07-05-2011 MinutesMINUTES
REGULAR MEETING
July 5, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
5, 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 David Scagliola
Staff Present: City Manager John Kessel
City Attorney Michael Spain
Mayor Pro -Tem Jim Fowler
Councilmember George Antuna
Assistant City Manager David Harris
City Secretary Brenda Dennis
Councilmembers Michael Carpenter and Cedric Edwards were absent.
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.
Mayor Pro-Tern Fowler gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
PRESENTATIONS
• Engineering Department ReportlUpdate (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who provided a PowerPoint
presentation regarding the activities and projects of the Engineering Department answering
questions from Council. Mr. Dublin introduced is staff which included: Administrative
Assistant Debbie Perrone and Engineer -in- Training Larry Bush.
• Budget Calendar Presentation (D. Harris/J. Santoya/R. Galindo)
Mayor Baldwin recognized Assistant City Manager David Harris who provided the following
information regarding the upcoming FY 2011 -12 Budget calendar:
July 29, 2011
August 2, 2011
August 9, 2011
August 16, 2011
August 23, 2011
October 1, 2011
CITY EVENTS
07 -05 -2011 Minutes
File with City Secretary
- Budget Workshop, vote to place a preliminary tax rate on
the agenda and schedule public hearings.
- Budget Workshop, hold first public hearing
- Second Public Hearing, first vote
- Second vote
New budget in effect
Announcements of upcoming City Events (D. Harris /J. Bierschwale)
- Friday, July 8, 20118:45 a.m. to 5:00 p.m. is the kick -off for the upcoming South
Schertz Planning Charrette at 8:45 a.m. Meet at the Civic Center where a bus tour
of Schertz will be held, Please RSVP to Mary Ybarra if you plan on attending the
bus tour and the lunch.
- Mark your calendars for the South Schertz Charrette for Sunday, August 28,
2011, through August 31, 2011. More information to follow.
Hearing of Residents
Mayor Baldwin recognized the following who signed up to speak:
Ms. Maggie Titterington, President, Schertz Chamber of Commerce (SCOC), who
provided information regarding the upcoming Chamber Events.
Mr. Jake Jacobs, Member of the Parks & Recreation Foundation who came forward
stating the City of Schertz did an excellent job this past weekend with the 4d' of July
Jubilee event. He mentioned the following individuals who went above and beyond what
they were required to do and these individuals deserve recognition for being a significant
part in the execution of the laser light show: Dean Medlick, Joe Villarreal, Serge
Valbrun, Sam Rhodes, Tim Brown, Chuck McCollough, all of the Public Works
Employees that were on staff, and of course Grumpy.
Consent Agenda Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of June 28, 2011.
2. Ordinance No. 11 -D -19 — Consideration and/or 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. Final Reading (L. Dublin)
3. Cancellation of the July 19, 2011 Regular Council Meeting — Consideration and/or
action cancelling the Regular Meeting of July 19, 2011. (J. Kessel)
4. Hillbrook Waterline Budget Revision — Consideration and/or action approving a budget
revision for the Hillbrook Waterline Project, (D. Harris /S. Willoughby)
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor
Pro -Tem Fowler to approve the consent agenda items 1 through 4. The vote was
unanimous. Motion Carried.
Discussion and /or Action Items
5. 2 °d Public Hearing Notice — Conduct a Public Hearing 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)
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Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that this is the second public hearing regarding the annexation of approximately 3,310 +/-
acres East of FM 1518, South of Schaefer Road, and North of 1 -10. Mr. Spain outlined
the following annexation timeline:
Tonight — 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 estimated taxes are as follows:
Property Value Tax Rate Annual Tax Revenue
- Ag- Accessed $ 2,996.780 .4493 $73,465
- Non - Accessed $11,522.880 .4493 $51,772
TOTAL $14,519,660 $65,237
Mr. Spain stated that after the July 7, 2011 meeting with the citizens City Council will
consider amendments to the Development Agreements at their meeting of July 12, 2011.
He stated that as of this date, twelve (12) have accepted the Development Agreements,
three (3) will be annexed, and the 44 remaining properties have not contacted the City.
Mayor Baldwin stated that he will open the public hearing and that this is the opportunity
for the citizens to express their comments and concerns to Council regarding the
annexation. He further stated that citizens will have an opportunity to speak on concerns
regarding the Development Agreement, on July 7, 2011 at 6:00 p.m. and on July 12, 2011
at 6:00 p.m. He further stated that citizens will have an opportunity to speak on August
2, 2011 — First reading of the ordinance, at 6:00 p.m. and on August 9, 2011 — Final
reading of the ordinance and adoption.
Mayor opened the public hearing and the following spoke against the annexation:
- Mr. Roger Scott, 14546 Schmidt Craft Lane.
- Mr. Tom Silakowski, Cibolo, Texas.
As no one else spoke, Mayor Baldwin closed the public hearing.
6. Ordinance No. 11-5 -20 — Conduct a Public Hearing and consideration and/or action
approving a rezone for approximately 0.897+ acres of land from Neighborhood Services
District (NS) to General Business District (GB). The property is more specifically
described as a portion of the Torribio Herrera Survey No. 68, Abstract No. 153, City of
Schertz, Guadalupe County, Texas, generally located near the Southeast corner of
Savannah Drive and FM 3009. First Reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that Council is to conduct a public hearing and consider first
reading of an ordinance relating to rezone of approximately 0.897+ acres of land from
Neighborhood Services District (NS) to General Business District (GB). This property is
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generally located near the Southeast corner of Savannah Drive and FM 3009. The
Planning and Zoning Commission voted to deny this request at its June 22, 2011 meeting.
Mayor Baldwin recognized Mr. Robert Watts with CWS Architects' who came forward
presenting his project and the request for the re
Mayor Baldwin opened the public hearing and -recognized the following who spoke:
Ms. Margie Crenshaw, 3708 William Scarborough who spoke against the rezone.
- Mr. Dave Richmond, Planning & Zoning Chair who came forward explaining that the
Commission unanimously denied the request for the rezone that the NS was more
suited to the area.
As no one else spoke, Mayor Baldwin closed the public hearing.
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
addressed the information Mr. Watts providcstating n their ofFice forlconsideration and
the Development Services Department has y
not to go by his example. She reiterated that this request is for a rezone only and not site
plan approval.
Mayor Baldwin recognized Mayor Pro -Tem Fowler, o�gian� abo�i�g #� tip oa
Antuna who expressed their concern with changing
development in this particular area. Mayan Baldwin
to what the area has
dw also concurred that this
Mayor and
development in the particular area is not conducive
Councilmembers stated that NS is more compatible in this area.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded &
recommendation of the Planning Zoning
Councilmember Arituna to go with the recomm
Commission and deny the request for rezone. The vote was unanimous. Motion
Carried
an ordance
7. Ordinance No. 11 -M -21 — Consideration �Developmen approving
ation Articles of
authorizing the Amended and Restated conami
Incorporation and the Bylaws. First Reading (J. Kessel/M. Spain)
Mayor Baldwin recognized City Attorney Michael Development Corporation has been
who introduced this item stating that the Economic
discussing this, but at their last meeting they �� unable em �d recommends it due
Counc 1
quorum. The Board has no issues with approving
conditionally approve this on first reading with the condition that the EDC will approve
this at their next meeting of July 11, 2011. Action taq�g the Certificate approves first
reading of an ordinance regarding amended
(formerly known as Articles of Incorporation) and amending and restating the Bylaws of
the SEDC.
Mayor Baldwin recognized Mayor Pro - Fowler 11M -21 on first read reading with the
Councilmember Antuna to approve Ordinance
condition that the ED will approve this at their meeting of July 11, 2011. The vote was
unanimous. Motion Carried
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8. Resolution No. 11-R-35 — Consideration and/or action approving a resolution
authorizing the Economic Development Corporation to loan SPV Ventures, LLC.,
$200,000 for public infrastructure improvements and other matters in connection
therewith. (J. Kessel/M. Spain)
Mayor Baldwin recognized City Manager John Kessel who introduced this item stating
that his first week as the EDC Director he was contacted by SPV Ventures and has been
discussing this item with the EDC Board and recommends Council approval. He stated
that action approves a lien agreement to SPV Ventures, LLC for the construction of water
lines and related facilities in connection with the construction of five new medical office
buildings in the City located at 5000 Schertz Parkway. Fiscal impact, $200,000 of SEDC
funds.
Mayor Baldwin recognized Mayor NoF11-R-35. hTh m vote unanimousy
Councilmember Antuna to approve Resolution
Motion carried
Mayor Baldwin and Staff mentioned there was not a need for executive session tonight
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
g. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Requests and Announcements
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items were requested
11. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin. recognized Councilmember Scagliola who stated that he had requested a
few weeks ago information on an update of committees being established for the various
bond projects. City Manager John Kessel stated that Mr. Dublin is working on this but
there are only a limited number of items this go- around and they are being discussed on
staff level at this time. He stated that these are probably best suited at a staff level review
at this point. Discussions have been centered around on how best to manage the projects,
what the right service delivery methods should be, initiated internal controls to help
enhance change order processes, and designing proper scrutiny techniques. He stated that
after these items have been discussed thoroughly they would be coming back to Council
with a recommendation of committee assignments.
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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 Mayor Pro -Tem Fowler who stated this week was a busy week
with the two (2) ribbon cutting events, as well as the 4"' of July Jubilee, and the fabulous
laser light show. He stated our City did proud with all the media coverage of this event and
thanked everyone involved.
Mayor Baldwin recognized Councilmember Scagliola who also stated he had attended the
ribbon cuttings and the 4a' of July Jubilee event. He also recognized and thanked everyone
involved in making it a success.
Mayor Baldwin recognized Councilmember Antuna who added his kudos to staff mentioning
particularly John Bierschwale, Finance, PD, and Mr. Cantu.
Mayor Baldwin stated he too wanted to thank all the staff involved in volunteering for this
event and that in addition to those mentioned above he wanted to particularly thank
Councilmember David Scagliola, his wife Maria, and their daughter and son -in -law who
volunteered everyday in the various booths.
Mayor Baldwin mentioned that last week he was asked by the City Marshal, Beverly Todd if
he had gone down FM 1518 lately and noticed anything missing; he stated that the Marshal's
office has finally rid the City of the Riley's building. He stated that with the removal of the
building it will make the bus tour more pleasant. He thanked the Marshal's office.
13. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
City Manager John Kessel stated that he wanted to embarrass Chief Taylor at this time.
He stated Mr. Taylor received a nice note from Elizabeth Cole, Guadalupe County
Attorney thanking Mr. Taylor. Mi. Kessel stated that Mr. Taylor is visiting various folks
in law enforcement within the community, building relations between the City and the
various law enforcement agencies. Mr. Kessel thanked Mr. Taylor for this project and
wanted the Council to know what a fantastic job he is doing with this project.
Mr. Kessel stated that he believes he told the Mayor that at the 4a' of July Jubilee he had
his WOW moment with Schertz; just looking at the crowd forming up, that there is this
laser show and that there is nothing that this City can't do better, faster. He also stated
that the community that is out there volunteering, staff, citizens, community businesses,
Council, and Community leaders is impressive. The community should be proud and it's
a great thing.
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ADJOURNMENT
As there was no further action, Mayor Baldw' adjo the meeting at 8:33 p.m.
Ha! Baldwin, Mayor
ATTEST:
end Dennis, TRMC, MM ity Secretary
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