07-12-2011 MinutesMINUTES
REGULAR MEETING
July 12, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
12, 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
Councilmember Cedric Edwards
Mayor Pro-Tem Jim Fowler
Councilmember George Antuna
Staff Present: City Manager John Kessel
Assistant City Manager David Harris
City Secretary Brenda Dennis
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Councilmember Michael Crcrpenter ryas absent.
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance.
Mayor Baldwin recognized 1St Class Scout Devin Dan of Troop 51 and his mom who were in the
audience.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Mayor Pro-Tem Fowler gave the invocation followed by the PIedges of Allegiance to the Flags
of the United States and State of Texas.
PRESENTATIONS
• Discussion and presentation regarding proposed redistricting map information (Mayor
Baldwin/ J. KessellJ. Bierschwale)
Mayor Baldwin came forward discussing and providing information regarding proposals by
the eight members Redistrict Committee for Guadalupe County. Mayor Baldwin went aver
the various proposed maps and recommends the Roy Richards/Wolverton map. He stated he
is bringing this information forward to Council in order to receive a consensus of
recommending the proposed Roy RichardslWolverton map. He would be getting back with
the various Mayors and craft a letter to be sent to the committee for recommendation.
Councilmember's provided additional suggestions to the Mayor and he answered questions.
CITY EVENTS
• Announcements of upcoming City Events (D. Harris/J. Bierschwale)
- Saturday, July 16, 2011 6:30 p.m. to 8:30 p.m. movies in the park, (Pickrell Park)
- Thursday, July 20, 2011 6:00 p.m. to 9:00 p.m. Schertz Area Artz Council artist's
at the Civic Center.
07-12-2011 Mir-utes
- Mark your calendars for Sunday, August 14, 2011 Employee Picnic will be held
at the YMCA Facility... more information to follow soon.
Hearing of Residents
Mayor Baldwin recognized the following who signed up to speak:
• Mr. Michael Dahle, 9124 FM 1 S 18, who spoke regarding the changes to the
Development Agreement and reminded Council to make the necessary, changes to the
UDC and the City's Ordinances to reflect those changes. Mr. Dahle also spoke regarding
his concerns regarding the Croton Properties Development.
• Mr. Robert Brockman, 1000 Elbel Road, who addressed Council regarding the proposed
annexation. He also addressed Council regarding various street signs that are in need of
repair. Public Works Director Sam Willoughby stated that he would have his staff get on
these.
Mayor Baldwin recognized Councilmember Scagliola who asked if they could pull item 2 off the
consent agenda to receive updated information. Council concurred. Mayor Baldwin also stated
that there was no need fox agenda item 3 since City Council denied the request at their last
meeting; he also stated that Council will be moving the executive session between items 5 & 6.
Consent A~en.da Action Items
1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
Meeting of July 5, 2011.
Mayor Baldwin recognized Mayor Pro-Tem Fowlex who moved, seconded by
Councilmember Scagliola to approve the consent agenda. The vote was unanimous.
Motion Carrieri:
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Discussion and/or Action Items
2. Ordinance No. ll-M-21 -Consideration and/or action approving an ordinance
authorizing the Amended and Restated Economic Development Corporation Articles of
Incorporation and the Bylaws. Finallteading (J. KesseUM. Spain)
Mayor Baldwin recognized City Attorney Michael Spain and City Manager John Kessel
who stated that the Economic Development Corporation met last night and unanimously
approved this item and recommends approval.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor
Pro-Tem Fowler to approve final reading of Ordinance No. 11-M-21. The vote was
unanimous. Motion Carried.
3. Ordinance No. 11-5-20 -Consideration and/or action approving a rezone for
approximately 0.897 acres of land fiom Neighborhood Services District (NS) to General
Business District {GB). The property, is more specifically described as a portion of the
Torribio Hezxera Survey No. b8, Abstract No. 153, City of Schertz, Guadalupe County,
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Texas, generally located near the Southeast corner of ,Savannah Drive and FM 3009. Final
Reading (M. Sanchez)
No action taken as referenced above.
4. Resolution Na.11-R-32 -Consideration and/or action approving a resolution to.modify the
City of Schertz Development Agreements in lieu of annexation. (M. Spain) (Phis item was
postponed at the June 28, 2011 meeting
Mayor Baldwin recognized City Attorney Michael Spain who provided information
regarding the proposed changes that were discussed and recommended by Council and the
citizens. He also provided information regarding other changes that were proposed by the
citizens and explained why staff does not recommend them.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked if the Council would
considex raising the amount of $2,000 to $2,500, Council concurred. Mayor Pro-Tem
Fowler also requested that the Code of Ordinances relating to the agricultural property be
changed as well.
Mayor Baldwin xecognized Councilmember Edwards who asked for claxifcation regarding
registering and obtaining a permit for a home business and suggested that the language be
placed in the agreement that states the citizens need to obtain a home business permit at no
charge. Council and staff concurred.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Edwards to approve Resolution No. 11-R-32 with the changes discussed.
The vote was unanimous. Motion Carried,
5. Resolution No. 11-R-36 -Presentation and consideration and/or action approving a
resolution of the City of Schertz, amending the Fee Schedule of Appendix C of the City of
Schertz Code of Ordinances. (D. Harris/R. Galindo)
Mayor Baldwin recognized Assistant City Manager David Harris who provided a brief
PowerPoint presentation regarding the proposed fee schedule answering questions from
Council.
Mayor Baldwin recognized Councihnember Edwards who asked that the EMS fees be a
major part of the budget and that maybe at the next meeting EMS could provide a
workshop. Council and staff concurred.
Mayor Baldwin recognized Counciimember Scagliola who moved, seconded by Mayor
Pro-Tem Fowler to approve Resolution No. 11-R-36. The vote was unanimous. Motion
Carried.
Mayor Baldwin recessed into executive session at 7:42 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,
exchange, sale, lease, ar value of real property.
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RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 8:41 p.m.
6. Resolution No. ll-R-37 -Presentation and consideration and/or action approving
a resolution authorizing an Agreement with Croton Properties, LLC relating to the
Pride Rock Ranch Subdivision and other matters in connection therewith {J'. Kessel/M.
Spain)
Mayox Baldwin recognized City Attorney Michael Spain who stated that as a result of the
executive session and at the request of Croton Properties two additional modifications to
the agreement will be included, they are: (1) relates to development of lots on cul-de-
sacs, to allow up to 14 lots not be xequired to have the minimum depth of 120ft., but
would meet the total minimum sq, ft. of 5,400 and 14 cul-de-sac lots would be allowed to
have a width of 35ft. instead of 45ft. at the front building line. All of B 1 in the agreement
would apply. Mr. Spain noted sections of the UDC that apply to the health and safety of
development that axe mandated by the state. Staff recommends approval.
Mr. Spain stated the agreement references the exhibits #hat need to be attached to the
development agreement and blanks that need to be completed. Council authorizes the
City Manager to approve the completion of those areas in consultation with the City
Attorney and the Mayor.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor
Pro-Tem Fowler to approve Resolution No. 11-R-37 with the modification discussed in
executive session. The vote was unanimous. Motion carried,
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.
7. Take any action deemed necessary as a result of the Executive Session.
No additional action taken.
Re nests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items were requested.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Councilmember Scagliola who stated he had mentioned the
SSLGC water report recen#ly and last. week he received a water report from NBU. This
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report is more informative and provides a clear explanation. He suggested that a copy be
provided to SSLGC suggesting that they revise their reports.
Mayor Baldwin recognized Councilmember Edwards who stated that in regard to the
upconung bond projects, specifically the moving of the playscape, he was concerned as to
what will happen to the trees in the area. Assistant City Manager John Bierschwale stated
that the trees will be moved.
10. Announcements by Mayor and Councihnembers
• 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 Fro-Tem Fowler who stated the FM 1103 development is
moving on with phase 2. The man-hole is being installed and the Cibolo Valley Baptist
Church will soon tie into the sewer line on the other side of FM 1103.
Mayor Baldwin recognized Councihnember Scagliola who thanked everyone involved in the
recent bus tour of South Schertz. He stated it was educational and learned a lot about the
area as it relates to diversity.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated he has
been receiving phone calls on the recent approval of the SAWS water tank. Mr.
Bierschwale showed the site location and the example of how the tank will look.
City Manager John Kessel provided the following information regarding requests from
Council:
- October issue of the Schertz Tales will feature an article regarding volunteers for
the City.
- In regards to the issue of a committee to oversee the bond projects, there is a
standing communication mechanism that will be utilized to allow citizens to
receive updated information regarding the bond projects. He stated the City will
be utilizing the Schertz Tales Magazine, as well as, providing a link on the City's
website for citizens to view.
Mr. John Kessel read an email from a 12 year old .who recently was looking at the
Schertz Tales and was asking how she could get her photos published. He stated that the
Schertz Tales Magazine impacts all ages.
Mx. Kessel read a letter he received regarding the professionalism and helpfulness of
employee Ms. Sandy Bryant.
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ADJOURNMENT
As there was no further action, Mayor Baldwin a bourne a meeting at 9:00 p.m.
Hal Baldwin, ayor
ATTEST:
renda Dennis, TRMC, MMC City Secretary
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