07-24-2012 MinutesMINUTES
REGULAR MEETING
July 24, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 24,
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 George Antuna
Councilmember Jim Fowler
Staff Present:
Executive Director David Harris
Executive Director Brian James
City Attorney Katherine Tapley
Councilmember Michael Carpenter was absent.
CALL TO ORDER REGULAR MEETING
Councilmember David Scagliola
Councilmember Cedric Edwards
City Manager John Kessel
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Pro -Tem Antuna called the meeting to order at 6:00 p.m. and welcomed everyone. Mayor
Pro -Tem Antuna stated that Councihnember Carpenter was absent this evening, as he was on
vacation for two weeks.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councilmember Fowler gave the invocation. Mayor Pro -Tem Antuna recognized Eagle Scout
Candidate Joe Knox with Troop 343 with Our Lady of Perpetual Help who came forward and lead
the Pledges of Allegiance to the Flags of the United States and the State of Texas.
Mayor Pro Tern, Antuna also recognized Boy Scout Zachary Auville with Troop 323 in Cibolo who
was in the audience this evening working on his Communications Merit Badge.
Worksession
• Presentation and discussion regarding the Schertz Chamber of Commerce Quarterly Report
by Schertz Chamber President (J. Kessel/M. Titterington)
Mayor Pro-Tern Antuna recognized Schertz Chamber of Commerce President Maggie
Titterington who provided the Schertz Chamber of Commerce Quarterly Report. Ms.
Titterington stated that she would provide a hard copy of the report to the City later this
week.
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Mayor Pro -Tern Antuna recognized Councilmember Edwards who asked if it was possible to
host the high school proms at the Civic Center. Ms. Titterington stated that the facility is not
large enough to accommodate the large number of students that would be in attendance.
Mayor Pro -Tem Antuna, Councilmembers, and staff thanked Ms. Titterington for the report
and all of her efforts making the Chamber such a success.
City Events
Announcements of .upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Pro -Tem Antuna recognized Executive Director David Harris who provided the following
announcements:
• Thursday, July 26, 2012, at 5:00 p.m. the Schertz Chamber Of Commerce will be hosting
"The Taste - Around the World" to be held at the Schertz Civic Center.
• Tuesday, July 31, 2012, at 5:00 p.m. the City will hold a budget workshop at 5:00 p.m. He
stated that there would not be a regular Council meeting that evening..
• Tuesday, August 7, 2012, at 4:00 p.m. the City will hold a budget workshop starting at 4:00
p.m. followed by the regular Council meeting.
Mayor Pro -Tem Antuna reminded citizens of the decorum which Council would be following.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should f ll
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the
Council may be requested to leave the meeting.
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 Pro -Tem Antuna recognized the following who spoke:
• John Fitzgerald, 5304 Storm King, who thanked the City for attending their HOA barbecue
on Saturday. He also spoke briefly regarding binding arbitration.
• Jan Lapham, 5236 Columbia, who on behalf of the Board of Directors of the Homeowners
Association, thanked the City of Schertz for attending the HOA barbecue event this weekend.
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Sherry Clark, 5269 Brookline, who also thanked those who attended the HOA barbecue. Ms.
Clark thanked Councilmembers Fowler and Scagliola and Executive Director Brian James
for their meeting last Wednesday. Ms. Clark also informed the Council of information
regarding a home on Storm King, which she heard that Pulte would have to tear it down.
Clare Layton, 12231 Lost Meadows Drive, who publically thanked dispatch and the Water
Department for responding so quickly to the water outage situation this weekend. She stated
they did a spectacular job and commented on the fast follow -up.
Mayor Pro -Tern Antuna recognized Councilmember Edwards who recognized Mr. Bob Hawkins
and Mr. & Mrs. Bowers who live in the Oak Forest Subdivision, thanking them for bringing the
Lazy Oak problem to their attention.
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 Pro -Tem or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of July 17, 2012. (J. Kessel/B. Dennis)
2. Resolution No. 12 -R -67 -- Consideration and/or action approving a Resolution authorizing
the City Manager to resubmit for the FEMA Staffing for Adequate Fire & Emergency
Response (SAFER) Grant. (J. Bierschwale/D. Covington)
The following caption was read into record:
RESOLUTION NO. 12 -R -67
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO SUBMIT FOR THE FEMA STAFFING
FOR ADEQUATE FIRE & EMERGENCY RESPONSE (SAFER) GRANT
3. Ordinance No. 12 -E -12 — Consideration and/or action approving an Ordinance calling a
Special Election to be held in the City of Schertz on November 6, 2012, for the purpose of
electing a Mayor to fill a vacancy in such office and calling a Home Rule Charter
Amendment Election to be held in the City on such date; making provision for conduct of the
election; and resolving other matters incident and related to such election and declaring an
effective date. Q. Kessel/K. Tapley) Final Reading
The following caption was read into record:
ORDINANCE NO. 12 -E -12
AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY
OF SCHERTZ ON NOVEMBER 6, 2012, FOR THE PURPOSE OF ELECTING A
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MAYOR TO FILL A VACANCY IN SUCH OFFICE AND CALLING A HOME
RULE CHARTER AMENDMENT ELECTION TO BE HELD .IN THE CITY ON
SUCH DATE; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION;
AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION AND DECLARING AN EFFECTIVE DATE
Mayor Pro -Tern Antuna recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve the consent agenda items 1, 2, and 3 as presented. The
vote was unanimous. Motion carried.
Discussion and /or Action Items
4. Ordinance No. 12 -S -16 - ZC2012 -002 - Conduct a public hearing and consideration and/or
action approving an Ordinance amending the official zoning map Ordinance No. 11 -S -15 by
rezoning approximately 499.44-L acres of land from Planned Development District (PDD)
Ordinance No. 12 -S -01 Sedona Trails Subdivision to the Crossvine Subdivision Planned
Development District (PDD), generally for Mixed Use Development. The property is located
in the City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower
Seguin Road; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance;
providing a penalty clause; providing an effective date; and other matters in connection
therewith. First Reading (B. James/M. Sanchez)
The following caption was read into record:
ORDINANCE NO. 12 -S -16
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE
OFFICIAL ZONING MAP ORDINANCE NO. 11 -S -15 BY REZONING
APPROXIMATELY 494.44± ACRES OF LAND FROM PLANNED
DEVELOPMENT DISTRICT (PDD) ORDINANCE NO. 12 -S -01 SEDONA TRAILS
SUBDIVISION TO THE CROSSVINE SUBDIVISION PLANNED DEVELOPMENT
DISTRICT (PDD), GENERALLY FOR MIXED USE DEVELOPMENT. THE
PROPERTY IS LOCATED IN THE CITY OF SCHERTZ, BEXAR COUNTY,
TEXAS, GENERALLY LOCATED WEST OF FM 1518 AT LOWER SEGUIN
ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING A PENALTY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tern Antuna recognized Development Services Director Michelle Sanchez who
introduced this item stating that action rezones approximately 494.44 ± acres of land located
west of FM 1518 and south of Lower Seguin Road from the Sedona PDD to the Crossvine
PDD per request of Developer Chris Price, Schertz 1518, Ltd. The PDD amendment has
been reviewed with no objections by the City Engineer, Public Works, Parks, Inspections,
Fire, and Police.
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The Planning and Zoning Commission, at its meeting on July 11, recommended conditional
approval with a 511 vote and one recusal of the request for a zoning change of the property.
The conditional approval included the removal of the statement in section 8.6 Phasing of
Final Plats requiring the final plat of the property to be denied if the new development
increases the number of lots reflected in the preliminary plat by less than five. This has been
amended in the revised document provided to Council. Based on the recommendation from
the Planning and Zoning Commission, staff recommends approval of the PDD including the
condition to remove the above mentioned statement. No fiscal impact. Staff Recommends
approval.
Timeline is as follows:
July 24, 2012 Public Hearing and First Reading of Ordinance
August 7, 2012 Final Reading of Ordinance
Mayor Pro-Tern Antuna recognized Owner /Applicant Chris Price who came forward and
reiterated his excitement on the project as well as commended City staff for the involvement
and support in the project.
Mayor Pro -Tem Antuna opened the public hearing and recognized the following who spoke:
Mr. Steve White, 805 Main, who stated he was a member of the TIRZ II Board,
and asked if they needed to change the original agreement. City Attorney
Katherine Tapley stated that there was no need to change the original agreement,
that this was a name change only.
Mr. Robert Brockman, 1000 Elbel, who asked if there would be an HOA and also
requested the City enforce the sign standards.
As no one else spoke, Mayor Pro -Tem Antuna closed the public hearing taking comments
and questions from Council. Mayor Pro-Tern Antuna recognized Owner /Applicant Mr. Chris
Price, Development Services Director Michelle Sanchez, and Executive Director Brian James
who addressed Council's questions.
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who moved, seconded by
Councilmember Edwards to approve Ordinance 12 -S -16 on first reading. The vote was
unanimous. Motion carriers;
5. Ordinance No. 12 -M -17 — Presentation and consideration and/or action approving an
Ordinance of the City of Schertz, amending the City of Schertz Code of Ordinances and
certain other Ordinances by amending and establishing fees for certain licenses, permits, and
other services provided by the City of Schertz; providing that this Ordinance shall be
cumulative of all Ordinances as to such subject; providing for future amendments of this
Ordinance by Resolution; providing a severability clause; providing for a penalty clause;
providing a savings clause; and providing an effective date. First Reading (D. Harris/R.
Galindo)
The following caption was read into record:
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ORDINACE NO. 12 -M -17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND CERTAIN
OTHER ORDIANCES BY AMENDING AND ESTABLISHING FEES FOR
CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE
CITY OF SCHERTZ; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES AS TO SUCH SUBJECT; PROVIDING
FOR FUTURE AMENDMENT OF THIS ORDINANCE BY RESOLUTION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro -Tem Antuna recognized Executive Director David Harris who introduced this
item stating that action amends the City Fee Schedule establishing fees for certain licenses,
permits, and other services provided by the City. In keeping with Council policy to provide
at least 45 days notice of fee changes to the public, this item is being considered at this time
to provide an October 1 effective date. The proposed fee changes in the General Fund are
not expected to result in significant revenue changes. The EMS fee changes will increase
revenues by $627,000. For the Drainage Fund, the proposed rate increase is expected to
generate $26 8,000 in additional revenue. Both EMS and Drainage are self-sustaining funds
and these fee increases are necessary to support ongoing operations and maintenance. Mr.
Harris stated staff recommends approval.
City Manager John Kessel and Executive Director David Harris addressed Council concerns
and questions regarding the proposed increase of the EMS and Drainage fees.
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance 12 -M -17 on first reading. The vote was
unanimous. Motion carried.
6. FY 2012 -13 Budget Calendar Adoption — Discussion and consideration and/or action
regarding the adoption of the FY 2012 -13 Budget Calendar. (D. Harris /J. Santoya)
Mayor Pro -Tem Antuna recognized Executive Director David Harris who provided a briefing
on the upcoming FY 2012 -13 Budget Calendar. Mr. Harris provided the following
information:
• July 31, 2012, City Manager files proposed FY 2012 -13 Budget with City Secretary,
proposed budget distributed to City Council, post proposed budget on the City's
Website, and 1 st Budget Workshop.
• August 7, 2012, 2nd Budget Workshop, vote to place a preliminary Tax Rate on the
agenda, and schedule public hearings for Tax Rate & Public Hearings for budget.
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• August 8; 2012, publish effective Tax Rate and Schedule A &B, publish notice of Tax
Rate, public hearing dates and budget summary including EDC Budget, and first
Community Budget Presentation.
• August 15, 2012, second Community Budget Presentation.
• August 21, 2012, hold 1St public hearing on tax rate and on proposed FY 2012 -13
Budget.
• August 28, 2012, hold 2nd public hearing on tax rate and 1St vote; hold 2nd public
hearing on the budget and 1St vote, and Investment Policy presented to Council for
approval.
• September 4, 2012, vote on bud et Ordinance, 2nd reading and 2 "d vote, vote on tax
ordinance, and 2nd reading and 2° vote.
• September 5, 2012 to September 30, 2012, complete budget document and enter into
financial system.
• October 1, 2012, FY 2012 -13 new budget in effect.
No action was necessary.
Executive Session
Council did not meet in Executive Session.
Called under Section:
• 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 personnel matters, duties of certain public
officials and employees;
• Section 551.074 The appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of the City Manager;
Reconvene into Regular Session
7. Take any action deemed necessary as a result of the Executive Session.
No action taken, as Council did not meet.
Requests and Announcements
8. Requests by Mayor Pro -Tern and Councilmembers that items be placed on a future
City Council agenda.
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No items requested.
9. Requests by Mayor Pro -Tern and Councilmembers to City Manager and Staff for
information.
Mayor Pro -Tem Antuna recognized Councilmember Fowler who asked for clarification if
on Item 4 the language of the severability clauses should be consistent with the other item on
the agenda. City Attorney Katherine Tapley stated that the language presented on Item 4
basically states the same thing, but that they could change it on final reading.
Mayor Pro-Tern Antuna stated that he had received a letter from the Schertz Housing
Authority Board of Commissioners requesting that an appointment of a new Commissioner
be considered to replace recently deceased Commissioner Earl Sawyer. Mayor Pro -Tem
Antuna,stated that anyone wishing to serve on this Commission to please send a letter and
resume to the attention of the City Secretary, at bdennis@schertz.com for consideration.
10. Announcements by Mayor Pro -Tem 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 Pro-Tern Antuna recognized Councilmember Scagliola who stated he attended the
Fairhaven HOA barbecue this weekend.
Mayor Pro -Tem Antuna recognized Councilmember Edwards who also stated he attended the
Fairhaven HOA barbecue as well as he attended the ribbon cutting with Express Lube
Thursday, July 18, 2012.
Councilmember Edwards stated that he would be out of town on August 14, 2012, and would
not be in attendance at the Council meeting. He also mentioned that on July 30, 2012, there
will be a Starbucks Ribbon Cutting Ceremony at 4:30 p.m., in Converse and stated that the
Grand Opening will be held on July 31, 2012, at 5:00 a.m., and the first 100 customers
receive FREE Starbuck's coffee for-1 year.
Mayor Pro -Tem Antuna recognized City Attorney Katherine Tapley who introduced Ms.
Lauren Valkenaar who was attending this evening's Council meeting. Ms. Tapley stated that
Ms. Valkenarr was working as a summer associate this summer with Fulbright & Jaworski
L.L.P. She is about to start her third (and final) year of law school at St, Mary's University
School of Law, where she is currently ranked #1. She has a Bachelor of Arts in Political
Science from Trinity University, where she graduated Magna Cum Laude.
11. Announcements by City Manager
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Mayor Pro -Tem Antuna recognized City Manager John Kessel who stated he wanted to
publically thank the Finance Department for their long hours and outstanding work on the
proposed budget.
Ad'ournment
Mayor Pro-Tern Antuna adjourned the meeting at 7:52 p.m.
A ST:
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Brenda Dennis, TRMC, MMC, CPM City Secretary
07 -24 -2012 Minutes
Mayor Pro -Tem George Antuna