05-17-2011 MinutesMINUTES
REGULAR MEETING
May 17, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 17,
2011, at 6:00 p.m., in the Municipal Complcx Council Chambers, 1400 Schertz Parkway, Building
#4, Schertz, Texas. The following members present to-wit:
Mayor HaI Baldwin
Councilmember Jim Fowler
Councilmember George Antuna
Mayor Pro-Tem Michael Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Mayor Pro-Tem Carpenter called the meeting to order at 6:00 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.
1. Oatb of Office -- (B. Dennis}
A. Newly Elected Officers -Oath of Office administered to Councilmembers George
Antuna, Place 3, Cedric Edwards, Place 4, and Michael Carpenter, Place 5.
City Secretary Brenda Dennis administered the oath of office to Councilmembers George
Antuna, Place 3, Cedric Edwards, Place 4, and Michael Carpenter, Place 5.
B. Certificates of Election -Presentation of Certif Cates of Election. (Mayor Hal Baldwin).
Mayor Pro-Tem Carpenter presented the Certificates of Election to Councilmembers
George Antuna, Place 3, Cedric Edwards, Place 4, and Michael Carpenter, Place 5.
PROCLAMATIONS
• Proclamation EMS Week May 15 -21, 2011 (Mayor Baldwin}
Mayor Pro-Tem Carpenter read and presented the proclamation to the members of the EMS
Department.
• CPR Campaign and Instruction (D. Wai#) (Please be prepared to learn the new CPR
Technique)
0.5-17-20ll Minutes
The EMS Department provided brief hands on instruction demonstration regarding the
new CPR Techniques. Members of Council and Staff participated in the demonstration.
PRES)CNTATIONS
• Marshal's Department - Presentation/update and introduction of new employees. {B.
Todd)
Mayor Pro-Tem Carpenter recognized Marshal Beverly Todd who provided information
regarding the duties, responsibilities, and activities of the Marshal's Office and their respected
areas. Mayor and Council thanked the departments for what they do for the City.
Mayor Baldwin arrived at 6:22 p.m.
Hearin of Residents
Mayor Baldwin recognized the fallowing;
Ms. Nadine Daugherty, 2945 Candleberry Drive, who spoke to Council regarding
perimission to continue housing her five hens in her back yard.
Mr. Ken Greenwald, 205 Westchester, who spoke regarding vacancies on the Region L.
Mayor Pro-Tem Michael Carpenter who spoke regarding the Hal Baldwin Scholarship
Committee meeting, announced the two recipients, Lauren Durnford and Chelsey Evans.
Mr. Carpenter requested that two items be placed on the next agenda (1) to refund the
$2000.00 that was funded out of the General Fund for the scholarships, (2) item to present
the scholarship awards.
Mayor Baldwin recognized Councilmember Cedric Edwards who introduced his wife, Mary and
two daughters, Chelsey and Chloe who were in the audience this evening. Mi•. Edwards thanked
his wife for her support.
Workshop -(Discussion by Council to provide uuidance to staffl
A. Resolution No. I1-R 23 -Consideration and/or action approving a Resolution regarding
an Amended and Restated Agreement with the Schertz Chamber of Commerce. (J.
BierschwalelM. Spain) (Item requested by Councilmember Edwards)
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Resolution No. 11-R-23 with one amendment, which
is to have the Chamber include a City of Schertz Table at each meeting. The vote was
unanimous. Motion Carried .
Consent A enda Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 10, 2011.
05-17-2011 Minutes Page - 2 -
2. Ordinance No. 11-5-11 -Consideration and/or action on a request to rezone approximately
23.72+1- acres of land from Single Family ResidentiallAgricultural District {R-A} to
Manufacturing District Light (M-1) and General Business District (GB}. The property is
more specifically described as a portion of the Richard Mockert Survey No. 316, Abstract
No. 497, County Block 5064, City of Schertz, Bexar County, Texas, generally Located on
Lower Seguin Road approximately 1,246 feet east of Loop 1604. Final Reading (M.
Spain/M. Sanchez)
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve the consent agenda items 1 & 2, The vote was
unanimous. Motion Carried
Discussion and/or Action Items
3. Ordinance No. I1-D-12 -Consideration and/or action approving Ordinance No. 11-D-12,
No Parking Zone on Borgfeld Road from FM 3009 to Dietz Road city limits and amending
the City of Schertz Cade of Ordinances revising Section 86-149, Parking Prohibited; and
providing a repealing clause. First Reading (L. Dublin/S. Willoughby)
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who stated it was very clear in the
backup material that was presented by staff and would like to move to approve.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter, who moved, seconded by
Councilmember Scagliola to approve first reading of Ordinance No. 11-D-12. The vote
was unanimous. Motion Carried.
4. Ordinance No, 11-D-13 -Consideration and/or action approving Ordinance No. 11-D-13,
No Parking Zone on Inglewood Drive between Wayward Pass to Savannah Drive to hours 6
a.m, to 6 p.m, and amending the City of Schertz Code of Ordinances revising Section 86-149,
Parking Prohibited; and providing a repealing clause. First Reading (L. Dublin/S.
Willoughby)
Mayor Baldwin recognized Councilmember Edwards who stated this item was also very
clear in the backup material that was presented by staff and would like to move to approve.
Mayor Baldwin recognized Councihnember Edwards who moved, seconded by Mayor Pro-
Tem Carpenter to approve first reading of Ordinance No. 11-D-13. The vote was
unanimous. Motion Carried
5. Ordinance No. 11-D-14 -Consideration and/or action approving Ordinance No. 11-D-14,
Permanent speed zone on Fairlawn Avenue, from 30' South of Mineral Springs Road to 167'
North of Ashwood Drive, and amending the City of Schertz Code of Ordinances revising
Section 86-115 Maximum Limits Generally on Specific Streets; and providing a repealing
clause. First Reading {L. Dublin/S. Willoughby
Mayor Baldwin recognized Cauncilmember Edwards who stated this item was also very
clear in the backup material that was presented by staff and would like to move to approve.
05-17-2011 Minutes Wage - 3 -
Mayor Baldwin recognized Councilmcmber Edwards who moved, seconded by Mayor Pro-
Tem Carpenter to approve first reading of Ordinance No. 11-D-14. The vote was
unanimous. Motion Carried
Mayor Baldwin recognized Mayor Pro-Tem Carpenter and Councilmember Edwards who stated
that they will have to be leaving the meeting to attend award ceremonies at their children's school,
but would return.
Mayor Pro-Tem Carpenter and Councilmember Edwards left at 6:~5 p.m.
6. Ordinance Na. 11.-5-15 - Conduct a public hearing and consideration and/or action
approving Ordinance 11-5-15 revising the City of Schertz Unified Development Code
(UDC} comprised of zoning, subdivision, and other related land use regulations by
superseding Ordinance 10-5-11. First Reading (M. Sanchez/M. Spain)
Mayor Baldwin recognized Development Services Michelle Sanchez who introduced this
item stating that action requested of Council is to conduct a public hearing and consider the
following changes to various Articles of the City of Schertz Unified Development. Code
(UDC):
- Article 4 - Procedures and Applications
- Article 5 - Zoning Districts
- Article 8 - Special Uses and General Regulations
- Article 9 - Site Design Standards
- Article 11 - Signs and advertising Devices
- Article 12 - Subdivisions
- Article 14 - Transportation
- Article 15 - Easements and Utilities; and
- Article 16 - Definitions
Items changed include the following:
^ Article 4 -Procedures and Applications
^ Sec 21.4.12. - Establishes a Finding of Fact for the Board of Adjustment
^ Sec 21.4.16 -Criteria for Approval of Building Permits -Utilities; that all public
infrastructure including electric, gas telephone and cable utility service be installed to
the development
^ Article 5 -Zoning Districts
^ Table 21.5.2 - Establishes a zoning category for Golf Courses; private or public and
amenities thereto.
^ Table 21.5.7.A -Changes maximum impervious coverage for R-1, R-2, and R-A
districts to 50 percent.
^ P & Z considered the Council's request to exempt swimming pools from the
maximum impervious coverage requirement and did not support it.
^ Article 5 -
^ Table 21.5.7.A - Establishes a minimum side yard setback for R-1, R-2, R-3, R-6, R-
7 and MHS to 10 feet; which will require a validity clause exempting subdivisions
vested under the current 2010 UDC.
^ Table 21.5.8 -Establishes tattoo parlors/studios as a permitted use in an M-1 zoning
district.
05-17--2011 Minutes Page - 4 -
^ Table 21.5.8. -Establishes that convenience stores with gas pumps in a GB, GB-2
and M-1 district requires an SUP (Special Use Permit).
^ Table 21.5.8. Omits the use of gasoline station/fizel pumps from NS (Neighborhood
Service) district and requires an SUP in a GB, GB-2 and M-1 district.
^ Article 8 -Special Uses/General Requirements
^ Sec 21.8.2.B. -Omits the rear yard area restriction of 40 percent for accessory
buildings, uses and structures and limits the number of accessory useslstructures on
lots of less than %z acre to no more than three {3}.
^ Article 9 -Site Design Standards
^ Sec 21.9.7.F--Add "Washingtonia Robusta" to the Iist of undesirable trees.
^ Sec 21.9.9.B 3 a -Omit the exemption of protected trees located within the building
footprint; they will have to be mitigated.
^ Article 9 -Site Design Standards
^ Sec 219.10.E - Establish a fee in lieu of park land dedication for multi-family
commercial and manufacture districts.
^ Article 11-Sign and Advertising Devices
^ Sec 2 L 11.S.K - Establish a maximum of two (2} menu boards, 32 square feet in area
for drive through service restaurant or restaurant drive up window or similar drive
through business. P & Z proposed to restrict menu board signs from facing the street
frontage.
^ Sec 21.11.8 -Establish that "Sign Area" shall be the total square footage of a single
face specif ed for each type of sign within Article 11.
^ Article 16 - Defuutions
^ Group Home -specialized lodging house and boarding hause providing long term
supervised housing for no more than three (3) persons ... having no more than two
(2) supervisory personnel in the residence at the same time.
^ Church, Temple, Place of Worship - clai7fies that the place of residence for ministers,
priests, nuns or rabbis on the premises shall be in a detached residential facility on the
same premises.
^ Impervious Coverage -means impermeable sw•faces which prevent the infiltration of
water into the underlying soil and bedrock.
^ Pervious Concrete -Concrete that is permeable as supported by an engineered
drainage study.
Mayor Baldwin opened the public hearing and recognized the following:
Robert Brockman, 1000 Elbel, who spoke regarding the Jack-In-The-Box
sign, which has four sides; City Attorney Michael Spain stated that Jack-In-
The-Box and others would be grandfathered, that this was for future restaurant
signs. He also asked about the warehouse parking issue and was it resolved in
regards to tractor trailer parking in parking spaces. Ms. Sanchez addressed the
parking size issue. He asked the question if there was a permit required for
banner;, Ms. Sanchez stated yes.
As no one else spoke, Mayor Baldwin closed the public hearing and Development Services
Director Michelle Sanchez and City Attorney Michael Spain addressed questions from
Council.
05-17-2011 Minutes Page - 5 -
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance 11-5-15 first reading. The vote was
unanimous. Motion Carried.
Mayor Baldwin moved to agenda item 11.
11. Announcements by City Manager
Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council of
the following upcoming events:
• Tomorrow, Wednesday, May 18, 2011, 11:30 a.m., Police Memorial will be held at the
Schertz Police Department.
• Saturday, May 21, 2011, EMS Extravaganza will be held at the Forum Shopping Center
parking lot.
• Sunday, May 22, 2011, EMS Dinner and Awards will be held at the Schertz Civic Center
starting at 6:00 p.m.
• June 1, 2011, Noon to 3:00 p.m,, Workshop Strategic Planning Review with Senior
Management and Council at the Schertz Civic Center "Bluebonnet Room".
• June 2, 2011, 3:30 p.m. to 6:00 p.m. Welcome Reception far new City Manager John
Kessel at the Schertz Civic Center.
• Saturday, June 4, 2011, Reid Smith Benefit will be held at Pickrell Park starting at 3:30
p.m. to 6:00 p.m.
Mayor Baldwin adjourned into executive session at 7:35 p.m.
EXECUTIVE SESSION
Called under Section SSL071 Texas Government Code Consultation with City Attorney
regarding Litigation, pending litigation; Section 551.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the City Manager.
Mayor Pro-Tem Carpenter and Councilmember Edwards return to the meeting at 8:10 p.m.
Mayor Baldwin reconvened into regular session at 9:34 p.m.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to appoint John Kessel as City Manager effective June 1, 2011. The
vote was unanimous. Motion Carrier
05-17-20ll Minutes Page - 6 -
Requests and Announcements
8. Requests by Mayor and Councihnembers that items be placed on a future City Council
agenda.
No items other than those requested by Mayor Pro-Tem Carpenter earlier, which were: (1)
Item refunding the $2000 back to the City of Schertz General Fund for the Hal Baldwin
Scholarship; (2) Item awarding the recipients of the 2011 Hal Baldwin Scholarship.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Councilmember Scagliola who requested information be
provide regarding Section 86-149 "No Parking" regarding the no parking of utility trailers
and who enforces this and how does someone go about reporting the violation.
10. Announcements by Mayor and Councilmembers
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who stated he appreciated the
confidence of the residents of Schertz to allow him to serve another term,
Mayor Baldwin recognized Councilmember Scagliola who announced he attended the
following last week:
• Thursday, May 12, 2011 he observed the Municipal Court that day and
applauded Judge Darrell Dullnig, Judge John Hrncir, Court Administrator,
Court Clerks, and Marshall's office far the work they do during Court.
• Friday, May 13, 2011, attended Steve Starr's retirement party
• Saturday, May 14, 2011, attended the Doggie Dash
• Tuesday, May 17, 2011, attended the Chamber luncheon where they
announced the winner of the Steve Simonson Award "Lisa Connelly" with
the Schertz Humane Society,
Mayor Baldwin recognized Councilmember Antuna who stated that he has been following
the news regarding the start of the new MPO being farmed with New Braunfels and Seguin
and would be forwarding emails which he had received.
11. Announcements by City Manager
Mayor Baldwin recognized Economic Development Director John Kessel who
presented the Mayor with one of his Titlist balls he found, that the Mayor had Iost
during the EMS Golf Tournament, which was held this past weekend. (Apparently, the
Mayor had smacked the ball so hard that it lost the insides)
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 9:41 p.m.
05-17--2011 Minutes Page - 7 -
r
ayor Bald in, Mayor
ATTEST:
~-
1
Brenda Dennis, TRMC, MMC City Secretary
05-17-2011 Minutes Page - 8 -