05-08-2012 MinutesNDINUTES
REGULAR MEETING
May 8, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 8,
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 Pro -Tem David Scagliola
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present:
City Manager John Kessel
Executive Director David Harris
City Attorney Michael Spain
CALL TO ORDER REGULAR MEETING
Councilmember Jim Fowler
Councilmember Cedric Edwards
Chief of Staff Bob Cantu
Executive Director Brian James
City Secretary Brenda Dennis
Mayor Pro -Tem Scagliola 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 the State of Texas.
City Events
Announcements of upcoming City Events by Executive Directors (D. Harris /J. BierschwaleB.
James)
• Thursday, May 10, 2012, Northeast Partnership meeting at Olympia Hills Golf Course and
Conference Center, 11:30 a.m.
• Thursday, May 10, 2012, Schertz Chamber of Commerce after hours mixer at Shops at Main
Plaza, 5:30 p.m.
• Saturday, May 12, 2012, General Election at Schertz Community Center 7:00 a.m. to 7:00
p.m.
• Sunday, May 13, 2012, Mothers Day.
• Tuesday, May 15, 2012, Police Department Vehicle and Technology Display, 5:30 p.m. to
6:00 in front of the City Council Chambers.
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Presentations
• San Antonio Metropolitan Organization MPO Presentation (D. Harris/Isidro Martinez)
Mayor Pro -Tem Scagliola recognized Director of the San AntonioBexar County Metropolitan
Organization Mr. Sid Martinez. Mr. Martinez provided a brief report regarding the San Antonio
Metropolitan Organization and answered questions.
• GIS Department Update (B. James/T. McFalls)
Mayor Pro-Tern Scagliola recognized GIS Coordinator Tony McFalls, Mr. McFalls
introduced GIS Specialist Bill Gardner. Mr. McFalls provided brief PowerPoint presentation
regarding the GIS department then answered questions from Council.
Worksession Items
• Presentation and discussion regarding the Boards and Commission Members Marketing and
Selection Process (J. Kessel/B. Dennis)
Mayor Pro -Tem Scagliola recognized City Secretary Brenda Dennis who provided a brief
presentation regarding the Boards and Commissions Marketing and Selection process. Ms.
Dennis stated a focus group consisting of Management, City Secretary's office, and Harry
Whitney, President of the Economic Development Corporation, met the early part of March
to discuss the process.
The group broke down the process into four steps:
Step 1 - Revise the Board Application
Step 2 - Revise the volunteer inter view selection process
Step 3 - Develop and/or search out training and educational programs for board members
Step 4 - Develop a recognition program for exiting board members
It was the consensus of Council to have staff proceed.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fall
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 Pro -Tem Scagliola recognized the following people who spoke:
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• Student Cooper Smith with Kung Jung Mu Sul, 1196 FM 78, who provided update
information and announcements regarding the organization's upcoming activities for Kung
Jung Mu Sul.
• Mr. Robert Brockman, 1000 Elbel Road, who spoke regarding the CPS Energy Substation
meeting advertised in the Herald.
Councilman Cedric Edwards arrived at 7.05 p.m.
Mayor Pro -Tern Scagliola recognized the following who spoke regarding the issues of
accountability, consumer protection, issues with their homes, and Pulte Homebuilders, requesting an
item be placed on a future agenda, requesting information the City has given to Pulte, and for Pulte
to buy back their homes:
• Ryan Mahoney, 5233 Columbia
• Janice Lapham, 5236 Columbia
• Donna Fitzgerald, 5304 Storm King
• Molly Casas, 5228 Brookline
• Mary Schmitt, 5436 Storm King
• Ken Russell, 6034 Mule Deer
• Angela. Russell, 6034 Mule Deer
• Daniel Hollestelle, 5525 Columbia
• Faye Touve, 5213 Brookline
• Eray Yilmaz, 3616 Storm Ridge
• Trishia Mattison, P O Box 3022, Universal City, Homeowners for Better Building
• Sherry Clark, 5269 Brookline
Discussion and /or Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 1, 2012. (J. Kessel/B. Dennis)
Mayor Pro -Tem Scagliola recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve the May 1, 2012 minutes as presented. The vote was
unanimous. Motion carried.
2. Ordinance No. 12 -D -10 — Consideration and/or action approving an ordinance amending
and revising Section 86 -149, Parking Prohibited, repealing all ordinances or parts of
ordinances; and providing an effective date. First Reading (J. Kessel/S. Willoughby/L.
Busch)
The following caption was read into record:
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ORDINANCE NO. 12 -D -10
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS BE AMENDED BY REVISING SECTION 86 -149, PARKING
PROHIBITED, REPEALING ALL ORDNANCES OR PARTS OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro -Tern Scagliola recognized Engineer in Training Larry Busch who introduced this
item stating that concerns about sight distance from the commercial businesses on Corridor
Loop were presented to Traffic Safety Advisory Committee (TSAC). Based on recent
information brought forth to TSAC from both business owners and residents, the
Commission voted to recommend to Council an ordinance calling for no parking along both
sides of Corridor Loop. Mr. Busch stated that since this item was sent to Council, staff
discussed other options and conducted a traffic study in the area.
Mayor Pro -Tern Scagliola recognized Executive Director Brian Jaynes who stated that the
City has found that there are areas that when cars are parked it causes sight distance issues.
Mr. James also stated that staff is recommending that only certain areas of Corridor Loop are
marked as no parking and allow other areas for parking. The issues stem from the number of
successful businesses located in this area and the lack of parking. Mr. James fi rther
suggested that Council and staff revisit this item in six months to review the results fiom
these recommended changes.
Councilmember Edwards and City Manager John Kessel discussed the options of the
stakeholders of this area in correcting the parking issues. Executive Director Brian James
indicated that the ordinance would need to be adjusted at the second reading to reflect the
new recommendations from staff for certain areas where parking would be allowed. Council,
City Attorney Michael Spain, and staff further discussed this item in-detail regarding areas
where parking would be allowed and would not be allowed as well as enforcement issues.
Council would like to revisit this item in six months to gauge the effectiveness of this
change.
Mayor Pro -Tern Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve Ordinance No. 12 -D -10 with no parking on the entire
street. As Council had more questions, no vote was taken and the detailed discussion on this
item continued.
Mayor Pro -Tern Scagliola recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve the amended Ordinance No. 12 -D -10 to allow parking
on ten spaces along the Chili's parking lot on first reading. The vote was unanimous.
Motion carried.
3. Ordinance No. 12 -M -11 — Consideration and/or action approving an ordinance abandoning
a portion of the Maske Loop Right -of- -way; and authorizing the . conveyance thereof to the
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abutting landowner; providing an effective date; and declaring an emergency. First & Final
Reading (J. Kessel/M. Spain)
The following caption was read into record:
ORDINANCE NO. 12 -M -11
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ABANDONMENT OF A PORTION OF MASKE LOOP AND
THE CONVEYANCE THEREOF TO THE ABUTTING LANDOWNER;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY
Mayor Pro -Tern Scagliola recognized City Attorney Michael Spain who introduced this item
stating that the portion of Maske Loop located between Schertz Parkway and Oak Valley
( "Road ") has been closed to vehicular traffic by the City. The City's thoroughfare plan
contemplates discontinued use and abandonment of the Road. The City desires to abandon a
portion of the Road (the "Segment ") and to turn the remaining portions of the Road into a
future hike and bike trail. Only one property owner (the "Owner ") owns any property
abutting the Segment. In anticipation of abandoning the segment, the City, in accordance
with State law, contacted the Owner and asked the Owner if they would like to accept the
Segment by quitclaim deed. The Owner responded that they desire to accept the Segment
from the City by a quitclaim deed, which does not require the City to make any warranty as
to the title of the Segment.
After the Segment has been conveyed to the Owner, the City will no longer be required to
pay to maintain the Segment. In addition, the decision not to abandon the remaining portion
of the road will allow the City to expand its hike and bike trail system. City staff
recommends abandoning the Segment by quitclaim deed and proceed with plans to turn the
remaining portion of the road into a future hike and bike trail.
Mayor Pro -Tern Scagliola recognized Mr. John Cunningham, 2404 Woodbridge Way, who
requested clarification regarding a letter, sent from Fulbright and Jaworski in October 2011,
regarding the complete closure of the roadway and the legal issues surrounding such closure.
Mr. Cunningham expressed his concerns of opening this area up as a bike and bike trail as
well as other concerns for development in the area. City Attorney Michael Spain clarified
the legal issues regarding closure of a roadway, as well as the anticipation of this area in
regards to the letter sent in October 2011, and he, City Council, City Manager John Kessel,
and Executive Director Brian James, further discussed this item in detail, discussing the
location of the hike and bike trail and the proximity of the roadway to be abandoned, the
right -of -way, and easements. Management and staff answered questions from Council.
Mayor Pro -Tem Scagliola recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve Ordinance No. 12 -M -11 first and - final reading
providing an effective date; and declaring an emergency, The vote was unanimous. Motion
Carried.
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Mayor Pro -Tem Scagliola moved into Executive Session at 8:30 p.m.
Councilmember Antuna arrived at 8:90 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,
Section 551.074 Deliberation regarding personneI matters, duties of certain public
officials and employees, and Section 551.087 Texas Government Code — Deliberation
regarding Economic Development Negotiations.
Councilmember Antuna left the meeting at 9: 30 p.m.
Mayor Pro-Tern Seagliola reconvened into regular session at 9:40 p.m.
4. Take any action deemed necessary as a result of the Executive Session.
No action required:
Requests and Announcements
5. Requests by Mayor Pro-Tern and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
6. Requests by Mayor Pro -Tem and Councilmembers to City Manager and Staff for
information.
Mayor Pro -Tem Scagliola recognized Councilmember Carpenter who requested that staff
research and utilize a style guide that would provide a PowerPoint template for future
presentations to Council for uniformity.
Mayor Pro-Tern Scagliola recognized Councilmember Fowler who stated that recently
Guadalupe County sent out information cards to the voters regarding precinct voting. He has
requested from staff that information regarding Saturday's election be posted on the marquee
as well as on the doors of the Schertz precinct location telling voters where to go on Saturday
to vote.
Councilmember Fowler also mentioned that a Schertz voter with a Cibolo address was given
the wrong ballot. Staff indicated that they would get with Councilmember Fowler to obtain
the address of the voter and relay the message to the Election Administrator.
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7. Announcements by Mayor Pro -Tem and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• 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 Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the
Schertz Sweetheart Coronation last week.
Mayor Pro-Tern Scagliola mentioned he also attended the Sweetheart Coronation as well as
attended the Sysco open house.
8. Announcements by City Manager
Mayor Pro-Tern Scagliola recognized City Manager John Kessel who reminded everyone of
the upcoming Randolph Area Christian Assistance Program Food Pantry Drive scheduled
Saturday, May 12, 2012. Mr. Kesscl stated that he also attended the Schertz Sweetheart
Coronation. He mentioned that he was amazed at the young ladies, their maturity, and their
representation of our community.
Mr. Kessel read a letter sent to Chief Taylor from Gary Baldwin, brother of Mayor Hal
Baldwin, commending and thanking staff for their assistance in the arrangements they
provided. He mentioned the outpouring of respect, honor, and love demonstrated by the City
colleagues, the area business associates, and his many friends throughout the City was
overwhelming and appreciated.
Adiournment
Mayor Pro -Tem Scagliola adjourned the meet' 9 at 9:55 p.m.
ie2? Z �e- - 7e
Mayor Pro- em D agliola
ATTEST:
Brenda Dennis, TRMC, M.MC City Secretary
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