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.
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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
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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.
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• 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
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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.
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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
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• 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
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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.
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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
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