember Jim Fowler, Councilmember David Scagliola and
Councilmember Cedric Edwards.
Mayor Baldwin recognized and introduced his wife Barbara, Councilmember
I Fowler recognized and introduced his wife Pat. Mayor Baldwin,
Councilmember Fowler, Scagliola and Edwards thanked everyone for their
support and stated they look forward to serving the community.
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B. Certificates of Election - Presentation of Certificates of Election.
City Secretary Brenda Dennis provided Mayor Hal Baldwin his Certificate of
Election. Mayor Baldwin presented Councilmember Jim Fowler,
Councilmember David Scagliola and Councilmember Cedric Edwards with
their Certificates of Election.
REGULAR SESSION
PRESENTATIONS
• Proclamation Public Works Week May 16-22, 2010.
Mayor Baldwin read and presented the proclamation to Public Works Director Sam
Willoughby and his crew.
HEARING OF RESIDENTS
' Mayor Baldwin recognized the following:
• Steve White, 805 Main Street who addressed the Council publically recognizing the
efforts of City Secretary Brenda Dennis who assisted him during the election
process.
• David Richmond, 2921 Bent Tree Drive who addressed and updated the Council
regarding San Antonio's stricter Tree Ordinance.
• Henry Christopher, 5802 NW Expressway, San Antonio Developer who stated his
concerns related to agenda item 4 regarding set backs and the differentiation
between different tract sizes.
• Chris Montgomery, 12470 Ware Seguin Road who also addressed the Council
regarding agenda item 4 and asking Council to consider giving the authority to the
homeowner in regards to the types, size, and height of fencing.
Discussion and/or Action Items
3. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 4, 2010.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve the minutes of the Regular Meeting of May 4,
2010. Vote was 3-0-2 with Councilmembers Fowler and Edwards abstaining.
Motion Carried.
4. Ordinance No. 10-5-11-Consideration and/or action on a proposal to revise Section
21.9.8 Fences and Screening and Section 21.9.12 Site Plans of the Unified
Development Code. First Reading (M. Sanchez)
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Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item answering questions from Council. Ms. Sanchez provided a brief
PowerPoint presentation regarding the types of fencing within the city specifically in
the rural areas. Ms. Sanchez stated that action requested of Council approves an
ordinance amending the UDC to add the exception that fences in the front yard of
residential and agricultural properties, which are not in a mandatory homeowners'
association, and which contains a minimum of two acres cannot exceed six feet. A
fence in the front yard of properties which are in a mandatory homeowner's
association can be installed and not exceed six feet with written approval of the
homeowner's association. City Council addressed concerns and questions regarding
the change in the setbacks, recommendation for a minimum of two acres lot sizes,
cannot exceed six feet, density, approval of homeowner's associations, as well as the
types of fencing.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-5-11 first reading adding the
language that allows for property in a Residential Agricultural District, which is not
in a mandatory Homeowner's Association but which has a mandatory Architectural
Review Committee be allowed to build a fence not to exceed six feet as long as it is
approved by the Architectural Review Committee. Vote was unanimous. Motion
Carried.
5. Ordinance No. 10-5-09 -Consideration and/or action approving an ordinance on a
request to permit an equipment storage facility in the Air Installation Compatible Use
Zone (AICUZ), Accident Potential Zone-1 (APZ-1) for Lots 31 and 32, Block 1 of
the Nell Deane Subdivision consisting of approximately 1.657f, generally located at
the northeast corner of FM 1518 and Nell Deane Road. First Reading (M. Sanchez).
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item providing a brief PowerPoint presentation answering questions
from Council. Ms. Sanchez stated that action requested of Council approves an
ordinance granting a special use permit for an equipment storage facility for lots 31
and 32, block 1 of the Nell Deane Subdivision. The Planning and Zoning
Commission moved to forward a recommendation to Council to approve the specific
use permit on Apri128, 2010 with conditions including screen fencing of property and
the removal of all containers within six months.
Councilmembers addressed the following concerns:
• issues of screening being necessary along the fence line of FM 1518 and Nell
Deane Road
• eliminating the slats in the fencing
• Complete six -foot shrubbery screening along Nell Deane & FM 1518.
i
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Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-5-09 first reading adding the
language "and in accordance with the recommendation of the Planning and Zoning
Commission, plus with complete shrubbery screening along the fence line of Nell
Dean. Vote was unanimous. Motion Carried
6. Ordinance No. 10-A-10 -Consideration and/or action approving an ordinance
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. First Reading (M. Spain/M.
Sanchez)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
answering questions from Council. Mr. Spain stated that action requested of
Council annexes two lots consisting of a total of approximately 4.676 acres owned
by Bexar County and part of the Crescent Bend Park. No fiscal impact, properties
will not be on tax rolls and recommends approval.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro-Tem Scagliola to approve Ordinance No. 10-A-10 first reading. Vote was
unanimous. Motion Carried.
Mayor Baldwin recognized City Manager Don Taylor who publically thanked and
extended his appreciation to Ms. Sanchez and her staff for their diligent work on
several projects during the last month. City Manager Don Taylor asked if
Development Services Director Michelle Sanchez could update the Council at this
time regarding two issues of interest. Mayor and Council concurred.
Ms. Sanchez gave the Council the following updates:
• Council voted on April 27, 2010 to postpone the zoning change of 83.61
acres known as Cypress Point Subdivision at I-35 and Eckhardt Road and
send it back to the P&Z for their reconsideration. Planning staff met with the
applicant and the applicant has chosen to modify the zoning change request,
which will take more than 30 days due to publication and notification
requirements of another public hearing. It will likely be brought back to
Council in July.
• Clarification -during discussion of the I-10 and FM 1518 annexation last
Tuesday (May 4), Mr. Carpenter asked what other types of uses are allowed in
Residential Agricultural (RA). Although residential and agricultural uses are
generally the primary type use, churches and schools are also allowed in RA
Districts.
Mayor Baldwin adjourned into Executive Session at 8:11 p.m.
EXECUTIVE SESSION
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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.
Mayor Baldwin reconvened into regular session at 8:34 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Trayhan that the City Council authorizes the payment of $9,100 to
Mr. Allen Jung, Jr. and the payment of required court costs and commissioners fees,
in connection with the condemnation of a sewer line easement in connection with
Town Creek Sewer Line, Phase II. mote was unanimous. Motion Carried.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who reminded staff that the
Council needs to appoint a new member and alternate to the Planning and Zoning
Commission. City Secretary Brenda Dennis stated that this item would be on the
next Council agenda for consideration.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin stated that the Senior Citizens at their Hot Meals Program asked if
the City could repaint a crosswalk at Pecan so they could walk on the sidewalk and
cross safely to our parking lot. City staff stated that it would be done. Mayor
Baldwin also asked if staff could look at Universal City, if you go up East on
Aviation and look in their park they are dumping tons of dirt next to the creek and
he is concerned that they could be filling in the floodway, which could push more
water toward Aviation. He asked if staff could contact Universal City's
engineering department. Staff concurred that they would contact them.
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
• Upcoming City Council agenda items
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended the
following:
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• Saturday May 8, 2010 he attended the 54th Annual Sausage Festival in Cibolo at
Nimitz Park for their Fire Department to show its support for the Fire Fraternity.
Mayor Pro-Tem Scagliola thanked City Secretary Brenda Dennis for the
professionalism, expertise and coordination during the election.
Mayor Baldwin recognized Councilmember Trayhan who publically congratulated
Mayor Baldwin, Councilmembers Fowler, Scagliola and Edwards stating he looked
forward to working with them.
Mayor Baldwin recognized Councilmember Fowler who welcomed Councilmember
Edwards on the council and looks forward to working with him.
Mayor Baldwin stated that as a result of the election he is proud to be the Mayor for the
next two years and looks forward to working with a full Council and welcomes
Councilmember Edwards to the group.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant to the City Manager Bob Cantu who briefed the
Council on the activities of Comal County Senior Citizens stating that staff will be bringing
to Council for consideration an operating agreement.
Mayor Baldwin recognized City Manager Don Taylor who stated that Council might want to
talk to Mr. Cantu regarding the activities that are planned for the senior center. He mentioned
that Mr. Cantu has been working very hard planning and executing the agreement,
congratulating him on a great job.
Mayor Baldwin recognized Assistant City Manager David Harris who requested that Council
make note of the following dates and activities:
• May 25, 2010 Council Portraits - 6:00 p.m. in the Council Conference Room
• May 22, 2010 Doggie Dash
• June 6, 2010 Employee Picnic at Pickrell Park
Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded Council
of the Police Officer Memorial at 11:30 a.m. tomorrow, Wednesday, May 12, 2010. Mr.
Bierschwale also stated that at the next meeting he would be giving a briefing on the results
of the Blue Ribbon Panel.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:45 p.m.
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al Baldwin, Mayor
ATTEST:
B da Dennis, TRMC, MC City Secretary
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