06-01-10 MINUTES
REGULAR MEETING
June 1, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
June 1, 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 John Trayhan
Councilmember Jim Fowler Councilmember David Scagliola
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
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.
Oath of Office
A. Mayor Pro-Tem -Consideration and/or action regarding the appointment
of the Mayor Pro-Tem, term expires December 2010. Mayor Baldwin to
administer the oath (John Trayhan).
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve the appointment of John Trayhan as Mayor Pro-
Tem. Vote was unanimous. Motion Carried
Mayor Baldwin administered the oath of office to Councilmember Trayhan.
Mayor Baldwin recognized Mayor Tom Dailey City of Selma who was in audience this
evening.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
Mr. Leon Sposari, with the Schertz Professional Firefighters Association Local 4083,
invited Council and citizens to a Fundraiser charity event for two-year-old Reid Smith who
is fighting cancer. Reid is the son of Ruben and Tina Smith of Schertz. Ruben is a former
06-01-2010 Minutes
_ _ _
Schertz firefighter and currently works for the Bulverde-Spring Branch Fire Department,
which earlier held a fundraiser to help the family with medical expenses.
The event will be held on Saturday June 5, 2010 from 3 p.m. to 10 p.m. at Pickrell Park.
The event includes BBQ, bake sale, auction, live music, moon bounce and face painting.
An account has been set up at Randolph Brooks Federal Credit Union under Reid Smith
Fund account # 6662981 for anyone wishing to make a donation.
1. CONSENT AGENDA:
The following items maybe acted upon in one motion. No separate discussion or
action is necessary unless requested by the Mayor or a Councilmember, in which
event those items will be pulled for separate consideration:
lA. Ordinance No. 10-D-12 -Consideration and/or action approving an
ordinance amending and revising Chapter 86, Section 86-149, Parking Prohibited,
Westchester Drive. Final Reading (L. Dublin)
1 B. Ordinance No. 10-D-13 -Consideration and/or action approving an
ordinance amending and revising Chapter 86, Section 86-115, Maximum limits,
Nell Deane -Oak Street to FM 1518. Final Reading (L. Dublin)
1 C. Ordinance No. 10-D-14 -Consideration and/or action approving an
ordinance amending and revising Chapter 86, Section 86-41, Stop, Intersections -
designated, Ashley Park -Fresno Place, Emerald Point and Camaron Woods. Final
Reading (L. Dublin).
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Carpenter to approve the consent agenda items. Vote was
unanimous. Motion Carried
Discussion and/or Action Items
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 25, 2010.
Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by
Councilmember Fowler to approve the minutes of the Regular Meeting of May 25,
2010. Vote was unanimous. Motion Carried.
Mayor Baldwin recognized Councilmember Carpenter who stated that he needs to leave the
meeting this evening to attend an awards ceremony at his son's school and asked if he
could enter a motion to postpone agenda item #5 until the end of the meeting or until he
gets back. Council concurred.
2A. Veteran's Plaza Location: -Consideration and/or action regarding recommendation
of site location for Veteran's Plaza. ~
06-01-2010 Minutes Page - 2 -
Mayor Baldwin recognized Mr. Mike Espinola Sr., Commander of Cibolo Valley
VFW Post 8315 who came forward stating that he and staff committee members
had met and they had decided that the best location for the Veterans' Plaza would
be at the parkway at the Knights of Columbus. He asked if Council could assist in
providing water and electricity for the location, Council concurred, they would
assist in providing electricity and water to the final approved location.
Mayor Baldwin recognized Councilmember Edwards who asked if Council could
postpone consideration of the location after Council has met in executive session.
After some discussion, Mayor Baldwin recognized Councilmember Carpenter who
moved, seconded by Councilmember Edwards to postpone consideration of the
Knights of Columbus location until after executive session. The vote was 4-1-0
with Mayor Pro-Tem Trayhan voting no. Motion Carded.
3. Resolution No. 10-R-27 -Consideration and/or action approving a development
agreement between the City of Schertz Economic Development Corporation and
Lone Star Pet Supply, LTD., L.L.P.(J. Jewell)
Mayor Baldwin recognized Economic Development Director Jeff Jewell who
introduced this item stating that action requested of Council approves the
development agreement, which approves Schertz Economic Development
Corporation to reimburse Lone Star Pet Supply for the cost of the water pumps
necessary to provide adequate water pressure that was required by their insurance
company. The agreement stipulates that Lone Star Pet Supply will continue to
operate its entire facility and maintain at least 75 full-time employees until
September 20, 2013. If it discontinues operations before this time period, it will
reimburse the EDC the entire amount. The EDC board unanimously agreed to
reimburse the company for the cost of the pumps at its November 2009 and March
2010 meetings. Fiscal impact of $60,000 to be paid by EDC. The amount delivers
a 41 % ROI and a payback period of 2.6 years.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Mayor Pro-Tem Trayhan to approve Resolution No. 10-R-27. Vote was
unanimous. Motion Carried.
4. Annexation of Schwab Road/FM 482 - Second Public Hearing regarding
discussion and/or possible action by the City Council on matters related to the
proposed annexation. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that on April 20, 2010, the Schertz City Council began the process of
annexing approximately 241.80 acres in the Schwab Road/FM 482 area. A map of
the proposed area was shown, indicating that there are 16 tracts, and 12 owners. Of
those 16 tracts, 8 tracts are owned by 4 that have AG valued property. After
identifying property owners, which were AG valued, those property owners were
offered development agreements in lieu of annexation where they could choose not
to be annexed for a period of 10 years; not pay property taxes and not receive city
services, as long as they comply with the terms of the development agreement.
Those property owners were mailed a development agreement on May l 1, 2010,
06-01-2010 Minutes Page - 3 -
with a deadline to respond by Friday, May 28, 2010. Mr. Spain stated that as a
result of some of the concerns regarding the development agreement the Council
agreed to extend the deadline to Friday June 4, 2010. _
Mr. Spain also stated that he had discussed with the City Manager Don Taylor a
possible revision to the development agreement, which would apply to this situation
as well as the annexations taking place on I-10. This revision would allow for the
AG property owners which have a development agreement to convey part or all of
the property to family members or others either by deed or by will and should the
recipient of that land want to continue to use that property as AG exempt then they
could continue with that development agreement. He .recommended the following:
"if a land owner is in complete compliance with the development agreement and the
land that is covered by the development agreement is conveyed in whole or in part
by a land owner to a person or persons who notifies the City the conveyance and
who agrees to continue to fully comply with the provisions of the development
agreement, the City would enter into a new development agreement with that
person for the parcel for the remaining portion of the 10-year term of the original
development agreement." Mr. Spain stated that if Council concurs with the above
change he would need the Council to make a motion to make this revision to the
base development agreement.
Mr. Spain stated this is the second public hearing. The first reading of the
annexation ordinance is June 22, 2010 with final reading July 6, 2010, at which
time the annexation would be final. Mr. Spain stated that Ms. Sanchez has received
various calls from citizens concerning the annexation process and that she referred
all legal questions to legal council and that he was available to answer any of those
questions.
Councilmember Carpenter left at 7: 00 p.m.
Mayor Baldwin opened the public hearing and recognized the following:
• Marc, Marty and Larry Friesenhahn who stated that they were here to receive
the answers they voiced at the last meeting and again reiterated their concerns.
Mayor Baldwin stated that after the public heating the Council and staff would
address as many questions as possible, and that should they have further
questions, to please get with any one of the Councilmembers, staff or City
Attorney.
• Robert Brockman, 1000 Elbel Road who stated that last week he asked the
question about the curb cuts on FM 482, and his answer was that the city would
control those, he believes that this was an incorrect statement, that the state
controls and/or grants curb cuts and the statement was erroneous. He also asked
should the property owner's sign the development agreement and the
annexation does not pass, then where do the property owners stand. City
Attorney Michael Spain stated that the development agreements would only be
valid if the City Council voted to annex the property.
• Susan Seekatz 6185 FM482 who voiced concerns/questions regarding:
06-01-2010 Minutes Page - 4 -
- Question why Council came up with the 10 years and what happens after
the 10 years and they want to continue AG exempt. This was answered
by City Attorney Michael Spain stating this is based on the tax code and
just because you will be annexed, it would not change your AG exempt
status, it would be up to the property owner to provide the appropriate
documentation to the State to continue the AG use.
- Why isn't New Braunfels annexing them? This was answered by City
Attorney Michael Spain stating this property is already in the City of
Schertz ETJ and that this was done by agreement with New Braunfels a
couple of
years ago.
She stated that she spends her tax dollars in New Braunfels and wishes
to continue and that she never goes into Schertz. Mayor Baldwin
commented that he understands and that no one wants to ~ be annexed
but that this is for the City's future growth.
Because the City had just. received notification, the Mayor mentioned
that the City of Schertz received four 2010 Communicator Awards as
follows:
• Cover Design, Schertz Magazine (July 2008) -Award of Distinction
(Schertz Tales)
• Design, Festival of Angels (Billboard -Dec 2008)- Award of
Distinction (Public Affairs)
• Magazine Advertisement, Full Color, Artz (July 2009) -Award of
Distinction (Schertz Tales)
• General Design, Artz Campaign -Award of Distinction (Public
Affairs)
As no one else spoke, Mayor Baldwin closed the public hearing and called for
Council discussion.
Mayor, Council, City Attorney and Staff addressed and answered the questions
below, which were brought up at the last meeting:
• Why are we being annexed?
• AG owners option to take offer of development agreement
• Development agreement being non-negotiable
• Is subdividing an option on development agreement or not?
• Violation of agreement
• Historical presence
• The effect to the property AG exemption/transfer of ownership
• 911 system identification of tracts not in the City limits
• Emergency call distinction
• AG Exemptions/taxes
• What are the City obligations?
• Reasoning of the 10 year period
• Existing/future building compliance
06-O1-2010 Minutes Page - 5 -
Mayor Baldwin stated that no action is required at this time and that the first
reading of the ordinance would be held on June 22, 2010 at 6:30 p.m., at which time
citizens would have another opportunity to speak. Mayor Baldwin stated he would
suggest the property owner's contact Council and City staff with questions that
were not answered and if those questions are regarding the Development
Agreement then to get with City Attorney Michael Spain.
Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by
Councilmember Edwards to approve the proposed change to the base development
agreement as recommended by the City Attorney. Vote was unanimous. Motion
Carried.
5. Site Plan Review- Discussion regarding the Unified Development Code (UDC)
site plan review. (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that on May 18, 2010, Councilman Carpenter asked that
the UDC site plan approval process be revisited.
The UDC adopted on April 13, 2010 provided for a revision of Sec 21.3.3. C2 (with
conforming changes elsewhere in the UDC) to remove P&Z from the general site
plan approval process and to provide that approval process be handled
administratively by the Planning Division and Administrative Staff, with input from
representatives of P&Z, as a part of the construction plan review process.
Councilmember Carpenter arrived back at meeting at 7:35 p.m.
Ms. Sanchez stated at the City Council meeting of May 18, 2010, a specific use
permit (SUP) was presented for Ramming Paving on Nell Deane and FM 1518.
Consideration of the request included exterior landscape requirements, more
specifically the requirement for shrubbery first along FM 1518 and then along Nell
Deane. .The Parks, Recreation and Community Development Department had
pointed out during its pre-development review of the site plan that adequate
landscape shrubbery was not provided as required by the UDC. Staff prepared its
memorandum to P&Z (since P&Z continues to be a part of the SUP process)
regarding this case with the Parks Department's recommendation to approve the
site plan with the condition of installing adequate shrubbery along FM 1518 as
provided for in UDC Section 21.14.3. P&Z accepted that recommendation and
made that condition part of its motion and recommendation to City Council.
Subsequently, the City Council accepted the P&Z recommendation and added the
installation of shrubbery along Nell Deane.
To clarify review of development applications by P&Z and City Council, note the
difference under the current UDC between the handling of site plan review
(described above) and the handling of an SUP application.
• Remember that the SUP process determines the permitted "use" of a property either
because the UDC does not authorize the proposed use as one "permitted by right"
06-01-2010 Minutes Page - 6 -
within the zoning district or because the proposed use is either new or unlisted in
the permitted uses table.
• Section 21.5.11 Specific Use Permit (SUP) - requires a site plan
B.2 An application for a Specific Use Permit shall be accompanied by a site plan
prepared in accordance with Section 21.9.12. Approval of a site plan as part of a
Specific Use Permit shall meet the requirements for site plan approval. After
appropriate review, staff forwards a written recommendation to P&Z for
consideration.
C. Commission Recommendation - P&Z reviews the SUP application and
associated site plan, considers the staff recommendation, and makes a
recommendation to City Council.
D. Decision by City Council -final authority on the SUP application and
associated site plan.
CONCLUSION
Under the current UDC, the applications that require P&Z consideration and
recommendation are SUPS and zoning changes. The SUP process requires an
associated site plan as part of the approval process in the UDC, so P&Z and City
Council will continue to have an opportunity to review the SUP and associated site plan
and add conditions to the site plan as necessary for the type of use requested in the
SUP. The SUP and associated site plan will continue to be adopted by ordinance. Site
plan reviews which are not part of the SUP process will be handled administratively,
with input from P&Z representatives and all appropriate City Departments, which
reviews are very thorough and which, in the case of the property at 1518 and Nell
Deane, brought up the shrubbery issue. Staff recommends that the site plan approval
process remain as revised and adopted by City Council on April 13, 2010.
After a lengthy discussion with staff answering questions, Mayor and Council
concluded that the system in place was working. Council stated that they would
recommend that this be revisited in a year. City Staff stated that the UDC is on a yearly
review process and would provide a briefing as to how the site plan approval process
has worked. Mayor, Council concurred.
6. Resignations/Appointments/ Reappointments to Boards and
Commissions/Committees - Consideration and/or action regarding
resignations/appointments/reappointments to Boards and Commission/Committees.
• Re-appointment of: Robert Wallace, Aundra Davis, Sally Macias, Jeffrey
Siebert, and Samantha Henness to the Parks and Recreation Advisory
Board.
Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by
Councilmember Edwards to reappoint Robert Wallace, Aundra Davis, Sally
Macias, Jeffrey Siebert, and Samantha Henness to the Parks and Recreation
Advisory Board. Vote was unanimous. Motion Carried.
Mayor Baldwin adjourned into Executive Session at 9:25 p.m.
06-01-2010 Minutes Page - 7 -
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 10:01 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin stated that Council has some discussion regarding the site for the
Veterans Plaza and recognized Councilmember Edwards who stated that
Councilmembers discussed the location at the Knights of Columbus and are unsure
that this is the best and viable location. They had concerns on what it will look like,
size and visibility issues. They stated that before Council moves forward they would
like to get more details.
Councilmember Carpenter stated that Council agrees totally with the project and have
no problem at this time with the site location but would like to look at mock ups for
locations, the Knights of Columbus property and the location between the Recreation
Center and Library. Council had questions/concerns as to how large, what it will
look like, security, and seclusion/privacy.
Mr. Espinola agreed to provide mock ups of both sites. Mayor, Council and City
Manager thanked Mr. Espinola and Ms. Ruth Tienor for the great idea and hard work
on this project.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
There were no requests.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
There were no requests.
' 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
06-01-2010 Minutes Page - 8 -
Mayor Baldwin recognized Councilmember Fowler who reminded Council that he
would be out of the country for the next couple of weeks.
Mayor Baldwin recognized Councilmember Scagliola who stated that is was an
honor to serve as Mayor Pro-Tem.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who reminded Council of the
Employee Picnic scheduled for Sunday, June 6, 2010 at Pickrell Park.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourn the meeting at 10:20 p.m.
Ga~~
al Baldwin, Mayor
ATTEST:
Brenda Dennis, TR C, CMC City Secretary
06-O1-2010 Minutes Page - 9 -
i