10-15-2013 MinutesMINUTES
REGULAR MEETING
October 15, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
15, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Pro-Tem Jim Fowler
Cauncilmember David Scagliola
Councilmember Cedric Edwards
Councilmember George Antuna
Councilmember Sydney Verinder
Staff Present:
Executive Director David Harris
City Secretary Brenda Deruus
Mayor Michael Carpenter was absent.
CALL TO ORDER:
Executive Director Brian James
City Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
Mayor Pro-Tem Fowler called the Regular Meeting to order at 6:02 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Ryan Russell, Victory Assembly of God Church, gave the Invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fll
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 existingpolicy 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 Fowler recognized the following who spoke:
• Miss Hannah Hicks, a leadership student at Kung Jung Mu Sul, who invited the
Council to their upcoming October events; birthday, costume party, and women self
defense classes.
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Ms. Maggie Titterington, President of Schertz Chamber of Commerce, who provided
information on Chamber events. She stated the Chamber luncheon held today was
-very well attended and they enjoyed a presentation by Michelle Sanchez, Director of
Development Services with the City of Schertz. On October 1T~, they will host a
Mixer/Grand Opening for Schertz Parkway Physical Therapy from 5:30 p.m.-7:00
p.m. Friday, October 18a' will be the Golf Classic, and on Thursday, October 24`~
will be the "Meet the Candidates" open house at the Schertz Civic Center. The
Cibolo candidates will be available for questions and discussion from 6:00 p.m. to
7:00 p.m. and the Schertz candidates will be available from 7:15 p.m: to 8:15. p.m.
This event is open to the public. The Leadership Core Class deadline is October 31.
There will also be a Ribbon Cutting at Gunn Auto in Selma at 12:00 p.m. with family
activities from 4:00 p.m. to 7:00 p.m. On November 15"' there will be an Awards
Banquet for small businesses.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Pra-Tem Fowler recognized Executive Director of Support David Harris who
provided the following announcements of upcoming events:
The Schertz Chamber of Commerce
Friday, October 18t~' with registration
Golf Course.
Golf Classic tournament will be this
beginning at 10:30 a.m. at Northcliffe
Monday, October 21 Sr, early voting begins. Information is available on the
City's website at www.schertz.com as well as the Bexar, Guadalupe, and
Comal county election web pages.
• Announcements and recognitions by City Manager {J. Kessel)
None at this time.
Presentations:
Presentation and Recognition Award to Christine Cosentino (J. Bierschwale/M. Hansen)
Wednesday, September 18, 2013, Emergency Services Communications Officer
Christine Cosentino assisted, via telephone, a 911 caller in the delivery of a baby boy.
Present for the recognition of Ms. Cosentino's performance were, baby Isaiah Edwards,
his mother Cassandra Edwards, grandfather Matt Long, and Aunt Tracy Anderson. EMS
Director Dudley Wait stated that it is a tradition when individuals deliver a child they are
presented with a certificate and stork pin. Mr. Wait presented Ms. Cosentino, Matt Long,
and Tracy Anderson with a certificate and stork pin. Additionally, Police Chief Michael
Hansen presented Ms. Consentino with an Exemplary Service Award.
Proclamation Chamber of Commerce Week (J. FowlerlM. Titterington}
Mayor Pro-Tem Fowler read and presented Ms. Titterington with a proclamation
commending the Chamber for its many contributions to the community.
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• Presentation and discussion regarding the lot widths. (B. JamesB. James)
Mayor Pro-Tem Fowler recognized Executive Director of Development Brian James who
delivered apower-point presentation containing information in regard to lot widths and
street widths. This information was requested by Council as a result of a previous zoning
question. The purpose of this data is to provide direction for the City's future master
plan, Mr. James provided detailed definitions regarding Density, Lot Width, and Lot
Depth, as well as some background data regarding minimum lot size as stated in the
current UDC. Generally, the larger the minimum required lot size, the lower the resulting
density. A good rule of thumb is to assume about 70% of a property can be developed
into lots -with the remaining portion being right~of--ways, easements, common lots, etc.
This can vary if the property is encumbered with floodplain and topography. The most
efficient way to lay out a subdivision is a grid pattern. A less efficient way to lay out a
subdivision is in a curvilinear street pattern. Grid designs are efficient; they offer
multiple routes through the neighborhood and greater connectivity to adjacent properties.
However, the straight streets do encourage speeding and may appear monotonous.
Curvilinear designs allow for a variety of views, more cul-de-sacs, and a greater variety
of lot sizes and shapes; however, they have less connectivity.
With regard to streets, wider pavement sections allow for cars to pass more easily, even
with cars parked on the street. The prablem is that it allows cars to also pass more
quickly, even with cars parked an the street. Mr. James stated we could consider an
additional "residential collector" with a width of between the two -maybe 37' of
pavement. This allows two cars to pass each other, even when cars are parked on both
sides of the street. In relation to islands in the street, the City could establish minimum
standards for pavement width adjacent to landscape islands and consider minimum lot
widths associated with no parking zones adjacent to islands.
Staff recommendations are to work with the Planning and Zoning Commission to
formulate recommendations regarding: 1} adding a minimum lot width to the R-A
District to avoid "flag" lots 2) modifying the cul-de-sac requirements of the UDC to an
appropriate standard 3) work on lot measurement definitions, and 4) work to develop a
true garden home zoning district and subdivision design.
Mayor Pro-Tem Fowler and Council provided their comments and thanked Mr. James for
his presentation.
Mayor Pro-Tem Fowler requested Item 2 be pulled for separate action.
Consent Agenda Items
1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
meeting of September 24, 2013. (J. KessellB, Dennis}
3. Appointments/Reappointments and Resignations to City Boards, Commissions,
Committees -Consideration andlor action regarding appointmentslreappointments and
resignations to City Boards, Commissions, and Committees. (J. KesselB. Dennis}
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• Appointment of Ms. Reginna Agee - Regular Member, Board of Adjustments
Mayor Pro-Tem Fowler recognized Councilmember Edwards, who moved, seconded by
Councilmember Scagliola, to approve the Consent Agenda items 1 and 3. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards,
and Yerinder voting yes and no one voting no. Motion Carried.
Discussion and Action Items
2. Resolution No. 13-R-87 -Consideration and/or action approving a Resolution authorizing a
contract with A&E Lopez Construction, Inc. relating to the construction of ribbon curbs on
bath sides of Lazy Oak Drive and the sidewalk extension on Circle Oak Drive to Lazy Oak
Drive as well as construction of a sidewalk in the park adjacent to Lazy Oak Drive and a
sidewalk extension on Woodland Oaks Drive and authorizing the budget estimates for the
projects and other matters in connection therewith. (J. BierschwalelS. Willoughby)
The following was read into record;
RESOLUTION NO, l.3-R-87
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH A&E LOPEZ CONSTRUCTION, INC.
RELATING TO THE CONSTRUCTION OF RIBBON CURBS ON BOTH SIDES OF
LAZY OAK DRIVE AND THE SIDEWALK EXTENSION ON CIRCLE OAK DRIVE
TO LAZY OAK DRIVE AS WELL AS CONSTRUCTION OF A SIDEWALK IN THE
PARK ADJACENT TO LAZY OAK DRIVE AND A SH)EWALK EXTENSION ON
WOODLAND OAKS DRIVE AND AUTHORIZING THE BUDGET ESTIMATES
FOR THE PROJECTS AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Fowler recognized Assistant Public Works Director Jimmy Hooks who
introduced this item stating that Public Wanks and Engineering met with the residents on
Lazy Oak Drive in a Town Hall Meeting to discuss the improvements needed on Lazy Oak
Drive. The street has an approximate driving surface of 16 feet with no sidewalks or curbs.
Staff worked on a plan to improve the street and has decided that the following items are
necessary for improvement;
• Widen driving surface to a minimum of 24 feet for Lazy Oak Drive
• Ribbon curbs on bath sides of Lazy Oak Drive
• Sidewalk extension on Circle Oak to Lazy Oak Drive
• Sidewalk in the park adjacent to Lazy Oak Drive
• Sidewalk extension on Woodland Oaks Drive
On September 11, 2012, Council authorized Resolution 12-R-$2 approving an agreement
with Ford Engineering, Inc. relating to engineering and design for the Lazy Oak Drive
Reconstruction and Circle Oak Drive Sidewalk Construction Project.
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The bid request included the following items:
Construction of ribbon curbs on both sides of Lazy Oak and the sidewalk extension
on Circle Oak Drive to Lazy Oak Drive
Addendum #1 --Sidewalk in the park adjacent to Lazy Oak Drive
Addendum #2 -Sidewalk extension on Woodland Oaks Drive
Mr. Haoks stated three (3} bids were received on this project on September 19, 2013 and
after reviewing all bids, A&E Lopez Contractors submitted the lowest bid in the amount of
$33,999 for the construction of ribbon curbs on both sides of Lazy Oak and the sidewalk
extension on Circle Oak Drive to Lazy Oak Drive with an Alternate Bid No. 1 of $22,680 for
the sidewalk in the park adjacent to Lazy Oak Drive, and an Alternate Bid No. 2 of $4,200
for the sidewalk extension on Woodland Oaks Drive fox a tofal bid, including alternates of
$60,879.
If the bid is approved, A&E Lopez will complete the construction of ribbon curbs on both
sides of Lazy Oak Drive and the sidewallcs on Circle Oak Drive to Lazy Oak Drive as well as
Addendum # 1 for the sidewalk in the park adjacent to Lazy Oak Drive and Addendum #2
for the sidewalk extension on Woodland Oaks Drive. The road reconstruction for Lazy Oak
Drive will be carnpleted by the Public Works Street Department.
Mayor Pro-Tern Fowler recognized Councilmember Scagliola, who moved, seconded by
Councihnember Edwards, to approve Resolution No. 13-R-87. The vote was unanimous
with Mayor Pro-Tern Fowler, Councilmembers Scagliola, Antuna, Edwards, and Verinder
voting yes and no one voting no. Motion Carried.
4. Ordinance No. 13-D-43 -- Consideration and/or action approving an Ordinance amending
the City Code of Ordinances revising Section 8fi-41, Stop Intersections - designating a stop
sign at Verde Parkway & Mid Cities Parkway. First Reading (J. Bierschwale/L. Busch}
The following was read into record:
ORDINANCE NO. 13-D-43
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 86-41, STOP INTERSECTIONS-
DESIGNATED; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro-Tern Fowler recognized Engineer in Training Larry Busch who introduced this
item stating that Public Works received a request to consider installing a stop sign on Verde
Parkway at Mid-Cities Parkway. With the new businesses in the area the volume of traffic
has and will increase. Mid-Cities Parkway had been adead-end roadway with one driveway
and now will be one of the main entrances for the truck traffic to Amazon. Mr. Busch also
stated the Transportation Safety Advisory Commission unanimously approved the addition of
this stop sign at their September 5, 2013 meeting. Staff recommends installing the stop sign
on Verde Parkway at Mid-Cities Parkway.
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Mayor Pro-Tem Fowler recognized Counciltnember Scagliola, who moved, seconded by
Cauncilmember Antuna, to approve Ordinance No. 13-D-43 first reading. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards,
and Yerinder voting yes and no one voting no. Motion Carried:
5. Ordinance Na. 13-D-44 - Consideration and/or action approving an Ordinance amending
the City Code of Ordinances by revising Section 86-115 Maximum limits generally on
specific streets, designating 30 mph on Triton, Guada Coma, and Corridor Parkway. First
Reading (J. Bierschwale/L. Busch)
The following was read into record:
ORDINANCE NO. 13-D-44
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 86-115, MAXIMUM LIMITS
GENERALLY ON SPECIFIC STREETS; AND PROVIDING AN EFFECTIVE
DATE.
Mayor Pro-Tem Fowler recognized Engineer in Training Larry Busch who introduced this
item stating that the Transportation Safety Advisory Commission was approached by a
property owner in the Tri-County Business District about changing speed limits on streets in
the area to be consistent at 30 mph. By changing the speed limits on Triton, Guada Corna,
and Corridor Parkway to 30 mph the speed limits will be consistent in the area and conform
to the 85th percentile standard which will reduce confusion.
The Transportation Safety Advisory Commission unanimously approved changing the speed
limits of Triton and Guada Coma to 30 mph at the September 5, 2013 meeting and changing
Corridor Parkway to 30 mph at the October 3, 2013 meeting. Staff recommends approval.
Mayor Pro-Tem Fowler recognized Councilmember Scagliola, who moved, seconded by
Councilmembcr Antuna, to approve Ordinance .No. 13-D-44 farst reading. The vote was
unanimous with Mayor Pro-Tem Fowler, Councilmembers Scagliola, Antuna, Edwards,
and Yerinder voting yes and no one voting no. Motion Carried.
6. Ordinance No. 13-D-45 - Conduct a public hearing and consideration andlor action amending
the Unified Development Code (UDC} Section 21.4.9 Designation of Historic Landmarks,
PH Creation of Historic Districts, and Certificates of Appropriateness. First Reading (B. JamesB.
James)
The following was read into record:
ORDINANCE NO. 13-D-45
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT CODE (UDC} SECTION 21.4.9
DESIGNATION OF HISTORIC LANDMARKS, CREATION OF HISTORIC
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DISTRICTS, AND CERTIFICATES OF APPROPRIATENESS; AND PROVIDING
AN EFFECTIVE DATE.
Mayor Fro-Tem Fowler recognized Director of Development Brian James who introduced
this item stating that the proposed amendment involves changes to Section 21.4.9
Designation of Historic landmarks, Creation of Historic Districts and Certificates of
Appropriateness. The City Council has been designating Historic Landmarks based on the
recommendation of the Schertz Historical Preservation Committee {SHPC) for some time.
The program was intended to recognize structures important in the community's past, but
was not intended to trigger any additional regulations. Chapter 442 of the Government
Code/Section 315.006 of the Texas Local. Government Code does impose additional
regulations on structures and properties designated as historic by a local government This
was not the intent of the City of Schertz designation.
As such, it is recommended that the UDC be amended to alter the title of the designation to
landmark property with the stipulation that the properly is not to be considered a "historic
structure or property" per section 315 of the Texas Local Government Code.
Mr. James stated that in anticipation of Council consideration of this item after the Planning
and Zoning Commission recommended approval of the amendment on September 11, staff
noticed this item far consideration by City Council on October 15. Prior to consideration by
Ciry Council, the ordinance is being sent to the Schertz Historic Preservation Committee for
consideration on October 24. Pending their consideration, it is anticipated the item will be re-
noticed for consideration by City Council in November or December. Staff recommends
Council open the public hearing, take comments, and close the public hearing and postpone
action indefinitely.
Mayor Pro-Tem Fowler opened the public hearing and as no one else spoke, Mayor Pro-Tem
Fowler closed the public hearing.
No action taken.
RoII Call Vote Confirmation
Mayor Pro-Tem Fowler recognized Deputy City Secretary Donna Schmoekel who recapped the
votes fax agenda items 1 through S.
Re uests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
New Departmental initiatives
Mayor Pro-Tem Fowler recognized City Manager John Kessel who complimented the
Council for their efforts in attending the recent Texas Municipal League Conference.
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8. Requests by Mayor Pra-Tem and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
9. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff fox
information.
Mayor Pro-Tern Fowler recognized Cauncilmember Scagliola. who thanked and
complimented Executive Director of Operations John Bierschwale for his efforts in working
with TxDOT to get the bridge fixed on Schwab Road and for working with TxDOT in getting
the light fixed at IH 3 5 and FM 1103. Councilmember Scagliola also asked if Mr.
Bierschwale would work with TxDOT on the turn lane on FM 1103.
10. Announcements by Mayor Pro-Tem and Councilmembers
• City and community events attended and to be attended
• City Council Comunittee 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-Tem Fowler recognized Councilmember Scagliola who stated he attended the
following:
• Tuesday, October 1, 2013, National Night Out Celebrations
• Guadalupe-Blanco River Authority Pecan Fest, Nolte Park, Seguin, TX
• Saturday, October 12, 2013, City of Cibolo Festival
• Tuesday, October 15, 2013, Schertz Chamber of Commerce luncheon
Mayor Pro-Tem Fowler recognized Councilmember Edwards who stated he attended the
following:
• Tuesday, October 1, 2013, National Night Out Celebrations
• Tuesday, October 15, 2013, Schertz Chamber of Comrnexce luncheon
• Tuesday-Friday, October $-11, 2013, Texas Municipal League (TML) Conference
Mr. Edwards spoke of several noteworthy items of thought such as `small is
the new big.' People want to live in communities that offer amenities. They
are moving to the cities where they can live, work, and play. Retailers are
following rooftops and creating jobs. He talked with people about the West,
TX disaster and found out houses fell apart because of handy men not doing
their jobs correctly. This is one of the reasons we are making changes to our
UDC. Also, why not blend a building into the community rather than leveling
it. A speaker told them to appreciate where you are, act on your vision, don't
be cocky, but be gutsy. We are seeing great change right now. We will
continue to do great things.
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Mayor Pro-Tem Fowler stated he attended the following events:
• Tuesday-Friday, October 8-11, 2013, Texas Municipal League (TML} Conference
He stated he attended about 10 different sessions, some on leadership and the
relationships between city staff and their communities.. He came away with one
important thing; an affirmation that the way we are doing our planning and operation is
top notch, We are doing a Iot of right things far the good of the future. Our City is a
leader.
Mayor Pro-Tem Fowler recognized Councilmember Antuna who stated he attended the
following:
• Tuesday-Friday, October 8-ll, 2013, Texas Municipal League (TML) Conference
Councilmember Antuna stated he concurred with what Mayor Pro-Tem Fowler just
said. He stated Schertz is above and beyond a lot of other communities and we are a
forward thinking community.
Mayor Pro-Tem Fowler recognized Councilmember Verinder who stated he attended the
following:
• Tuesday-Friday, October 8-11, 2013, Texas Municipal League (TML) Conference
Councilmember Verinder stated his impressions of the events held at TML were hard
nuts and bolts practical application sessions. Those attending were Mayors,
Councilmembers, City Secretaries, Public Works employees, and other assorted
problem solvers. He came away with 15 distinct steps to attract more business retail.
Best practices is a term we are all familiar with. However, we need to go forward and
use `Next Practices' to move -into the future. He appreciated the opportunity to attend
the TML conference.
Mayor Pro-Tem Fowler recognized Boy Scout Will Chandler, Troop 51, who was in the audience
this evening working on his Citizenship in the Community merit badge.
Mayor Pro-Tem Fowler recessed the regular meeting info executive session at 7: SI p.m.
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
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Section 551.0'74 Texas Government Code -Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Section 551.074 Texas Government Cade -Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Reconvene into Re ular Session
Mayor Pro-Tem Fawley reconvened into regular session at 9:50 p.m.
11. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Adiourument
As there was no further business, the meeting was adjourned at 9: 50 p. m.
un Fowler, Mayor Pro-Tem
ATTEST:
cretary, Brenda Dennis
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