07-27-10 MINUTES
REGULAR MEETING
July 27, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
July 27, 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 Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
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
SPECIAL SESSION
5:00 P.M.
• Candidate interviews for vacancy of City Council Place 3
Mayor and Council conducted interviews for the vacancy position of Council Place 3.
The following were interviewed:
• Mr. Bert Crawford Jr.
• Mr. Steve White
• Mr. George Antuna Jr.
• Mr. Robert Rolik
ADJOURNMENT
Mayor Baldwin adjourned the special session at 6:15 p.m.
REGULAR SESSION
6:30 P.M.
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.
HEARING OF RESIDENTS
07-27-2010 Minutes
Mayor Baldwin recognized the following:
• Mayor Tom Daley, City of Selma, publically thanked Mustapha Debboun and Dean
Medlick with the Parks & Recreation Commission for attending and providing
ideas at their recent meeting.
• Ms. Maggie Titterington, President Schertz Chamber of Commerce, who introduced
herself and reminded everyone about the Culinary Carnival Thursday, July 29,
2010, at 5:00 to 8:00 p.m. at the Schertz Civic Center.
• Deloris Topperwine, 10102 Dos Cerros, who spoke on drainage issues on FM 3009,
particularly Oak Ridge Street in Mesa Oaks Subdivision.
• Ms. Yolanda Suarez, 3808 Broughton, who spoke for the bond proposals submitted
by the Blue Ribbon Committee
• Mr. Johnie McDow, 3640 Prairie Lane, who spoke for the bond proposals
submitted by the Blue Ribbon Committee.
• Mr. Michael Dahle, 9120 E. FM 1918 N, spoke in favor of the agreement with
Gateway Planning and Planning & Zoning for a Master Plan.
• Mr. Robert Brockman, 1000 Elbel, who spoke on the need of a fire station on the
south side. He asked if the new zipper was in use, staff concurred. Mr. Brockman
also addressed the high weeds along the storage facility building belonging to Parks
and Streets.
• Mr. Garren Ritter, 1636 Osage Avenue, who spoke in support of the amended
Public Facility License Agreement with the Soccer Alliance.
• Mr. Steve Layton, 12231 Lost Meadows Drive, who spoke on the need of a Master
Plan on 78.
Discussion and/or Action Items
1. UDC Table 21.5.7A Dimensional requirements -Discussion regarding the UDC
Table 21.5.7A Dimensional requirements as requested by Council. (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item providing a brief PowerPoint regarding the 21.5.7.a table. Ms.
Sanchez provided the following alternative options for Council consideration:
• Option 1: Residential Form Base Zoning
Establishes zones of building types and flexibility in the types of uses. Controlled to
reflect neighborhood scale, parking standards, and pedestrian accessibility. Owners
and occupants are allowed maximum flexibility to determine how the buildings will
be used. She stated the City may set: minimum lot area, which is achieved at the
{ discretion of the developer, minimum lot width and lot depth or, minimum area and
minimum width, leaving the depth at the discretion of the developer.
• Option 2: Residential Density Base Zoning
Assigns a total permissible number of residential units. May build on any given
parcel of land using a base density. Environmental criteria would establish the
number of residential units that the land can reasonably accommodate. Allows for
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flexibility on the part of the landowner while encouraging and protecting
environmental features such as open space.
Ms. Sanchez stated that this approach places no restrictions on lot sizes or dwelling
types and may allow for any type of dwelling from detached housing to town homes
to apartments as long as the density does not exceed the maximum permitted.
• Option 3: Addition of new residential district(s) R-6A and R-7A
Ms. Sanchez stated that they would keep existing R6 and R7 due to the number of
remaining undeveloped lots that are master planned and platted. Create an R-7A
(alternative) to provide 7,200 sq foot minimum area lots (60 x 120) and an R-6A to
provide 7,800 sq foot minimum area lots (60 x 130).
Ms. Sanchez stated that any proposed development within the new R-7A and R-6A
that is vacant and unplatted would have to comply with the new "alternative" lot
sizes. Ms. Sanchez addressed Mayor and Councils questions.
Ms. Sanchez stated that the above options have been put together since it was the
desire of the Council to have diversity.
Mayor Baldwin recognized Councilmember Scagliola who stated that he appreciates
staff time in providing the additional proposals to the UDC.
Mayor Baldwin stated his opinion that he would like to scratch R6 and get rid of R7
unless the planned unit development has been factored in with the R7 lot sizes. He
stated that these areas would be addressed as the Master Development Plan is being
developed.
Mayor Baldwin recognized Councilmember Carpenter who indicated that he would
like to propose a moratorium on further development of R6 and R7 lots. Exempting
those that have approved master plan and/or plats
After further discussion, it was Council's desire to have the City Attorney draft a
moratorium for one year on: new applications for rezoning, new master plans, and
new plats within restricted zoning districts on everything except for RA, R1 and R2,
exempting those that have approved master plans and/or plats Councilmember
Carpenter requested this be brought back in two weeks.
Council concurred to allow staff and City Attorney to draft an ordinance regarding a
moratorium for one year until the Council has established new guidelines on
building residential stand alone properties in the city on everything except for RA,
R1 and R2 ,excluding anything that has already been designated as R6 and R7.
This would deal with any new application for zoning.
Mayor Baldwin left the dais.
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of July 20, 2010.
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Mayor Pro-Tem Edwards recognized Councilmember Scagliola who moved,
seconded by Councilmember Fowler to approve the minutes of the Regular Meeting
of July 20, 2010. Vote was 3-1 with Councilmember Carpenter abstaining. Motion
Carried.
3. Resolution No. 10-R-39 -Consideration and/or action approving a resolution for
the abandonment of Bridgestone Way and authorizing its sale for $10.00 to
Waagner Family Ltd. (D. Harris)
Mayor Pro-Tem Edwards recognized Assistant City Manager David Harris who
introduced this item stating that Bridgestone Way is currently owned by the City
and totals 0.775 acres. The road lies adjacent to GCR Tires off I-35; Waagner
Family Ltd, which leases the property to GCR, owns the property. Staff
recommends conveying Bridgestone Way to Waagner Family Ltd.
Mayor Pro-Tem Edwards recognized Councilmember Carpenter who moved,
seconded by Scagliola to approve Resolution 10-R-39. Vote was unanimous.
Motion Carried.
4. Resolution No. 10-R-40- Consideration and/or action approving a resolution
authorizing a professional services agreement with Gateway Planning Group, Inc.
(M. Spain/D. Harris)
Mayor Pro-Tem Edwards recognized Assistant City Manager David who
introduced this item stating that City staff recommends that the City enter into a
Professional Services Agreement (Schertz IH35/IH10 initiative) with Gateway
Planning Group, Inc. in connection with athree-year master planning- project for
North and South Schertz and a transportation plan to connect across FM 78 and the
Cibolo Creek. Estimated costs and funding are:
Funding Source
Cost Est. Travel Total General EDC Total
& Other Fund
Costs
FY 2009-10 106,125 10,613 116,738 35,000 81,738 116,738
FY 2010-11 333,625 33,363 366,988 137,000 229,988 366,988
FY 2011-12 159,000 15,900 174,900 87,450 87,450 174,900
Grand Total 598,750 59,875 658,625 259,450 399,175 658,625
Mayor Pro-Tem Edwards recognized Councilmember Carpenter who moved,
seconded by Councilmember Fowler to approve Resolution No. 10-R-40. Vote was
unanimous. Motion Carried.
Mayor Baldwin returned to the dais.
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5. Resolution No. 10-R-41 -Consideration and/or action approving a resolution
authorizing an Amended and Restated Public Facility License Agreement with
Schertz Youth Soccer Alliance. (M. Spain/G. Logan)
Mayor Baldwin recognized City Attorney Michael Spain and Parks & Recreation
Director George Logan who introduced this item stating the Schertz Youth Soccer
Alliance maintains the city-owned 42-acre soccer complex on Maske Road.
Because of numerous defaults by the Alliance, staff is recommending a revised
Public Facility License Agreement, which contains stricter reporting, and default
provisions. This agreement is initially to expire on October 31, 2010, but can be
extended by the City Council.
The City will receive the following:
- an annual licensing fee of $1;
- $10 per non-Schertz resident, per team season;
- $5 per participant or $25 per team for clinics, tournaments, and special
events
- 50% of parking revenue (if any); and
- 30% of utility charges. .
Beginning on October 1, 2010, the Soccer Alliance will make an annual (October 1)
donation to the Schertz Parks and Recreation Foundation in the amount of $5 per
participant, per season (not to exceed a total annual donation of $15,000). The City
will be responsible for 70% of utility charges and will maintain the existing lighting
systems and fencing.
Other provisions in the agreement include reshaping the governing board of the
Alliance to include four (4) members selected by the Soccer Alliance, and three (3)
representatives appointed by the City. The initial City representatives are Parks
Director George Logan, Finance Assistant Director Robert Galindo, and Parks
Manager Chuck Van Zandt. The President of the Board of Directors of the Soccer
Alliance shall be a resident of the City. Stricter reporting requirements are also
required including notification of Board meetings. Additionally, the document
requires the Alliance to immediately file for 501 c 3 status.
City Attorney Michael Spain indicated that earlier this afternoon Mr. Logan
received information that the Soccer Association for Youth of San Antonio would
no longer be a member of the Schertz Youth Soccer Alliance. That being said, Mr.
Spain indicated that the agreement would be revised to reflect that the agreement
would be between the City of Schertz and the Soccer Alliance, deleting reference to
the individual associations: Soccer Association for Youth of San Antonio, Greater
Randolph Area Youth Soccer Association and SA Lions Futball Inc. Therefore, the
revised agreement will be between the City of Schertz, Greater Randolph Area
Youth Soccer Association and SA Lions Futball Inc.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Scagliola to approve Resolution No. 10-R-41 with the corrections
to the agreement as stated above. Vote was unanimous. Motion Carried.
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6. Bid # 10-PW-25-C-04- Aviation Heights Water Line -Phase III -Consideration
and/or action awarding a bid to RTM Construction Co., LTD with a base bid of
$229,739.75. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating the Aviation Heights Water Line Phase III project consists of construction of
new water lines and relocation of services from the alleys to the street on Wright
Avenue and some interconnects on Randolph Blvd. This is part of the annually
allocated funding for upgrading the water system in the older part of Schertz.
Action requested of Council awards the bid for this project to RTM Construction
Co., LTD with a base bid of $229,739.75. The Engineer's estimate was
$350,426.50, the fiscal impact of $264,740 to come from the FY 2009-10 Water
fund.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to award the bid for Aviation Heights Water Line, Phase
III to RTC Construction Co., LTD in the amount of $229,739.75. Vote was
unanimous. Motion CaNYied.
7. Joint Community Care Project with Northeast Methodist Hospital -
Consideration and/or action allocating funds for a Joint Community Care Project
with Northeast Methodist Hospital. (D. Wait)
Mayor Baldwin recognized EMS Director Dudley Wait and Chief Executive
Officer Mark Barnard with Northeast Methodist Hospital who introduced this item
giving a brief PowerPoint presentation. Mr. Wait stated the care of cardiac arrest
victims has not progressed well. in the past 30 years; the save percentage is still 4-
5% nationally. To help improve the overall care of these cardiac arrest victims,
Northeast Methodist Hospital has expressed interest into entering into a partnership
with Schertz EMS to help purchase Automatic CPR Devices (LUCAS device) to
have enough for Schertz ambulance deployment. Schertz EMS will purchase three
devices, the Hospital will purchase two, and the Hospital will match Schertz EMS
purchase with another three devices, totaling eight. Action requested of Council
would approve the loan arrangement between the EMS and Water Department
enterprise funds. Fiscal impact will be a reduction of $45,000 in the reserve funds
of the Water Department Enterprise fund that will be repaid with interest by the
EMS Enterprise fund in no more than five years.
i
Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Carpenter to allocate funds for a Joint Community Care Project
with Northeast Methodist Hospital. Vote was unanimous. Motion Carried.
8. Proposed Budget Review Calendar -Consideration and/or action regarding the
proposed Budget Review Calendar. (D. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced
this item stating that before the Council is the proposed budget review calendar for
the FY 2010-11 budget. Assistant City Manager David Harris stated that beginning
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on August 3, 2010 through August 31, 2010 the Council will holding budget
workshops, which will start at 5:00 p.m.
Mayor Baldwin adjourned into executive session at 8:25 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 9:10 p.m.
RECONVENE TO REGULAR SESSION
9. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
10. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Carpenter who asked staff to prepare a
resolution thanking the City of San Antonio for working with the City of Schertz in
releasing the 3000 plus acres at 1518 & I-10. He wants members of Council and
staff to present it to the City Council of San Antonio.
11. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No Yequests made.
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 Councilmember Carpenter who stated that he would be
out of the state and would not be able to attend the next meeting.
Mayor Baldwin recognized Councilmember Fowler stated he attended the
following:
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• Thursday and Friday, July 22 and 23, attended the Texas Economic Council
Quarterly meeting in Tyler. He stated that Tyler is focusing on creative
ways to assist those with financial needs, i.e., small business start up funds, ~
financial budgeting classes, as well as basic checkbook classes. He will be
providing information to EDC of the different types of organizations that are
willing to help with financial issues.
Mayor Baldwin recognized Councilmember Scagliola who stated he attended the
following:
• Thursday, July 22, 2010, attended the Schertz Animal Services meeting and
the hot topic was puppy mills. He stated they would be meeting again on
August 5, 2010, and would be bringing back information to Council at a
further date.
• Ribbon cutting with the Chamber at the new Dental and Denture Center
across from Wal-Mart.
• Saturday, July 24, 2010, attended the movie in the Park event; he thanked
the Parks & Recreation Department, Time Warner, and the Marshal Office.
• Thursday, July 29, 2010, from 5:00 to 8:00 at the Civic Center will be the
Culinary Carnival.
Mayor Baldwin stated that Thursday morning, July 29, 2010, he would be in Austin
testifying for the Senior Citizen Housing project that was approved.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who stated that he would be
attending the Grand Opening of the Alamo University Center tomorrow morning at 10:00
a.m. in Live Oak.
Wednesday evening July 28, 2010, at 6:00 p.m., the Randolph Metrocom Chamber of
Commerce will be hosting an Elected Officials reception, which is being held at Olympia
Hills Golf & Conference Center.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjou d the meeting at 9:21 p.m.
i
Hal Baldwin, Mayor
ATTEST:
~ `
Brenda Dennis, TRMC, City Secretary
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