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01-17-2012 MinutesMINUTES REGULAR MEETING January 17, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 17, 2012, 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 Cedric Edwards Staff Present: Assistant City Manager John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Pro -Tem David Scagliola Councilmember George Antuna Councilmember Michael Carpenter City Manager John Kessel Assistant City Manager.David Harris City Attorney Michael Spain 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. Mayor Baldwin stated that he would be rearranging the agenda this evening to accommodate the presenters of the presentations. Council concurred. City Events Announcements of upcoming City Events (D. Harris /J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who stated that this Thursday, January 20, 2012, the Chamber will be hosting a mixer at the Schertz Area Senior Center & WellMed, 608 Schertz Parkway, from 5:30 p.m. to 7:00 p.m. Presentations: • Presentation and update from Gateway Planning Group Inc. (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who introduced Ms. Jay Narayana, Mr. Frank Pakuszewski, and Mr. Jeff McKinnie with Gateway Planning Group, Inc. 01 -17 -2012 Minutes Ms. Narayana stated that since the North and South Schertz charrettes were held, additional meetings were held with Lone Star Rail District to provide a more desirable location for a potential rail stop in North Schertz that would complement any future development in that area. Throughout the process, other opportunities have arisen that have allowed the City to enhance the planning of these and other areas including an expanded footprint of the North Schertz study area and enhanced focus on Sedona and FM 78/Main Street. Ms. Narayana stated in August, a reformulated Sedona Subdivision development team approached the City about the possibility of "upgrading" the remaining approximately 790 acres of the subdivision's standards and plans outlined in the Planned Unit Development (PUD) document in an attempt to better respond to changing market conditions. At the same time, the City recognized this as an opportunity to create a Master Planned neighborhood —the first in the City—that would set the tone of development in the Southern Sector of Schertz. At its meetings on January 3, 2012, the Planning and Zoning Commission and City Council approved the first of three amendments to the PUD document (now called Planned Development District or PDD). On December 20, 2011, Council authorized the first amendment to the Gateway Planning contract to assist staff in working through many changes of this revised PDD at a cost of $25,000 which will be funded from General Fund Contingencies. Throughout the remainder of 2012, staff will be working with Gateway to fmalize future zoning, infrastructure locations, potential developers, and investments that may need to be made by the City and/or Economic Development Corporation to preserve the integrity of the plan. The draft plan and zoning should be completed towards the end of 2012. Discussion and /or Action Items 5. Resolution No. 12 -R -03 - Consideration and/or action approving a resolution amending the Gateway Planning Group Inc., Professional Services Agreement. (J. Kessel/D. Harris) The following was read into record: RESOLUTION NO. 12 -R -03 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GATEWAY PLANNING GROUP, INC., AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item stating that action amends the agreement with Gateway Planning Group, Inc. regarding the expansion of North Schertz and the completion of the 01 -17 -2012 Minutes FM78/Main Street Projects. Regarding the FM78/Main Street plan, the amendment will allow the City to complete a plan for this important sector of the City, work with a vendor with whom we have an existing relationship, and allow for continuity between plans between the North and South Schertz planning areas. This action will add $73,550 to the revised contract with the Economic Development Corporation funding 70% of the increase ($51,485) and General Fund funding 30% of the increase ($22,065). The Economic Development Corporation approved this item at its meeting on January 12, 2012. Recommend approval. Mayor Baldwin recognized City Manager John Kessel who provided brief comments on the planning exercises, which qualified the changes necessary to move the project forward. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler that based on the Economic Development Corporation recommendation, approves Resolution No. 12 -R -04. The vote was unanimous. Motion Carried. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Baldwin recognized the following who spoke: Mr. Steve Layton, 12231 Lost Meadows, who spoke regarding the UDC change window and for Gateway Planning to provide advice toward changes to the UDC. Mr. Steve White, 805 Main, who spoke regarding agenda item 5, Resolution No. 12 -R -03, amending the Gateway Planning Group Inc., Professional Services Agreement. He indicated that Gateway is a fine Corporation and has no problems with them or the work they are doing, but he does not see any tangibles. He is concerned with the City putting all of their eggs in one basket, and the amount the City is spending. Mayor Baldwin recognized the following who. spoke regarding the issues in the Fairhaven Subdivision and updated information from Pulte. Mayor Baldwin asked each speaker if they would let the Council know if they would allow Pulte to repair their home, or if they wanted Pulte to buy them out. 01 -17 -2012 Minutes • Mrs. Halli Travis, 3605 Storm Ridge, (buy back) • Mr. Bruce and Mrs. Faye Touve, 5213 Brookline (buy back) • Mrs. Molly Casas, 5228 Brookline (buy back) • Mrs. Heather Camelio, 5224 Brookline (buy back) • Mrs. Donna Fitzgerald, 5304 Storm King (buy back) Mr. John Fitzgerald, 5304 Storm King (buy back) • Mr. Pedro Frechel, 3620 Storm Ridge (buy back) • Mr. John Solice, 3717 Greenridge (buy back) • Mrs. Jessica Lawrence, 5603 Storm King (buy back) • Mrs. Brenda Davis, 5603 Storm King (buy back) • Mr. Dan and Mrs. Debe Holister, 5525 Columbia Drive (buy back) • Mrs. Trish Mattison, P.O. Box 3022, of Homeowners for Better Building • Mr. Ken and Mrs. Angela Russell, 6034 Mule Deer (buy back) • Mr. Omar Mendoza, 5308 Storm King (buy back) • Mr. Brian and Mrs. Peggy Benavidez, 5237 Brookline (buy back) • Mr. Bob and Mrs. Cindy Faust, 5448 Storm King (buy back) • Mrs. Janet Ahmad, 18 Sliver Horn, San Antonio, President of Home Owners for Better Building. Consent Agenda The Consent Agenda is considered to be self - explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. i . Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 10, 2012. 2. Resolution No. 12 -R -02 - Consideration and/or action approving a resolution reappointing Mayor Hal Baldwin to the Lone Star Rail District Board for the term of February 1, 2012 to February 1, 2014. (J. Kessel/D. Harris) The following caption was read into record: RESOLUTION NO. 12-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING MAYOR HAL BALDWIN TO THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 12-R-04 — Consideration and/or action approving a resolution authorizing a collection fee in the amount of 30% of debts and accounts receivable such as unpaid -fines, fees, court costs, forfeited bonds, and restitution 01 -17 -2012 Minutes ordered paid by a Municipal Court serving the City, and amounts in cases in which the accused has failed to appear. (J. Kessel/M, Spain) RESOLUTION NO. 12 -R -04 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A COLLECTION FEE IN THE AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY, AND AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR: (1) AS PROMISED UNDER SUBCHAPTER A, CHAPTER 543, TRANSPORTATION CODE, OR OTHER LAW; (2) IN COMPLIANCE WITH A LAWFUL WRITTEN NOTICE TO APPEAR ISSUED UNDER ARTICLE 14.06(b), TEXAS CODE OF CRIMINAL PROCEDURE, OR OTHER LAW; (3) IN COMPLIANCE WITH A LAWFUL SUMMONS ISSUED UNDER ARTICLE 15.03(b), TEXAS CODE OF CRIMINAL PROCEDURE; (4) IN COMPLIANCE WITH A LAWFUL ORDER OF A COURT SERVING THE CITY; OR (5) AS SPECIFIED IN A CITATION, SUMMONS, OR OTHER NOTICE AUTHORIZED BY SECTION 682.002, TRANSPORTATION CODE, THAT CHARGES THE ACCUSED WITH A PARKING OR STOPPING OFFENSE, WHEN SUCH DEBTS, ACCOUNTS RECEIVABLE AND AMOUNTS ARE MORE THAN 60 DAYS PAST DUE AND HAVE BEEN REFERRED TO AN ATTORNEY OR OTHER VENDOR FOR COLLECTION, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Appointments/ Reappointments and Resignations to City Boards, Commissions and Committees — Consideration and/or action regarding appointments /reappointments, and resignations to City Boards, Commissions and Committees. Mayor Baldwin recognized Councilmember. Carpenter who moved, seconded by Councilmember Fowler to approve the consent agenda items 1 through 4 as presented. The vote was unanimous. Motion carried Worksession Items A. Discussion and possible action regarding voter consideration to move City's General Election to November. (Council/B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who stated that at the Council meeting of December 13, 2011, it was the consensus of the Council to revisit in mid- January whether or not to give the registered voters of Schertz an opportunity to decide on moving the City General Elections to November. 01 -17 -2012 Minutes Schertz will be holding a General Election on May 12, 2012, with an estimated cost of $6,500. As the City is already holding an election, should Council decide to add this item to the ballot for May 12, 2012, there would not be any additional cost. If the Council chooses to place this proposition on the ballot, the City must call a Special Election. The recommended period for calling the General Election and posting notice is January 30, through February 17, 2012. This is also the period for which we submit requests for preclearance for any required matters. March 3, 2012 is the last day to order a Special Election. Mrs. Dennis stated Council will discuss placing a proposition on the May ballot to move the General Elections to November. Mayor Baldwin recognized City Attorney Michael Spain who stated that this item would require a Charter change and that if this was done in May the City could not do another Charter amendment for two years. Mr. Spain stated there might be other Charter changes staff and Council would suggest. It would be necessary to take more time to review them.. Mr. Spain recommended that Council place this item as well as other possible Charter changes on the upcoming November 2012 ballot, which would give staff more time to view the current Charter and provide suggested changes. Council discussed this item in length and it was the consensus of Council to have staff review the City Charter and bring back possible City Charter change recommendations to Council at a later date before the November 2012 election. 6. Ordinance No. 12-M -03 --- Consideration and/or action approving an Ordinance revising the City Council Rules of Procedure. First Reading (M. Carpenter/M. Spain) The following was read into record: ORDINANCE NO. 12 -M -03 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that action approves amending the City Council Rules of Conduct and Procedure per request and recent discussions by Council. Sections to be modified are: • Information Required, §5.1a • Communication to Mayor and Council, X5.2 • Presentations by Memhers of Council, §5.4 • ConsentAgenda, §5.5 01 -17 -2012 Minutes • City Manager Review, §6.2 • Numbering Ordinances and Resolutions, x'6.10 • Addressing Council, §11.1,11.2,11.4, &11.6 Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve Ordinance No. 12 -M -03 First reading. The vote was unanimous. Motion carried Mayor Baldwin moved into executive session at 8 :00 p.m. Executive Session Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - DeIiberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate, and Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Mayor Baldwin reconvened into regular session at 10:30 p.m. Reconvene into Regular Session 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Re guests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Edwards who stated that the City has not had a flood in quite sometime. There is the Cibolo Creek and he wanted to know if the City could do a controlled burn to remove some of the debris in the Creek. City Manager John Kessel stated that the City has been discussing this particular item with the San Antonio River Authority and it is more complicated than just doing a controlled burn, as well as there are drought conditions involved. Mr. Kessel indicated that clean up in the Creek should be done before there is a fire or a flood. They are gathering cost estimates and an appropriate measure or measures to deal with this. Mr. Kessel stated that he would get an update from Mr. John Bierschwale next week regarding this issue. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given by Mayor or Council 01 -17 -2012 Minutes 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 Pro -Tem Scagliola who stated he attended the following events: On behalf of Mayor Baldwin, went over to Autumn Winds and presented a proclamation to Mrs. Erna Schievelbein Braune, who was celebrating her 100 birthday, proclaiming Tuesday, January 17, 2012 as Erna Schievelbein Braunc Day. + Attended the Chamber Luncheon today, Tuesday, January 17, 2012. Mayor Baldwin recognized Councilmember Fowler who stated he attended the following events: Attended the Chamber Luncheon today, Tuesday, January 17, 2012, and stated he was impressed with the number of new members and the diversity of businesses that were coming to Schertz. Mayor Baldwin stated he received an invitation from Mr. Peter French and Mr. Eric Slaughter, developers who were working with Gateway Planning Group, Inc., to attend the Future of the Interstate 35 Corridor meeting in Austin, hosted by BizNow. Mayor Baldwin stated that he and Mr. Cantu attended the meeting. Mayor Baldwin stated it was a very good meeting and they received a lot of valuable information. Bottom line Mrs. Amy Madison was the moderator of a six - member panel. The City of Schertz received several good plugs from Mrs. Madison, as well as from Mr. Peter French who spoke very highly of the Gateway project. Mayor Baldwin stated that Schertz has now become a corridor player in his estimation. He stated that the City of Schertz was mentioned several times in a positive frame throughout this meeting, and that Schertz is on the map. 11. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel stated that he would like to compliment the department heads and other staff on their support with the meetings he has had with them regarding the reorganization. He stated that the department heads have come up with ideas; they are very professional and have ownership. 01 -17 -2012 Minutes Mr. Kessel stated that in response to the Mayor's comments, the City of Schertz is a player on the IH 35 Corridor Project, and he would go further than that in stating we are certainly on the map for a number of folks. We are on the map from a residential development standpoint in a very positive way, particularly in South Schertz. The planning efforts and the annexations have made big difference in the regional community perception of what is possible. The idea of what is possible in South Schertz is much bigger and the bar is much higher, and the floor is much higher than it was a year ago. Simply because you have taken, as a Council, the opportunity to annex, land plan, and put development agreements in place. The continuance of putting together work on infi-astructure issues such as: water, sewer, streets, purple pipe water, and drainage issues. All of those fundamental structure pieces mean that we will have better higher quality development that does match our future development vision. Mr. Kessel stated we are also continuing to be on the map at a national level from an economic development perspective. You will find over the next few months a lot more discussions and positive news coming out of the things the City is visiting on. Mr. Kessel stated that people know about this community and know about this region. Recently the Homebuilders' Association provided a newspaper article stating that this is the hottest submarket and one of hottest residential markets in the nation and we are behind on lots and our job is to make certain when we approve developments, we are approving the kinds of developments that we would like to see in Schertz. Finally, he stated that this is a compliment to City Staff who have brought these types of planning efforts and developments forward. Adiournment Mayor Baldwin adjourned the meeting at 10:51 p.m. 1 Gw Mayor ATTEST: r a Dennis, TRMC, MMC City Secretary 01 -17 -2012 Minutes