06-28-2011 MinutesMINUTES
REGULAR MEETING
June 28, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 28,
2011, at 5:00 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 David Scagliola
Councilmember Michael Carpenter
Staff Present: City Manager John Kessel
Assistant City Manager David Harris
City Attorney Katherine Tapley
Mayor Pro-Tem Jim Fowler
Councilmember Cedric Edwazds
Assistant City Manager John Bierschwale
City Attorney Michael Spain
City Secretary Brenda Dennis
Councilmember George Antuna x~as absent
Mayor Baldwin called the meeting to order at 5:00 p.m. and moved into executive session at 5:01
p.m.
EXECUTIVE SESSION - S:UO u.m.
Called under Section 551.072 Texas Government Code -Deliberation regarding the purchase,
exchange, sale, lease, or.value of real property.
City Council adjourned executive session at 5:50 p.m.
CALL TO ORDER REGULAR MEETING
Mayor Baldwin. called the meeting to order at 6:00 p.m. and welcomed everyone in attendance.
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.
CITY EVENTS
• Announcements of upcoming City Events (D. Harris/J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who provided the
following information:
Exciting news: The Parks and Recreation Foundation was able to secure a laser
light show in lieu of fireworks. On Juiy 4th at 9:00 p.m. -Star Spangled Laser
Spectacular sponsored by Grumpy's Mexican Cafe and the Foundation. Mr.
Bierschwale thanked the Parks Foundation, Jake Jacobs, and particularly Grumpy
06-2$-2011 Minutes
for securing the fitnding for the event. Mr. Bierschwale stated activities for the July
4a' event starts on July 1St and all information regarding the event can be found on
the City's website.
Mayor Baldwin recognized Assistant City Manager David Harris who provided the
following information:
- Wednesday, June 29, 2011, 3:00 p.m. -Ribbon Cutting at Pastry Bliss, 1420
Schertz Parkway, Suite 270
- Thursday, June 30, 2011, 5:30 p.m. - 7:00 p.m. -Schertz Chamber of Commerce
Ambassador Mixer - at the Schertz Chamber and Visitors Center
- Friday, July 1, 2011, through Monday, July 4, 2011, 4t~ of July Jubilee -see City
Website for detailed information.
- Monday, July 4, 2011, 9;30 a.m. Schertz 4tf' July Paxade and at 9:00 p.m. -Star
Spangled Laser Spectacular, sponsored by Grumpy's Mexican Cafe.
- Tuesday, July 12, 2011, 4:00 p.m. - to 5:30 p.m. -Photo Shoot, Council Chambers
Con#'erence Room.
Hearin of Residents
Mayor Baldwin recognized the following who spoke:
Mr. Michael Dahle, 9120 E. FM 1518, who agreed to the changes being presented
this evening to the development agreements, stating these are beneficial and helpful
to the properties that are Ag-accessed. He also stated he requested the Council to
consider similar changes to the Unified Development Code (UDC}.
Mr. Bob Lindorfer, 1281G Lower Seguin Road, who came forward asking for answers
to the status of the Lower Seguin Road Project and asked that this be placed on a
fiiture agenda. Mr. Lindorfer asked for a copy of the plans. Mx. Lindorfer also
thanked the Council for the changes being proposed in the development agreements
stating that there might be the need fox more changes necessary after all the meetings
with the residents, as their way of life is different.
Mr. Lloyd Fairley, 12310 Lower Seguin Road, who came forward asking for
clarifications to the proposed changes in the development agreement. Would the
changes and regulations be the same as regulated by the County as in the past?
Consideration be given in the UDC that would allow the continuance of their
agricultural activities on his property. He also requested the City give variances to
thane that wish to improve theix property.
Mrs. Jen Fairlcy, 12310 Lower Seguin Road, who came forward providing
information about the area and her passion for the City allowing them to continue
their land use.
Mr. Gary Fairley, 12310 Lower Seguin Road, who came forward also asking for
clarifications to the proposed changes in the development agreement, the need for
amendments, i.e., $500 for materials should at least be $1500 before requiring a
permit, the farming business has a need far providing shelters/buildings for the
equipment used on the properties. is there a need for a fence permit? The need to
revise the UDC to reflect the changes to their agricultural use. Would the city require
permits for burning brush as they have done in the past?
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- Mr. Robert Brockman, 1000 Elbel Road, who .came forward recognizing City
Attorney Michael Spain for receiving and being named the "Best Lawyer in Texas"
as mentioned in a recent Texas Publication.
Mr. Mark Penshorn, 8320 Trainer Hale Road, who came forward asking for
clarifications to the proposed changes in the development agreements, thanking the
Council for accommodating their needs, but also asking Council to consider
additional changes to the agreement, that the $500 limit is too low. Asking for
clarification for required building permits, plumbing and electrical permits, and
clarification of continuing the use of their water systems on their properties. Mr.
Penshorn appreciates all the considerations the City is considering.
Mayor Baldwin stated that all the questions the residents have raised can be answered by
contacting Michelle Sanchez or one of the Assistant City Managers. City Attorney Michael Spain
stated that some of the questions would be answered during the public hearing.
Consent Agenda Action Items
1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
Meeting of June 21, 2011.
2. Ordinance No. 11-D-1$ - Cansideration and/or action approving an ordinance regarding the
installation of a traffic signal at FM 1518 and Lower Seguin Road and FM 78 and River
Road. Final Reading (D. Taylor/L. Dublin)
3. Ordinance No. ll-D-19 -Consideration andlor action approving an ordinance amending the
Code of Ordinances by amending and revising Section 86-41 Stop Intersections adding a stop
sign at Nell Dean Blvd. and Chestnut Drive. First Reading (L. Dublin)
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve consent agenda items 1, 2, and 3. The vote was
unanimous. Mohan carried
Discussion andlor Action Items
4. Resolution No. 11-R-32 -Consideration andlor action approving a resolution to modify the
City of Schertz Development Agreements in lieu of annexation. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that action requested of Council modifies the City's form Development Agreement in lieu
of annexation for ag-accessed properties. The changes are confined to Section 2:
Section 2. Landowner Covenants. The Landowner covenants and agrees as follows:
• (c) add language "provided that no building permit shall be required for any construction
by the landowner not involving electrical, plumbing, or HVAC work if the cost of the
materials for such construction is less than $500.
• And... after subsection (c) add... "provided, the City will issue a building permit to the
landowner without any requirement that the landowner plat the land if the construction in
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question relates to fencing, or the construction, alteration, repair, or maintenance of any
non-habitable accessory structure or building"
• (d) add language after applicable, "or as specifically set forth herein"
• Add an (fl "The landowner may sell animals, crops, and other materials which are the
product or a by-product of his or her use of the land in accordance with its designation as
agricultural, wildlife management, or timber use without any requirement of obtaining a
home occupation permit".
City Attorney Michael Spain explained the development agreement process. He stated
what every suggested changes are made to the development agreement would be offered to
those who have existing development agreements. He further stated that should the
Council make future changes to the development agreements, everyone would be informed
and included in those changes.
Mr. Spain said a meeting was held on June 13, 2011 with land owners seeking Ag
exemption to future annexations, but only half of the land owners received notice of the
meeting due to a word processing glitch, and apologized. He stated another mailing went
out for another meeting and the deadline to opt in or out of Ag exemption will be push back
a week for this reason above. Mx. Spain stated that Council could make additional changes
if they desire after hearing from the residents.
Mayor and Council discussed possible additions and agreed to move to Item 5 to hear mare
from the residents before making a decision. Mayor moved to Item 5 for residents to
express their concerns.
S. Public Hearing Notice - Conduct a Public Hearing relating to the annexation of
approximately 3,310 +/- acres of pxoperty 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 introduced this item stating
that this is the first of two public hearings regarding the annexation of property East of FM
1 S 18, South of Schaefer Road, and North of I-10. Mr. Spain outlined the following
annexation timeline:
Tonight -first required public hearing
July S, 2011 -second required public hearing
July 7, 2011- an additional Public Meeting with property owners
August 2, 2011-- First reading of the ordinance
August 9, 2011- Final reading of the ordinance and adoption
Mr, Spain stated the reason for the annexation at this time is to preserve open space and
regulate developments in the area due to past developments being built without City
development controls. He~stated the City is committed to preserving as much open space
in the southern part of the City as possible. Records indicate there are 344 acres of non-ag-
accessedproperty within the 3,310 acres, the rest is agricultural.
He stated again, that due to a word processing glitch, only half of the residents in the area
were notified, and it was the decision of staff to extend the decision to take the
development agreement to July 22, 2011. To date five owners of Ag property have taken
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the development agreements, three have chosen to be annexed, and fifty-one have not
decided.
Mayor opened the public hearing and the following spoke:
Mr. Roger Scott, 14384 Schmidt Craft Lane, who spoke regarding needing an
extension of time to review the development agreement, use of firearms on property,
questions on private roadsldedicatedrnads, as well as questions regarding areas which
are ag and non-ag use. How much per acre would his taxes increase with no Ag
exemption and with Ag exemption? Would there be roads going through their
property? Mr. Spain stated that in regard to the use of fire arms on property there
would be no change weather your annexed or not. Mr. Spain stated that weather you
take the development agreement and you are Ag exempt, would have no impact on
your Ag exemption. Being annexed does not affect your Ag exemptian, complying
with the rules of Ag exemption keeps your property Ag-exempt. $44.93 is the current
city tax rate, if you take the development agreement you will receive no city taxes.
Mr. Spain stated that in regard if the road is a private it would stay a private road. Mr.
Spain stated that whatever City services were previously received would not change.
Currently you have fire protection in the ETJ as well as first responder EMS
coverage, police service is not provided in the ETJ, law enforcement in the area is the
County Sherriff. Once you are annexed you would have fire protection, first
responder EMS, and police protection, if you take the development agreement you
would not received any city taxes, you would continue to receive fire protection, first
responder EMS, and although the City would not be required to provide you police
coverage, the City would do so.
Ms. Andrea Lanoue, 14532 Schmidt Craft Lane, who spoke on being unclear
regarding road issue, private vs. public roads, cattle guards, maintenance on private
roads, who will maintain once annexed? Will the City still provide emergency
services? Can some of the property be exempt from annexation, i.e., residence being
annexed and the other have a development agreement? Mr. Spain stated private roads
with cattle guards would remain private and would remain the owner's responsibility
to maintain. Mr. Spain stated that in regards to annexing their home and not annexing
their Ag properry he didn't see it to be a problem, that question has not been asked
before. Mr. Spain addressed Ms. Lanoue's question regarding private roads, the City
would probably not accept theix road as it is not built to the City's regulations, but
still would be used to provide City services. Staff concluded that if residents are
receiving garbage service then that would continue, fire protection and EMS service
is on a case by case basis, if the vehicles are able to navigate through the cattle guards
they will do so. If the road does not qualify as a City road and not built to City
standards, the City would nat accept the dedication and take aver maintenance, it is
and would be the owners responsibility to maintain it and keep it clear for services,
example was given as in a gated community and their requirements to maintain the
private roads within the area.
Mr. Michael Dahle, 9120 E. FM 1518, who stated he supports the annexation, but
does not embrace it. He spoke regarding the need of an additional Fire/EMS Station
in the area and the City getting serious in getting it built.
Mr. Robert Brockman, 1000 E1beI, who spoke regarding allowing the land to lay
fallow for two years. He stated this question was asked before and didn't know if they
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had received an answer. Mr. Spain stated that he didn't believe it would be an issue
as long as they maintain the ag-exempt status.
Mr. Mark Penshorn, 8320 Trainer Hale Road, who addressed the Council regarding
the waterlines from the water troughs, etc. fox agricultural water use, and questions on
irrigation use. He asked would this require permitting. He also addressed the
Council regarding the issue of having to obtain a permit for a barbed wire fence.
How does the City inspect it? Mr. Spain stated that barbed wire fence can be used, if
you have more than one acre. Are there provisions in the code to build a barbed wire
fence? Ms. Sanchez stated it would be inspected based on the design and use that
was submitted to the City for the permit.
Mr. Bob Lindorfer, 12816 Lower Seguin Road, who came forward, addressing the
need to maintain their property 50 feet from a subdivision, use of using his revolver to
kill snakes, and the 1000 ft rule regarding animals. Mr. Spain stated that his
assumption is that the residents are carrying these to protect your livestock and the
City would not stop you from doing that. The City would not enforce rules that
would harm your Ag exemption. Mr. Lindorfer requested telephone numbers for Mr.
Spain and Ms. Sanchez.
Mr. Rick Casteion, 12020 Schaefer Road, stated that he currently has a dog training
business and they shoot guns regularly to train the dogs. Would permitting be
required? Would they have to abide by the noise nuisance ordinance? Mr. Spain
stated that he would be under anon-conforming use and be exempt. Mr. Kessel
stated that the Name owner will need to document the business and keep it far record.
Mr. JC Herrera, 12020 Schaefer Road, wha stated he has 16 acres, has a large home,
and has Shady Qaks Ranch. They da corporate picnics, they have rides on the
property, and sometimes they have up to 200 people on the property. Mr. Spain
stated again, that if they have a legal operation now, legal in the ETJ/Bexar County,
then they would be able to continue the business, but can not change the business.
It's a permitted non-conforming use.
Mayor and Staff provided the following contact information for those who wished to address
questions: -
City Attorney --Michael Spain
Phone: 210-270-7184
Email: Ms ain fulbri ht,com
Michelle Sanchez
Phone: 210-6I9-1760
Email: msanchez schertz.com
As no one else spoke, Mayor Baldwin closed the public hearing. Mayor moved back to
agenda item 4.
4. Resolution No. ll-R-32 -Consideration and/or action approving a resolution to modify the
City of Schertz Development Agreements in lieu of annexation. (M. Spain)
Mayor Baldwin and Council concurred to postpone action of this item until a$er the July 7,
2011, meeting with residents and more time to consider other changes proposed to the
development agreement.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Scagliola to postpone action of this :item until the July 12, 2011, meeting.
6
7.
The vote was unanimous. Motion Carrterl:
Resolution No. 11-R-33 -Consideration andlor action approving a resolution regarding the
sale of water tank sites to the San Antonio Water System (SAWS). (M. Spain/J. Bierschwale}
Mayor Baldwin recognized City Attorney Michael Spain and Assistant City Manager John
Bierschwale who introduced this item stating that action requested of Council approves the
sale of a two-acre parcel of land to the San Antonio Water System ("SAWS") for
construction of certain ground storage water tank facilities. The sale price is $62,330 for the
two-acre parcel located behind Schertz Ball Park and next to the West Dietz Creek Drainage
Facility. Staff recommends approval.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve Resolution No. 11-R-33. The vote was unanimous.
Motion Carried
Resolution No. 11-R-34 -- Consideration and/or action approving a resolution authorizing
additional expenditures relating to utility relocation on FM 3049. (J. Bierschwale/L. Dublin)
Mayor Baldwin recognized Councihnember Edwards who stated that the materials presented
were very clear and moves to approve Resolution No. 11-R-34, seconded by Councilmember
Carpenter to approve Resolution No. 11-R-34. The vote was unanimous. Motion Carried
Council did not go back into executive session.
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,
exchange, sale, lease, or value of real property.
RECONVENE TO REGULAR SESSION
S. Take any action deemed necessary as a result of the Executive Session.
Council took action on item 6 above as a result of the earlier executive session.
Re nests and Announcements
9. Requests by Mayor anal Councihnembers that items be placed on a future City Council
agenda.
None were given.
10. Requests by Mayor and Councihnembers to City Manager and Staff for information.
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Mayor Baldwin recognized Cauncihnember Scagliola who reduested TSAC Iook at the
possibility of Country Club Blvd being designated as a no parking zone.
11. 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 Fowler who stated that Monday, June 27,
2011, he attended the TML Legislative Wrap-Up Session and found it informative and
beneficial, but a misnomer because there were still in session. He also stated that he was
able to ride out with Schertz police and get first hand experience of the things the officers
encounter while on duty and was impressed with haw professional they handled
themselves, as well as the individuals they encounter.
Mayor Baldwin recognized City Attorney Michael Spain who stated he was curious about
what the legislation decided about the May election date. City Secretary Brenda Dennis
stated that she would be attending upcoming Webinars regarding SB 100 and will be
bringing information to Council the first week of August with their options.
Mayor Baldwin recognized Councihnember Scagliola who stated he attended the Luling
Watermelon Thump event and parade on Saturday and that the Schertz Sweetheart Court
float took first place in the visiting group. Councilmember Scagliola thanked everyone
involved in getting the float to Luling, particularly Joe Villarreal and Albert Orosco, and
for all their efforts in representing the City of Schertz.
Mayor Baldwin recognized Councilmember Edwards who stated he also attended the TML
Legislative Wrap-Up Session and he too was impressed with the process, that it had several
moving parts. He thanked City Manager John Kessel, Assistant City Manager David
Harris, City Secretary Brenda Dennis and Councilmember Jim Fowler for attending.
Mayor Baldwin recognized Councihnember Carpenter who stated "Nix, meine
Biirgermeister, danke," which he was practicing fox his trip, which he said "nothing my
mayor, thank you".
Mayor Baldwin stated he would like to thank Councilmember Edwards for starting the ball
rolling on the Iight show for the nth of July. Councihnember Edwards stated that it was not
praise in his regard, that the person that deserves the credit is Assistant City Manager John
Bierschwale and Parks Foundation Member Jake Jacobs. Mr. Blerschwale stated that he
and Mr. Jacobs put the show together but everyone needed to thank Grumpy who donated
$10,000 toward the show.
Mayor Baldwin stated that the school district is in the process of discussing realignment of
Samuel Clemmons and Steel High Schools, J. Frank Dobie and Ray Corbett Jr. High
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School. Mayor stated that he Iooked at both options they presented (1) includes taking in
same of the Schertz boundaries on IH 35 -subdivisions, as well as several Cibolo
subdivisions, (2) option, excludes the Cibolo subdivisions and takes in Greenshire and the
Schertz subdivisions that are within a half a mile of Samuel Clemmons High School. He
stated that option 2 was the reasonable and proper alignment they should go with, He
stated they should just split the two cities down the border. He stated the School District
will have two public hearings August 30, 2011 and September 1, 2011, he encouraged his
colleagues and anyone else to attend.
12. Announcements by City Manager
Mayor Baldwin recognized City Manager John Kessel who provided the following
information:
- Mr. Kessel stated that he appreciated the well wishes he had received regarding his
recent wedding and that it went well.
- Mr. Kessel read a complimentary letter from homeowners in the Scenic Hills
subdivision regarding the actions of the Public Works Department, complimenting
staff.
- Mr. Kessel also read a complimentary letter from a couple whose car broke down on
1H-35 and was assisted by Officer Schmidt who stopped and stayed with them until
help arrived.
ADJOURNMENT
As there was no further action, Mayor Baldwin a ourned the meeting at 8:16 p.m.
Mayor Hal Baldwin
ATT
enda Dentus, TRM C City Secretary
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