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02-28-2012 MinutesMINI JTES REGULAR MEETING February 28, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 28, 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: City Manager John Kessel Chief of Staff Bob Cantu City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Pro -Tern. David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Executive Director David Harris City Attorney Katherine Tapley Deputy City Secretary Cynthia Raleigh 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 -Tem Scagliola provided the invocation which he said was inspired by Pastor Ken Mitschke of the Word of Life Church, followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events Announcements of upcoming City Events (D. Harris /J. Bierschwale) • March 3, 2012, 8:00 a.m. Wilenchik Walk of Life, Walk begins at the Schertz Library. • March 8, 2012, Northeast Partnership, Olympia Hills Golf Course and Conference Center. • Encouraged citizens to vote on -line regarding the Metropolitan Planning Organization FM 1518 proposed projects. • March 3 through March 8, 2012, Schertz Spring Clean Up. • Representative Henry Cuellar provided a video conference today at the Civic Center on Law Enforcement Grants. Worksession Items A. Discussion regarding the intent to revise Article 7, Non- Conforming Uses, Lots and Structures of the Unified Development Code. (J. Kessel/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who briefed the Council stating the Inspection Division recently received an application for expansion of an existing residential structure on FM 482. The subject property, like many in the general area of North Schertz, is zoned M -1 Industry Light. Because single 02 -28 -2012 Council minutes family residential use is not a permitted use in an M -1 District, the existing use and homes are non - conforming uses and structures. In reviewing Article 7, Non - Conforming Uses, Lots and Structures, staff verified that an expansion or an addition to an existing Non - Conforming use that will occupy more land than the original use or structure did at the time of adoption of the UDC is specifically prohibited. Ms. Sanchez stated that in working with Gateway Planning Group to study both North and South Schertz, one of the more obvious and compelling discoveries is that much of both areas is occupied by homesteads and residentially used property and farm/agriculturally used land. With much of the current zoning being that of industry or commercial; virtually no one who lives on property zoned in that manner will be able to expand or make an addition to an existing non - conforming use or structure. The only option at this time is for the applicant to request a variance. The current applicant is on a self designated time table and would prefer to seek a change in the Unified Development Code rather than go through the variance process. Staff and Management have discussed this issue and examined the UDC and feel the restriction, although intended to control development and to limit the continuance of a non - conforming use or structures, the restriction on expansion of occupied homes appears to be overly restrictive. A person should be able to make an addition to their home. Staff's intention and desire is to re- examine Article 7 to determine a fair and equitable solution for residents that have lived in their homes for years, that were annexed into the City limits, and that may have a zoning designation that is not conducive to their current use and occupancy of the property. We want residents to be able to make an addition to an existing home or business; to be able to build non - habitable supporting or secondary use structures such as a storage shed, a swimming pool or a barn; and to encourage them to obtain building permits and inspections, otherwise, they will proceed to do so without a permit, which is not an option that we wish to encourage. Staff recommends Council to authorize staff to begin the revision process to Article 7, Non - Conforming Uses, Lots and Structures of the Unified Development Code and to provide the suggested changes to the Planning and Zoning Commission and City Council at a future date. Staff also recommends that applications received for residents to make an addition or expansion to their home that does not change the occupancy or use of the property be administratively considered by the Inspections Division and Development Services Department on a case -by -case basis. It was the consensus of Council to allow Development Services to approve these on a case -by -case basis as requested by staff. Presentations Capital Improvements (J. Kessel/P. Gaudreau) Capital Improvements Project Update Playscape Mayor Baldwin recognized Owner's Representative Mr. Phil Gaudreau who provided a detailed PowerPoint presentation on the following projects answering questions from Council: 02 -28 -2012 Council minutes Animal Control Facility — Option 3 was staff's recommendation and concurred by Council. Soccer Field Renovations — Option 3 was staff's recommendation and concurred by Council. Aquatic Facility — Evaluation and selection team was reviewing the submittals for design services. Playscape — Council concurred to pursue modem material replication of existing Playscape. 0 Web -based Project Management Program (J. Kessel/P. Gaudreau) Mayor Baldwin recognized Owner's Representative Mr. Phil Gaudreau who introduced this item stating that Jackson A &E, Inc. has used this system with great success for over ten years. With millions of dollars in construction projects, he has utilized this web -based project management program to stay on track. Mr. Gaudreau stated that questions have been asked, "How do we provide information to the public and Council on CIP projects, and how do we manage those projects effectively ?" This program is designed to provide that information. Mr. Gaudreau introduced Ms. Kaely Culbertson and Mr. Hermant Bhave of ProjectMates who provided an on -line demonstration regarding the benefits and uses of the Web -based Project Management Program answering questions from Council. Some of the key benefits included: - Web based - Complete access from any where any time - Public and City Council access to all the CIP projects - Centralized communication - Transparency and accountability for the team - Software provides red flags, i.e. if project is getting close to reaching or exceeding budget - Red flagging of key performance indicators - Project Management Portal - Access through the City of Schertz Website Mayor and Council were in agreement with the project moving forward, stating this was the direction they were looking for in keeping the citizens informed on the City's projects. Mr. Gaudreau stated that he and City'.Manager John Kessel will meet to discuss the process further. Consent Agenda 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 21, 2012. 2. Resolution No. 12 -R -I8 — Consideration and/or action approving a second agreement regarding sewer facilities with the Schertz - Cibolo- Universal City Independent School District; Croton Properties, LLC,; Fred Development, LLC; and Gordon V. Hartman Enterprises, L.P. (J. Kessel/M. Spain) Mayor Baldwin read the following caption into record; 02 -28 -2012 Council minutes RESOLUTION NO. 12 -R -18 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SECOND AGREEMENT REGARDING SEWER FACILITIES WITH SCHERTZ- CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, CROTON PROPERTIES, LLC, FRED DEVELOPMENT, LLC, AND GORDON V. HARTMAN ENTERPRISES, L.P., AND OTHER MATTERS IN CONNECTION THEREWITH 3. Resolution No. 12 -R -19 - Executive Director — Consideration and/or action approving a resolution authorizing a budget transfer to fiend the new Executive Director position in the City Manager Department. (J. Kessel/D. Harris) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12 -R -19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND THE NEW EXECUTIVE DIRECTOR POSITION, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 12 -R -20 — Consideration and/or action approving a resolution authorizing an Interlocal Agreement with Live Oak concerning emergency communication systems. (J. Bierschwale/D. Wait) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF LIVE OAK, TEXAS AND THE CITY OF SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro -Tem Scagliola to approve the consent agenda items 1, 2, 3, and 4. 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 3 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, andlor 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: 02 -28 -2012 Council minutes • Mr. Steve Layton, 12231 Lost Meadows Drive, who spoke regarding annexation and non - conforming uses. • Mr. Kenny Sauer, 7830 FM 482, who spoke in favor of approving his application for remodeling his home. • Maggie Titterington, Schertz Chamber of Commerce President, who briefed Council on the current and upcoming Chamber events. Mayor Baldwin recognized the following who spoke regarding their issues with their homes and Pulte Homebuilders: • Frank Doyle, 5312 Storm King, who spoke about working with Pulte to fix his home. • Bruce Touve, 5213 Brookline, who spoke on wanting Pulte to buy back his home and on running for City Council. • Faye Touve, 5213 Brookline, who spoke on wanting Pulte to buy back her home and on petition drive for Charter amendments. • Janice Lapham, 5236 Columbia, who spoke on wanting Pulte to buy back her home. • Brenda Davis, 5603 Storm King, who spoke on wanting Pulte to buy back her home. • Sherry Clark, 5269 Brookline, who spoke on wanting Pulte to buy back her home. • Dan Hollestelle, 5525 Columbia, who spoke on wanting Pulte to buy back his home. • Molly Casas, 5228 Brookline, who spoke on wanting Pulte to buy back her home. • Jennifer Sullivan, 5317 Storm King, who spoke on wanting Pulte to buy back her home. • Ken Russel, 6034 Mule Deer, who spoke on wanting Pulte to buy back his home. • Pedro Frechel, 3620 Storm Ridge, who spoke on wanting Pulte to buy back his home. • Tricia Mattison, P O Box 3022, Homeowners for better building • Janet Ahmad, 18 Silver Horn, Homeowners for better building Mayor Baldwin moved into executive session at 8:10 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, or value of real property, or real estate. Mayor Baldwin reconvened into regular session at 9:34 p.m. Reconvene into Relzular Session 5. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 6. Requests by Mayor. and Councilmembers that items be placed on a future City Council agenda. - No items requesters; 02 -28 -2012 Council minutes 7. -Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Mayor Pro -tem Scagliola who stated he received an email regarding parking problems around the YMCA facility. He stated he would provide the email to the City Manager. He also requested staff look into other interlocal agreements regarding joint emergency facilities in south Schertz. City Manager John Kessel stated he would look into this and get back with him. 8. 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 Scagliola who stated he attended the. following events: Schertz Chamber of Commerce/Texas State Optical Ribbon Cutting Miss Cibolo Scholarship Pageant Schertz Chamber of Commerce/Randolph Metrocom Rotary Club Ribbon Cutting Mayor Baldwin recognized Councihmember Antuna who stated he attended the following events: • Miss Cibolo Scholarship Pageant • Guadalupe County Commissioners Court Mayor Baldwin stated that he received information today fi•om Guadalupe County Commissioner Jim Wolverton requesting the City Council sign a resolution requesting Guadalupe County Judge Mike Wiggins to resign. Mayor Baldwin recognized Councilmember Fowler who stated he attended the following: - Schertz Chamber of Commerce Texas State Optical Ribbon Cutting - Schertz Chamber of Commerce/Randolph Metrocom Rotary Club Ribbon Cutting - Schertz Chamber of Commerce 2UR Health Plaque Presentation - MPO Public Meeting 02 -28 -2012 Council minutes 9. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager John Kessel who stated that wanted to extend his best wishes to John Bierschwale who has been out due to some medical issues. He extended his appreciation to those employees who visited John in the hospital. Mr. Kessel mentioned a customer service survey he received praising Development Services employee Bernice Fox for the assistance she provided to a citizen. Adiournment Mayor Baldwin adjourned the meeting at p.m. Mayor ATTEST; Brenda Dennis, TRMC, MMC City Secretary 02 -28 -2012 Council minutes