05-24-2011 MinutesNHNUTES
REGULAR MEETING
May 24, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 24,
2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building
#4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
City Secretary Brenda Dennis
Mayor Pro -Tern Michael Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Assistant City Manager John Bierschwale
City Attorney Michael Spain
CALL TO ORDER REGULAR MEETING
Mayor Baldwin 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.
PRESENTATIONS
A. Resolution No. 11 -R -28 — Consideration and/or action approving the 2011 recipients of the
Hal Baldwin Scholarship and resolving other matters in connection therewith. (M.
Carpenter/B. Cantu) (Lauren Durnford and Chelsey Evans)
Mayor Baldwin excused himself and turned the meeting over to Mayor Pro -Tem Carpenter
as he stepped away from the dais to present the scholarship checks.
Mayor Pro-Tern Carpenter recognized City Attorney Michael Spain who recognized the
following who are also on the Committee: Regina Agee, Steve White, Councilmember
Cedric Edwards, Councihnember Michael Carpenter, and Executive Assistant to the City
Manager Sarah Gonzalez. Mr. Spain stated on February 10, 2009, the City Council of the
City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for
his many years of public service to the City of Schertz by awarding deserving graduating
high school seniors who live in the City of Schertz and desire to pursue a career in public
service. The City Council appointed an Advisory Committee to assist the City Council with
the scholarship process by recommending potential scholarship winners to the City Council.
Action requested of Council approves the recipients of the 2011 Hal Baldwin Scholarship in
the amount of $1,000 each.
Mayor Baldwin stated it was a unanimous decision to award the scholarships to Lauren
Durnford and Chelsey Evans.
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Mayor Pro -Tem Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Antuna to approve Resolution No. 11 -R -28 awarding the scholarships to
Lauren Durnford and Chelsey Evans. The vote was unanimous. Motion carriers:
Mayor Baldwin presented the $1000 Scholarship to Lauren Durnford and Chelsey Evans.
CITY EVENTS
Announcements of upcoming City Events (D. Harris/J. Bierschwale)
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 ".
• Saturday, June 4, 2011, Reid Smith Benefit will be held at Pickrell Park starting at 3:30 p.m.
to 6:00 p.m. -
• Wednesday, June 22, 2011, 3:30 p.m. to 6:00 p.m. Welcome Reception for new City
Manager John Kessel at the Schertz Civic Center.
Hearing of Residents
Mayor Baldwin recognized the following:
• Mr. Carl Douglas, 2550 Woodland Village Place, who addressed the Council regarding
WellMed operating a for-profit organization out of the Senior Center. City Attorney Michael
Spain stated that the City does have signed contract with WellMed, he also stated that the
City went out for bids for an organization to provide health care services in the facility for
our seniors. He stated there is a payment received from WellMed that goes back into the
seniors program.
• Ms. Nichole Poston, 271 HiIlview Lane, who spoke regarding a complaint against a coach
for BVYA.
Workshop -- (Discussion by Council to provide guidance to staff)
A. Exceptions for Hens — Discussion and possible action regarding the request to keep
hens in residential back yard. (Mayor Baldwin/Z. Douglas)
Mayor Baldwin recognized City Attorney Michael Spain and Zach Douglas Animal
Control Supervisor, who addressed the issue of the hens being kept in a residential
back yard. According to the current ordinance Section 14 -32, it is a violation to keep
more than five animals of the same species; and Section 14 -118 it is a violation to
keep chickens that are not in pens, coops or enclosures, which shall be a distance of at
least 50 feet from every building/structure (other than the owner of such fowl) used
for sleeping, dining, or living and shall be kept in a sanitary condition and shall also
be kept in such a manner as well as be reasonably calculated not to become offensive
to neighbors or to the public.
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After considerable discussion, Council tasked staff to come up with a workable
ordinance and recommendation, working with the City Attorney and possible the
HOA. It was also decided that the Daugherty's may at this time keep the hens they
have, but put them in a coop until the City can review the ordinance and her request.
B. No Parking of Utility Trailers on Streets — Section 86 -149 "No Parking" —
Discussion and possible action regarding no parking of utility trailers on public
streets. (Council Scagiiola/M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who stated that Councilman
Scagliola asked if utility trailers may be parked on residential streets.
Section 86- 149(b) of the Code of Ordinances provides in part as follows:... trailer
houses, camping trailers, livestock trailers, ...boat trailers, or other trailers shall not
be parked, or stored on any city street, right -of -way, alleyway or casement except for
temporary parking by a customer in front of a commercial establishment. This shall
not restrict the parking of a commercial vehicle for the purpose of loading and
unloading.....The answer to Councilmember Scagliola's question is "no "; utility
trailers may not be parked on residential streets except for loading or unloading a
commercial trailer.
Mayor Baldwin removed agenda items 5 & 8 from the consent agenda to be acted on separately.
Consent Agenda Action Items
Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 17, 2011.
2. Ordinance No. 11 -D -12 — Consideration and/or action approving Ordinance No. I 1 -D -12, No
Parking Zone on Borgfeld Road from FM 3009 to Dietz Road city limits and amending the
City of Schertz Code of Ordinances revising Section 86 -149, Parking Prohibited; and providing
a repealing clause. Final Reading (L. Dublin/S. Willoughby)
3. Ordinance No. II -D -13 — Consideration and/or action approving Ordinance No. I1 -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. Final Reading (L. DubIin/S.
Willoughby)
4. 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. Final Reading (L. Dublin/S. Willoughby)
6. Scheduling a June 1, 2011 City Council and Senior Management Workshop Meeting and
Cancelling the May 31, 2011 Council Meeting -- Consideration and/or action scheduling a
Workshop Meeting on June 1, 2011 and cancelling the May 31, 2011 meeting. (D. Taylor/D.
Harris)
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7. Refund $2000 back to the General Fund - Consideration and/or action placing the $2000
budgeted for the Hal Baldwin Scholarship back into the General Fund due to the program
now being self - funded. (M. Spain/B. Cantu)
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Antuna to approve the consent agenda items 1 through 4, 6 & 7. The vote
was unanimous. Motion Carried
Discussion and /or Action Items
5. Ordinance No. I1 -S -15 — 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. Final
Reading (M. Sanchez/M. Spain)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who addressed
Mayor Pro -Tern Carpenter's concern regarding impervious coverage on swimming pools.
Mayor Pro -Tem Carpenter stated that he fully covered this issue last year and again wanted to
have the water surface area to be included in the impervious coverage area. After considerable
discussion it was recommend using the following language in the ordinance:
"Swimming pools shall be included in calculating the maximum impervious cover limitation,
unless the swimming pool is equipped with a water overflow- device appropriate for such pool,
and only if it drains into any pervious surface, in which case the water surface area of the
swimming pool shall be excluded."
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by
Councilmember Edwards to approve Ordinance No. 11 -2 -15 with the following change:
Swimming pools shall be included in calculating the maximum impervious cover limitation,
unless the swimming pool is equipped with a water overflow- device appropriate for such pool,
and only if it drains into any pervious surface, in which case the water surface area of the
swimming pool shall be excluded. The vote was 3 -2. Councilmembers Fowler and Scagliola
voted no due to the change which was included. Motion Carried
S. RFQ # 11- ENG- 11 -A -04 for Architectural Design for the Athletic Facilities Project —
Consideration and/or action awarding the Architectural Design for the Athletic Facilities
Project to Luck Design Team, LLC. (L. Dublin/L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who stated that action requested of
Council authorizes the City Manager to negotiate a contract with Luck Design Team, L.L.C.,
for Architectural Design Services for the Athletic Facilities. Mr. Dublin addressed Council's
questions.
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, - seconded by
Councilmember Edwards to approve RFQ # I1- ENG- 11 -A -04 for Architectural Design for
the Athletic Facilities to Luck Design Team, L.L.C. The vote was unanimous. Motion
Carried
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9. Resolution No. 11 -R -29 — Consideration and/or action approving a resolution by the City
Council relating to the annexation of approximately 3,310 +/- acres of property east of FM
1518, south of Schaefer Road, and north of I -10. (M. Spain/M. Sanchez)
Mayor Baldwin recognized City Attorney Michael Spain who stated that action requested of
Council authorizes the start of the annexation process for approximately 3,310 +/- acres of
property east of FM 1518, south of Schaefer Road, and north of I -10. Fiscal impact is still
being analyzed but will include:
Cost of annexation process (engineering and legal and internal staff).
The City will collect city taxes on the property after annexation is complete.
The City will be responsible for providing City services to the property after
annexation.
Mr. Spain stated that the first public hearing will be held on June 28, 2010, the second public
hearing will be held on July 5, 2011. The first reading of the ordinance will be July 26, 2011,
with the final reading of the ordinance on August 2, 2011. Mr. Spain stated he had provided
Council with two amendments to the resolution for their review:
WIIEREAS, the Land proposed to be annexed is generally undeveloped large tracts, and the
City Council'of the City finds that it is in the public interest that such Land be subject to the
City's development controls through annexation or development agreements in lieu of
annexation as described in Section 5 of this Resolution; and
WHEREAS, two areas in the City's extraterritorial jurisdiction are not included in the Land
to be annexed and, following this annexation, will be entirely surrounded by the City, and the
City Council of the City finds that it is in the public interest to exclude such property from
the Land to be annexed because such property is generally already developed and does not
present the immediate development concerns represented by the Land to be annexed; and
Mayor Baldwin recognized Edwards who moved, seconded by Councilmember Fowler to
approve Resolution No. 11 -R -29 with the above additions as stated by the City Attorney.
The vote was unanimous. Motion Carried.
10. Appointments/Reappointments/ Resignations to Boards and Commissions /Committees
— Consideration and/or action regarding appointments/ resignations to Boards and
Commission /Committees. (Mayor /Council)
Mayor Baldwin recognized Antuna who moved, seconded by Councilmember Edwards to
ratify the resignation of Ms. Amy McBreaty and appoint Mr. Bert Crawford as regular
member, filing Ms. McBreaty's unexpired term, and appointing Mr. Gordon Rae as Alternate
member of the Planning and Zoning Commission. The vote was unanimous. Motion
Carried
Mayor Baldwin adjourned into executive session at 7:49 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending or contemplated
litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase,
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exchange, sale, Iease, or value of real property; and Section 551.074 the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 8:49 p.m.
RECONVENE TO REGULAR SESSION -
11. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by
Councilmember Antuna that having concluded the contract negotiations with Mr. Kessel, move
to approve the contract in its final form as Council has reviewed it, and his initial salary at
$132,500. The vote was unanimous. Motion carried
Mayor and Council congratulated Mr. Kessel stating that they look forward to a long and
happy relationship.
Requests and Announcements
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who addressed the issue of a citizen
serving on two boards. City Manager Don Taylor stated that nothing prohibits someone from
serving on two boards as an alternate. Mayor Baldwin stated that as soon as a regular
position opens up the Interview Board will move him into that position. Mayor Pro-Tern
Carpenter requested that the Interview Board may want to look at this again.
Mayor Baldwin recognized Councilmember Edwards who reported 18 wheeled vehicles
parking in the lot next to where the Natatorium will be placed. City Engineer Larry Dublin
stated that the area where the vehicles are parking is not owned by the City.
14. Announcements by Mayor and Councilmembers
Mayor Baldwin recognized Councilmember Scagliola who announced he attended the
following last week:
• Police memorial ceremony
• EMS Extravaganza
Mayor Baldwin recognized Councilmember Antuna who stated that he attended the NPO
meeting last Wednesday in New Braunfels.
15. Announcements by City Manager
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Mayor Baldwin recognized City Manager Don Taylor who stepped down from the dias and
removed his name plate as "City Manager ". Mr. Taylor stated that this was his last official
meeting as the City Manager. Mr. Taylor addressed new City Manager John Kessel stating
that he is in for a good time and this is something he is going to enjoy. Mr. Taylor stated that
it has been the greatest six years; he has worked with the best Councilmembers during these
years and holds the greatest respect for them. He thanked the Mayor and Council for the
respect they have shown him in working with him as a team, and know that they will extend
that to Mr. Kessel. Mr. Taylor thanked Council and looks forward to working with all in his
new capacity as Police Chief.
Mayor Baldwin stated that it has been a real honor and experience to work with Mr. Taylor
over the past years and looks forward to working with Mr. Kessel and knows that it will be a
change.
ADJOURNMENT
As there was no further action, Mayor
Bald
ATTEST:
\B& da Dennis, TRMC, MMC City Secretary
adjourned the meeting at 9:02 p.m.
Mayor
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