05-20-2014 MinutesMINUTES
REGULAR MEETING
May 20, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 20,
2014, 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 David Scagliola
Councilmember Cedric Edwards
Councilmember Jim Fowler
Councilmember Matthew'Duke
Staff Present: City Manager John Kesssel,
Deputy City Manager John Bierschwale Executive Director Brian James
Chief of Staff Bob Cantu City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Mayor Michael Carpenter and Councilmember Daryl John were absent.
Call to Order
Mayor Pro -Tem Scagliola called the Regular Meeting to order at 6:00 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, provided the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Pro -Tem Scagliola recognized Executive Director of Development Brian James who
provided the following announcements and upcoming events:
• Thursday May 22, Cibolo Valley Local Government Corporation Joint Workshop
with member cities, 6:30 p.m., City of Cibolo, 200 South Main, City Hall.
• Sunday, May 25, EMS Banquet, at the Civic Center, (6:00 p.m., social hour) (7:00
p.m. dinner) RSVP by May 13 to: Amy Sellers at 619 -1400 or asellers@schertz.com.
• Monday, May 26, City offices closed in observance of Memorial Day.
o Monday, May 26, Memorial Day event hosted by the City of Cibolo, Veterans Park,
3864 Cibolo Valley Drive at 10:30 a.m.
o Tuesday, May 27, at City Council meeting the Council and staff will be recognizing
one of our long term employees, Andrew Lambert for 25 years of service.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who deferred to other
presentations on the agenda tonight.
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Mayor Pro -Tern Scagliola recognized Councilmember Hogue and Councilmember Garrett from the
City of Cibolo who were in attendance this evening.
Presentations:
• Proclamation recognizing National Emergency Medical Services Week (Mayor Pro -Tern
Scagliola/D. Wait)
Mayor Pro -Tem Scagliola read and presented the National Emergency Medical Services
Week Proclamation to EMS Director Dudley Wait and members of the EMS Department
who were present. Mr. Wait stated that this is EMS week and has been a very busy week so
far. Mr. Wait stated that EMS Crews will be visiting every elementary school in the district
this week to help educate the public on what they do and how they do it. Mr. Wait asked, if
you see aff ambulance this week please walk up and wish them a happy EMS week and ask
them questions on what they do.
• Cardiac Arrest Survivor Recognition (D. Wait)
Mayor Pro-Tern Scagliola recognized EMS Director Dudley Wait who stated that every year
during EMS week they like to publically recognize those individuals who during the last 12
months suffered a cardiac arrest and who were successfully resuscitated and able to walk out
of the hospital. Mr. Wait stated that this year EMS has five individuals that they want to
recognize and asked all the Fire and Ambulance medics to come forward and join their
patients and family members who they assisted.
Mr. Wait stated that Ms. Yvonne Ford and her family were unable to make it this evening but
recognized the following crew members who responded: Schertz EMS Medics Jason Burch
and Jim Busch. • Mr. Wait provided information on how the medics responded quickly to Ms.
Ford as she was having difficulty breathing and having severe chest pains. Medics started
treating her and as the medics were arriving at the hospital, the patient became unresponsive.
They looked at the cardiac monitor and she was in a rhythm, medics say, that was non
compatible with life. Medics • took the monitor and responded very rapidly with a
defibrillation shocking her back to a sinus rhythm.
Mr. Wait stated one of the five survivors was unable to make it this evening as they had a
pre - planned trip and another survivor is in such great shape that they are on a mission field in
South America.
Mr. Wait recognized Mrs. Jeanine Falcon and family members who were present as well as
her crew: Schertz EMS Medic 3 Jason Burch, Eddie Rodriguez, and Schertz Fire Engine 2,
Lt. Andy Lambert, Fire Apparatus Operator Ben Boney, Jason Tymrak, and Fire Fighters
Tim Rak and Patricio Wilson. Mr. Wait provided information on how the medics and Fire
Fighters responded to Mrs. Wilson, stating Ms. Falcon started having trouble breathing and
her husband called 911. Mr. Wait mentioned that while Mr. Falcon was on the phone to
dispatch he witnessed his wife go into cardiac arrest. - Mr. Falcon having learned CPR in the
military started CPR on his wife.
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Mr. Wait stated that CPR is a critical piece of the lifesaving, and what they call "the chain of
survival', and Mr. Falcon did CPR until the crews arrived. The crew quickly and
successfully resuscitated her and got her circulation going again. The crew at that time did a
12 lead EKG where they recognized that she was in the process of having a heart attack. The
crew alerted the hospital and began appropriate treatment and transported her to the hospital.
The hospital quickly responded to Mrs. Falcon opening up her coronary artery and a month
later she was released from the hospital.
Mr. Wait recognized Mr. Rowland Richie and his family members who were present as well
as the following crew members who responded to the call: Schertz EMS Brandon Hill and
Todd Kaiser, Schertz Fire Engine 1 Chris Deady, Alex Armstrong, and Todd Wamer, Mr.
Wait provided information that Mr. and Mrs. Richie were on their way back from Universal
City and Mr. Richie started complaining about pain in his left arm that began to radiate into
his chest. They drove to the station where Schertz Engine 1 and Medic 1 crews met Mr.
Falcon out front and immediately put him on the heart monitor where they recognized he was
having a heart attack in progress. The crews quickly began treatment and got him into the
ambulance. Shortly after placing him in the ambulance, Mr. Richie became unresponsive
and looking at the monitor showed he was in ventricular defibrillation. Because of their
preparedness and training, they rapidly defibrillated Mr. Richie where he became conscious
and they transported him to the hospital where they quickly opened up his artery and as a
result he was able to walk out of the hospital later.
Lastly, Mr. Wait stated that what you see in front of you is the prime reason they want
everyone to learn CPR. It is more important than it ever was. Science shows that it is the
one key factor, if done very regularly and without interruption, to help someone in cardiac
arrest to have the greatest rate of survival. It is easier to do today than some of us remember,
no breathing is involved, just get on their chest and start compressions deep and fast until the
either the paramedics arrive or the patient says stop. If you are interested in knowing CPR,
they provide CPR classes to the public.
Hearing of Residents:
Mayor Pro -Tem Scagliola recognized the following who spoke:
• Mr. David Richmond, 2921 Bent Tree, who thanked City Manager John Kessel and
Chief of Staff Bob Cantu for attending the Greenshire Homeowners Association
annual meeting last Thursday. Mr. Richmond stated they provided them with current
information on Schertz projects, particularly the sidewalks along FM 3009 and
updated information on some of the military installations.
Workshop
• Presentation discussion and possible action regarding invocations at Council meetings. (Item
requested by Councilmember Fowler) (J. Kessel/D. Schmoekel)
Mayor Pro -Tem Scagliola stated that he was asked to postpone this item.
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Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular
meeting of May 13, 2014 (J. Kessel/B. Dennis)
Mayor Pro -Tern Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler, to approve the minutes of the May 13, 2014 meeting. The vote was
unanimous with Mayor Pro -Tern Scagliola, Councilmembers Fowler, Edwards, and Duke
voting yes and no one voting no. Councilmember John was absent. Motion Carried.
2. Ordinance No. 14 -M -23 — Consideration and/or action approving an Ordinance amending
the City's Code of Ordinances by adding Chapter 75 making it unlawful for certain sex
offenders to reside within 1000 feet of a child safety zone; making it illegal for sex offenders
to go in, on, or within 1000 feet of a child safety zone; providing exceptions to the ordinance;
and providing penalties for violations of the ordinance. First Reading (J. Bierschwale/M.
Hansen)
Mayor Pro -Tem Scagliola stated he was asked to take no action on this item this evening.
3. Ordinance No. 14 -M -24 — Consideration and/or action approving an Ordinance amending
the City's Code of Ordinances Chapter 50, Article IV regulating the discharge of guns;
providing for certain exceptions; repealing all Ordinances or parts of Ordinances in conflict
with this Ordinance; and providing an effective date. First Reading (J. Bierschwale/M.
Hansen)
The following was read into record:
ORDINANCE NO. 14 -M -24
AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER
50, ARTICLE IV REGULATING THE DISCHARGE OF GUNS; PROVIDING FOR
CERTAIN EXCEPTIONS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
Mayor Pro-Tern Scagliola recognized Police Chief Michael Hansen who introduced this item
answering questions from Council. Chief Hansen stated that the City of Schertz (the "City")
requests authorization to amend Chapter 50 of the City's Code of Ordinances to provide for a
more enforceable ordinance and to allow the discharge of firearms on a city owned or leased
property by public safety officers or individuals under the supervision of public safety
officers for training, qualification and other related activities. The same amendment would
remove some of the more restrictive prohibitions on specific conduct that occurs by citizens
on and entirely within their own private property such as firing a toy gun or casting a rock.
Chief Hansen stated the benefit of this ordinance is to create a safer community by enhanced
firearms training to our law enforcement officers. It will reduce travel time and the expense
of having to utilize training on facilities located outside of our city. The amended ordinance
would demonstrate a more reasonable approach to certain specific conduct that occurs on
private property. Staff recommends approval of first reading.
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Mayor Pro -Tem Scagliola recognized Councilmember Fowler who asked if this ordinance
would also include the idea of building a range where you could fire your weapons. Chief
Hansen answered ultimately yes.
Mayor Pro-Tern Scagliola stated that he believes currently we have a prohibition of firing
weapons from 11135 to FM 78. Chief Hansen stated there is a State Law and City Ordinance
that regulates firing of weapons for the purposes of hunting and there are specifics on the size
of property which this can be done, but this ordinance this evening is not in that area in
which they want to amend.
Mayor Pro-Tern Scagliola recognized Councilmember Duke who asked in the definition of
"air gun" does that include paint balls. Chief Hansen answered yes, the intent is to regulate
items that occur on someone's property or with the property owner that does not extend on
someone else's property, it would not allow for that.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler, to approve Ordinance No. 14 -M -24 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, Edwards, and Duke
voting yes and no one voting no. Councilmember John was absent. Motion Carried.
4. Ordinance No. 14 -S -25 — Conduct a public hearing and consideration and/or action
approving an Ordinance on a request to rezone approximately 0.468 acres of land from
General Business (GB) to Residential/Agriculture (RA). The property is more specifically
described as a portion of the Stacy B. Lewis Survey No. 317, Abstract No. 443, and the
Antonio Zamora Survey No. 36, Abstract No. 82, City of Schertz, Bexar County, Texas,
generally located on Boenig Drive approximately 170 feet west of the street Laura Heights.
First Reading (B. James/L. Wood)
The following was read into record:
ORDINANCE NO. 14 -S -25
l
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY
0.468 ACRES OF LAND FROM GENERAL BUSINESS (GB) TO
RESIDENTIAL /AGRICULTURE (RA).
Mayor Pro -Tem Scagliola recognized Senior Planner Lesa Wood who introduced this item
stating this is a request for rezoning in the Southern part of Schertz. The applicant is
proposing to rezone approximately 0.468 acres of land in The Reserve at Schertz II
Subdivision from General Business District (GB) to Residential Agriculture District (RA).
The property is currently undeveloped and is located on Boenig Drive approximately 165
feet west of the street Laura Heights. The property is located in the Air Installation
Compatibility Zone (AICUZ) — Accidental Potential Zone I (APZl) and is currently
undeveloped.
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The applicant has indicated that the primary reason for the proposed rezoning is to include
the 0.468 acre tract of land into the adjacent residential lot to the south located in The
Reserve at Schertz II Subdivision.
The public hearing notice was published in "The Daily Commercial Recorder" on May 1,
2014 and the "Herald" on May 7, 2014. Six (6) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on April
11, 2014. Staff received one (1) response opposed of the request.
Staff reviewed the request for conformance with the Comprehensive Land Plan and Future
Land Use Plan (FLUP). The FLUP designates the subject property as the Air Installation
Compatible Use Zone (AICUZ) which is defined in the Comprehensive Land Plan as areas of
mixed use limited to activities permitted in accordance with AICUZ recommendations. Uses
are generally low intensity and designed to enhance the concepts of open space, including
agriculture, recreation, water features and clustered, low density housing. The Planning and
Zoning Commission conducted the public hearing on May 14, 2014 and offered a
recommendation of approval by a unanimous vote.
Mayor Pro-Tern Scagliola opened the public hearing, and as no one spoke, closed the public
hearing and opened it up for Council discussion.
Mayor Pro -Tern Scagliola recognized Councilmember Duke who asked what the response
was to the posted request. Senior Planner Lesa Wood stated the concern was with storm
water runoff. The response was it Aill be addressed with each plat.
Mayor Pro -Tern Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards, to approve Ordinance No. 14 -S -25 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, Edwards, and Duke
voting yes and no one voting no. Councilmember John was absent. Motion Carried.
5. Ordinance No. 14 -S -26 — Conduct a public hearing and consideration and/or action
approving an Ordinance on a request to rezone approximately 3 acres of land in the Verde
Enterprise Business Park Planned Unit Development (PUD) Ordinance 07 -S -14A to Planned
Development District (PDD). The property is specifically Unit 1 of the Verde Enterprise
Business Park and generally located on the corner of Interstate Highway 35 and Mid Cities in
the City of Schertz, Guadalupe County, Texas. First Reading (B. James/L. Wood)
The following was read into record
ORDINANCE NO. 14 -S -26
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY ZONING APPROXIMATELY
2.812 ACRES OF LAND FROM PLANNED UNIT DEVELOPMENT TO PLANNED
DEVELOPMENT DISTRICT (PDD).
Mayor Pro-Tern Scagliola recognized Senior Planner Lesa Wood who introduced this item
answering questions from Council. Ms. Wood stated that the applicant is proposing to
rezone approximately 3 acres of land in the Verde Enterprise Business Park Planned Unit
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Development (PUD) Ordinance 07 -S -14A to Planned Development District (PDD). The
Verde Enterprise Business Park PUD Ordinance 07 -S -14A was approved by City Council on
March 6, 2007 to allow a mix of commercial and industrial uses. The request is to develop
Unit 1 on the Business Park in accordance with the existing PUD Ordinance 07-S-1 4A with a
modification to the building setback adjacent to property located outside that is commercial
or industrial.
The public hearing notice was published in "The Daily Commercial Recorder" on May 1,
2014 and the "Herald" on May 7, -2014. Six (6) public hearing notices were mailed to
surrounding property owners within two hundred (200) feet of the subject property on April
11, 2014. Staff received one (1) response in favor of the request.
The subject property is an approximately 3 acre tract of land that is located at the intersection
of Mid - Cities and the 11135 Frontage road and is currently undeveloped. The applicant is
requesting to rezone the subject property to modify the development standards to change the
setbacks for buildings from a perimeter lot line or property outside of the PUD from fifty foot
(50') to twenty foot (20').
The subject property shall develop in accordance with the regulations of Ordinance 07 -S -14A
except as follows:
IV. AMENDMENTS TO COMMERCIAL AREA DEVELOPMENT STANDARDS
A.1 Building Setback
All buildings shall have a setback of at least twenty feet (20') from a perimeter lot
line of property outside of the PUD. [7.9A(c)].
Staff has reviewed the request and is of the opinion that that proposed zoning request will be
compatible with the surrounding adjacent land uses. It is unclear why the PUD was written to
have a greater setback adjacent to commercial or industrial uses when the current zoning of
General Business (GB) for the adjacent property located outside the PDD has a minimum
side yard setback of zero (0). The Planning and Zoning Commission conducted the public
hearing on April 23, 2014 and offered a recommendation of approval by a unanimous vote.
Mayor Pro -Tem Scagliola opened the public hearing and recognized the following who
spoke:
Mr. Robert Brockman, 1000 Elbel Road, who stated he had attended the Planning and
Zoning Commissions Public Hearing and he doesn't understand the change request to
the PDD classification. He thought they should ask for a variance but maybe the
applicant doesn't qualify for that. They are reducing the distance between these
buildings to less than 50 feet. He stated that currently the PDD calls for 50 feet and
he doesn't believe they are going to maintain that. He feels that we may find in the
future that we should have done that. He also stated to Council that he would like to
see the applicant's presentation that was mentioned earlier.
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As no one else spoke, Mayor Pro -Tem Scagliola closed the public hearing and opened it up
for Council discussion.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he thought it
would be a good idea to see the applicant's presentation.
Mayor Pro -Tem Scagliola recognized Ms. Michelle Housman, representative for the
applicant at 10003 NW Military, San Antonio, Texas. The applicant is planning to develop a
retail shopping center on the property in question. The development team is present if
anyone has any questions. Verde South Partners is the owner, Kevin Love is the civil
engineer, and Mark Neville is the architect. She provided a PowerPoint presentation and
answered questions from Council. Councilmember Fowler asked if there was enough room
in the back for a truck to unload a delivery. The answer was yes and there was also enough
room for a fire truck to pass through as well. Councilmember Edwards asked about drainage
in the area by GCR Tire and Ms. Housman stated they were working together with the other
property owners regarding an easement for water flow.
Mayor Pro-Tern Scagliola asked Senior Planner Lesa Wood about drainage. Has it been
considered as part of the rational for the setback itself.? Ms. Wood stated when the ordinance
was passed back in 2006 it was for residential to have a setback of 20 feet if next to a
commercial property. It was more to do with uses not drainage. They will still be working
together with the applicant to work out details regarding landscaping, parking, and fire
access, frontage road access, and more.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who asked about the
possibility of motorists driving across the area directly to the access ramp to IH 35. Ms.
Wood stated they would have to probably work with TxDOT to ensure safety precautions
were in place to avoid that from occurring.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilmember Duke, to approve Ordinance No. 14 -5 -26 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Fowler, Edwards, and Duke
voting yes and no one voting no. Councilmember John was absent. Motion Carried
Roll Call Vote Confirmation
Mayor Pro -Tem Scagliola recognized Deputy City Secretary Donna Schmoekel who recapped the
votes of items 1, 3, 4 and 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
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Mayor Pro -Tem Scagliola recognized City Manager John Kessel who complimented
our EMS personnel who have the training and get people where they need to be but
only if their vehicles are operational. He recognized Public Works Fleet mechanic II,
Tom Donley, a ten year veteran, who is the go -to guy to keep our EMS fleet moving.
Taking care of the EMS units is his number one priority. He is highly motivated and
as responsible for keeping the EMS vehicles going as anyone else. Mr. Kessel said
he just wanted to highlight the fact that there is always another group of folks behind
the scenes making those at the front look good and enable them to do their job.
Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he would like us
to consider expanding our councilmembers from 5 -7 members. He suggested we do this
sometime after completing our charter review and maybe seat a committee for this purpose.
City Manager John Kessel stated that since this would actually be a function of the charter, it
could be addressed during the charter review time frame.
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 Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the
following events:
• Thursday, May 15, 2014, Guadalupe County Regional Mayor's Association Monthly
Meeting in Staples, TX
Mayor Pro-Tem. Scagliola stated he attended the following events:
• Thursday, May 15, 2014, Laura Heights Estates Semi - Annual HOA meeting
• Tuesday, May 20, 2014,Schertz Chamber luncheon, Schertz Civic Center
Adiournment
-4s there was no further business, the meeting was adjourned at
ATTEST: C ��m,,4/ \
ZI eputy City Secretary, Donna Schmoekel
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David Scagliola