05-18-10 MINUTES
REGULAR MEETING
May 18, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
May 18, 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
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 Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
PRESENTATIONS
• Proclamation EMS Week May 17-22, 2010.
Mayor Baldwin recognized EMS Director Dudley Wait who asked that groups one
through six of the cardiac arrest survivors come forward to be recognized. Mr.
Wait introduced each survivor giving a briefing of his or her situation as well as
introducing the EMS/Fire Team Providers who responded.
Mayor Baldwin read and presented the proclamation to EMS Director Dudley Wait.
• Discussion and update on activities of the Blue Ribbon Committee (J.
Bierschwale/B.Cantu/B. Bailey)
Mayor Baldwin recognized Assistant to the City Manager Bob Cantu and Media
Relations Director Brad Bailey who provided to Council a final 2010 Schertz
Community Input Bond Questionnaire. Mr. Bailey explained the questionnaire in
detail answering questions from Council.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
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• Mr. Chris Montgomery, 12470 Ware Seguin, who spoke in favor of the changes
made to the UDC regarding fences and screening.
• Ms. Rosemary Grayson, 5213 Cabana, who spoke regarding the recent flooding at
Mobile Villa Estates and the revisions to the UDC regarding fences and screening.
• Henry Christopher, 5802 IH 10 West, who spoke in favor of the changes made to
the UDC regarding fences and screening.
• Robert Brockman, 1000 Elbel, who spoke regarding the parking lot lights at the old
Library still needing repair.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 11, 2010.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor
Pro-Tem Scagliola to approve the minutes of the Regular Meeting of May 11, 2010.
Vote was unanimous. Motion Carried.
2. 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. Final Reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that this is final reading of an Ordinance amending the
UDC with respect to fences and site plans. The only change from the first reading
is the revision of Section 21.9.8.A.l.b as follows:
b. Exception:
A fence not to exceed six feet (6') in height may be installed in the front
yard of property located in a Residential Agricultural (RA) District which is not in a
mandatory homeowners' association or within the jurisdiction of a mandatory
architectural review committee and which contains a minimum of two (2) acres.
ii A fence not to exceed six feet (6') in height may be installed in the front
yard of property located in a Residential Agricultural (RA) District which is in a
mandatory homeowners' association or within the jurisdiction of a mandatory
architectural review committee with the written approval of the homeowners'
association or the architectural review committee, which approval must accompany
the application for fence permit.
iii Any such fence under this paragraph (b) shall be anon-opaque decorative
fence which shall not interfere with the sight visibility triangle as required by this
UDC or any other applicable City ordinances."
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve Ordinance No. 10-5-11 final reading Vote was
unanimous. Motion Carried.
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3. 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 1.657, generally located at
the northeast corner of FM 1518 and Nell Deane Road. Final Reading (M. Sanchez).
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that this is final reading of Ordinance No 10-5-09. At
first reading, the City Council moved to approve the recommendation by the
Planning and Zoning Commission to approve the Specific Use Permit in accordance
with the conditions set by the Planning and Zoning Commission with the additional
requirement to completely screen the fence line along Nell Deane with shrubbery as
follows:
1) Completely screen the fence line along FM 1518 and Nell Deane with
shrubbery.
2) Remove Conex containers within 6 months; or if made permanent they will
be required to be completely screened with .shrubbery directly adjacent to
the Conex containers and they shall not be stacked more than one in height.
Staff recommends Council approve the final reading of Ordinance No.10-S-09.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-5-09 final reading. Vote was
unanimous. Motion Carried.
4. 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. Final Reading (M.
Spain/M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that no changes were made since first reading and
recommends approval.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Carpenter to approve Ordinance No. 10-A-10 final reading. Vote was
unanimous. Motion Carried.
5. Resolution No. 10-R-24 -Consideration and/or action approving a resolution
authorizing a form of Development Agreement with owners of property proposed to
be annexed which is valued for agricultural, wildlife management, or timberland
use, and other matters in conjunction therewith. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that Section 43.035 of the Texas Local Government Code, as amended,
requires that the City offer to the owners of land proposed to be annexed which is
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appraised for ad valorem tax purposes as agricultural, wildlife management, or
timber land use to enter into a Development Agreement in lieu of annexation for a
period of not to exceed 15 years. The City proposes to offer aten-year
Development Agreement in the form attached to the attached Resolution No. 10-R-
24.
Mr. Spain further stated the Resolution authorizes the City Manager to enter into a
Development Agreement with particular properties, that any departure from the
Development Agreement would require City Council approval. Mr. Spain answered
questions from Council.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Resolution No. 10-R-24. Vote was unanimous.
Motion CaNried.
6. Resolution No. 10-R-25 Consideration and/or action approving a resolution
authorizing an Operating Agreement with the Comal County Senior Citizens'
Foundation and other matters in connection therewith. (M. Spain/B. Cantu)
Mayor Baldwin recognized Assistant to the City Manager Bob Cantu who
recognized Mr. Robert Lopez Executive Director with the Comal County Senior
Citizens' Foundation, Operations Manager Mary Durham and Roy Stewart
Treasurer of the Senior Hot Meals Program. Mr. Cantu introduced this item stating
that the City Manager signed anon-binding Letter of Intent with the Comal County
Senior Citizens' Foundation (the "Foundation") to have the Foundation operate a
senior citizens' program providing nutritional and social services to Schertz area
seniors at a City-owned .facility, pursuant to an Operating Agreement between the
City and the Foundation.
On Apri127, 2010, the City Council authorized an Operating Agreement for such
program if the Operating Agreement is consistent with the Letter of Intent. The
final Operating Agreement contains several provisions which were not in the Letter
of Intent (Sections 3.01(m), (n), and (p), 4.01(b), (e)(ii), (g), (i), (j), (k), (1), and (m),
and 4.02) and provides fora 29-month term (to coordinate the end of the term with
the end of the City's fiscal year).
The City will provide the old City Library as the location of the senior citizens'
program and will pay the Foundation $3,500 per month for two years to operate the
program. The City will also provide certain additional assistance as described. The
Foundation will make facility improvements and install necessary equipment and
furnishings.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 10-R-25. Vote was unanimous
Motion CaNried.
7. Resolution No. 10-R-26 -Consideration and/or action approving the 2010
Recipient of the Hal Baldwin Scholarship, and resolving other matters in
connection therewith. (J. Trayhan/M. Carpenter/M. Spain)
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Mayor Baldwin excused himself and turned the meeting over to Mayor Pro-Tem
Scagliola as he stepped away from the dais for this item.
Mayor Pro-Tem Scagliola recognized City Attorney Michael Spain who recognized
the following who are also on the Committee: Regina Agee, Steve White,
Councilmember John Trayhan, Councilmember Michael Carpenter and Executive
Assistant to the City Manager Sarah Gonzalez. Mr. Spain introduced this item
stating that on February 10, 2009, the City Council established the Hal Baldwin
Scholarship and on January 5, 2010, the City Council appointed an Advisory
Committee to assist the City Council with the Scholarship process for 2010. Action
requested of Council approves the recipient of the 2010 Hal Baldwin Scholarship in
the amount of $1,000. Mr. Cantu stated that it was a unanimous decision to award
the scholarship to Keeley Ckodre.
Mayor Pro-Tem Scagliola recognized Councilmember Carpenter who moved,
seconded by Councilmember Fowler to approve Resolution No. 10-R-26 awarding
the scholarship to Keeley Ckodre. Vote was unanimous. Motion Carried.
Councilmember Carpenter requested that staff invite Keeley to come to the next
meeting.
Mayor Baldwin returned to the dais.
8. Resignations/Appointments/ Reappointments to Boards and
Commissions/Committees - Consideration and/or action regarding
resignations/appointments/reappointments to Boards and Commission/Committees.
• Resignation of Cedric Edwards from the Planning & Zoning Commission.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded
by Councilmember Carpenter to ratify the resignation of Cedric Edwards
from the Planning & Zoning Commission. Vote was unanimous. Motion
Carried.
• Appointment of: Christian Glombik as regular member, and move Timothy
"Jake" Jacobs as alternate 1, and appoint Amy McBrearty as alternate 2, to
the Planning and Zoning Commission.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved,
seconded by Councilmember Trayhan to appoint Christian Glombik as a
regular member, move Timothy "Jake" Jacobs as alternate 1, and appoint
Amy McBrearty as alternate 2, to the Planning and Zoning Commission.
Vote was unanimous. Motion Carried.
• Resignation of: Tracy Bean from the Traffic Safety Advisory Commission
(TSAC).
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Mayor Baldwin recognized Councilmember Trayhan who moved, seconded
by Mayor Pro-Tem Scagliola to ratify the resignation of Tracy Bean from
the Traffic Safety Advisory Commission (TSAC). Vote was unanimous.
Motion Carried.
• Appointment of: Deborah Stone as regular member to the Traffic Safety
Advisory Commission (TSAC).
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved,
seconded by Councilmember Trayhan to appoint Deborah Stone as a regular
member to the Traffic Safety Advisory Commission (TSAC). Vote was
unanimous. Motion Carried.
• Resignation of: Matthew Duke from the Economic Development
Commission (EDC).
Mayor Baldwin recognized Councilmember Fowler who moved, seconded
by Mayor Pro-Tem Scagliola to ratify the resignation Matthew Duke from
the Economic Development Commission (EDC). Vote was unanimous.
Motion Carried.
Mayor Baldwin adjourned into Executive Session at 7:50 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.
Mayor Baldwin reconvened into regular session at 8:50 p.m.
Mayor Baldwin recognized City Manager Don Taylor who stated that the City of Schertz
has a brand new citizen, Addison Pruitt. Mr. Taylor stated that Addison was born today
and is the newest granddaughter to Assistant City Manager John Bierschwale.
9. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded
by Mayor Pro-Tem Scagliola that the City Council authorize payment of
$1,650 for acquisition through condemnation of a sewer line easement.
Such property is shown in the County real estate records as being owned by
Homecraft Corporation, a defunct non-existing Corporation, and as a result,
the payment will be made payable to the "District Clerk of Guadalupe
County, Texas" and deposited with the Court. Vote was unanimous. Motion
Carried.
Requests and Announcements r
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10. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Carpenter who asked if he could get
two other Councilmembers to agree to place on a future agenda to revisit the site
plan approval process. Councilmember Carpenter believes that if agenda item 3
had not gone to planning and zoning for review, would the staff have been able to
make such recommendations. Councilmembers Edwards and Mayor Pro-Tem
Scagliola concurred to place this item for discussion on the June 1, 2010 agenda.
11. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Councilmember Fowler who asked if staff could look
into the sound quality in the Chambers. Councilmember Fowler stated that he and
others are having difficulty in hearing. City Manager Don Taylor stated he would
have IT look into this.
Councilmember Fowler also asked for a status report on the possibility of redoing
Lazy Oaks Drive as requested by the homeowners. City Engineer Larry Dublin
stated that they are looking for funds and believes that once the zipper is available
this street will be on next years list of roads.
Mayor Baldwin asked if City Staff had contacted Universal City regarding the dirt
piles next to the creek in the park East on Aviation. City Engineer Larry Dublin
stated that he would take care of this.
12. 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:
• Schertz Chamber Luncheon today, Tuesday, May 18, 2010 where they announced
the winner of the "Steve Simonson Award". He stated he would not reveal the
recipient at this time, as it will be announced at a later date.
13. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
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Mayor Baldwin recognized City Manager Don Taylor who stated that he, Assistant City
Manager John Bierschwale as well as the Mayor were called last night to come out to the
drainage ditch between Lowe's and Mobile Villa Estates.
Mr. Taylor stated that he, City Engineer Larry Dublin and Superintendent Jim Hooks went
down to the drainage ditch this morning to evaluate the situation. Mr. Taylor stated that he
spoke to Mr. John Lougher, the citizen who was flooded last year as well as the other
neighbors that live next to him. Mr. Taylor said that Mr. Lougher said that the ditch moved
the water; the problem was the additional amount of water coming off the parking lot and
Lowe's roof, which caused the water to go over the ditch and flow underneath the mobile
homes, but did not move or damage their homes.
Mr. Taylor also stated that he and City Engineer Larry Dublin would be contacting and
getting with the engineers of Lowe's to come up with a way to get the pressure off the
drainage ditch from the parking lot and roof. Mr. Taylor stated that Lowe's would probably
have to build a retention pond to delay the water so that the pressure that is coming into the
ditch will hold.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourn the meeting at 9:10 p.m.
o~~~'
Hal Baldwin, M yor
ATT T:
Bren a Dennis, TRMC, CMC City Secretary
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