12-06-2011 MinutesMINUTES
REGULAR MEETING
Decerber 6, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 6, 2011, at b:00 p.rn., 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
Mayor Pro-Tem David Scagliola
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present:
Assistant City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
Mayor Baldwin called the meeting to order at 6:35 p.m. and welcomed everyone in attendance.
Mayor Baldwin welcomed the following who were in attendance this evening:
Guadalupe County Judge Mike Wiggins
County Commissioner Jim Wolverton
County Commissioner Judy Cope
Dr. Greg Gibson, Superintendent SCUCISD
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
Oath of Office
A. Mayor-Pro-Tem -Consideration andlor action regarding the appointment of
the Mayor Pro-Tem, David Scagliola term to expire June 1, 2012. Mayor
Baldwin to administer oath.
Mayor Baldwin administered the oath of office to Mayor Pro-Tem David
Scagliola.
CITY EVENTS
• Announcements of upcoming City Events {D. Harris/J. Bierschwale}
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Mayar Baldwin recognized Assistant City Manager David Harris who reminded Council of
the upcoming events:
• Saturday, December 10, 2011, 9:00 a.m. to 3:00 p.m., Schertz Future Farmers of
America will be hosting a show. The location is behind Wiederstein Elementary.
• Thursday, December 15, 2011, 6:30 p.m. City of Schertz Christmas Party, Schertz
Civic Center.
PRESENTATIONS/REP ORTS
• Randolph AFB Restoration Advisory Board -Report and update regarding the
Randolph AFB Restoration Advisory Board. (Richard Braud and Bert Crawford)
requested by Mayor Baldwin.
Mayor Baldwin recognized Mr. Richard Braud and Mr. Bert Crawford who came
forward providing a brief Power Point presentation regarding the Randolph AFB
Restoration Advisory Board. Mr. Braud and Mr. Crawford expressed their
gratitude for being appointed to this Board.
• Guadalupe County Update -- Commissianer Judy Cope, Precinct 4
Mayor Baldwin recognized Commissioner Judy Cope who came forward
providing an update on Guadalupe County.
• Presentation/discussion and possible action regarding Landmark Property
designations (D. Weirtz)
Mayor Baldwin recognized Chair of the Historical Committee Dean Weirtz who
provided a brief Power Point regarding the following proposed Landmark
Properties: {1} Alamo Schuetzen Verein (shooting club) Clubhouse, Oid
Nacogdoches Road, Comal County, (2) Friesenhahn Family Cotton Gin, 2290 Old
Nachogdoches Raad, Comal County, (3) WenzellSaint Joseph Cemetary, 6510
FM 482, Comal County, and {4} Kramer House/Schertz Visitors Center, 1730
Schertz Parkway, Schertz, Texas.
Mayor Baldwin, Council, and City Manager John Kessel expressed their
appreciation to Mr. Weirtz and the Committee for preserving the City of Schertz
Historical Landmarks.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter to approve the four landmark designations as
presented. Tlae vote was unanimous. Motion Carried.
Presentation and update regarding the School Resource Program (D.TaylorlM.
Bane)
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Mayor Baldwin recognized Police Chief Don Taylor and Captain Marc Bane who came
forward briefng the Council on the success of the School Resource Program (SRO).
Mayor Baldwin recognized Dr. Greg Gibson, Superintendent of SCUCISD, who came
forward and stated that this program has exceeded all his expectations. The relationship
that has been built between the City and the School District indeed has true synergy, and
citizens should be proud.
WORKSHOP 1<TEMS
A. Presentation by City Staff of possible regulation of certain boarding home facilities for the
disabled and the elderly and discussion by City Council (M. Spain/S. Roman)
Mayor Baldwin recognized City Attorney Michael Spain and Deputy Marshal Sharma
Roman who came forward briefng the Council of possible regulations of certain boarding
home facilities for the disabled and elderly answering questions and conceiris from
Council Mr. Spain stated that in 2009, the Legislature authorized cities to regulate
"boarding home facilities" which are defined as follows:
"Boarding home facility" means an establishment that (A} furnishes, in one or more
buildings, lodging to three or more persons with disabilities or elderly persons who are
unrelated to the owner of the establishment by blood or marxiage; and (B) provides
community meals, light housework, meal preparation, transportation, grocery shopping,
money management, laundry services, or assistance with self administration of medication,
but does not provide certain personal care services to those persons.
The statute govezning this matter is Chapter 260 of the Texas Health and Safety Code (the
"Code"}, a copy of which is attached. The Legislature directed the Texas Health and
Human Services Commission (the "HHSC") to develop model standards for the operation
of boarding home facilities. The HHSC's Model Standards are attached. The Model
Standards are more of a general framework than a set of enforceable requirements.
The City is authorized by the legislation to require persons to obtain a permit from the City
to operate a boarding home facility in the City, to establish procedures for the issuance,
denial, renewal, suspension, or revocation of such a permit and to inspect boarding home
facilities and to enforce municipal boarding home facility regulations. If a city chooses to
do so, it may adopt the Model Standards of the HHSC or it may establish its own more
specific regulations, and it may establish fees for its pei-~nitting and inspection process and
fines for violations of its regulations.
City staff is reviewing the Code and the Model Standards. Enforcement of the full
adoption of the concepts of the Model Standards would involve the Marshal's Office, the
Fire Department, Planning, Inspections, and EMS. Staff is considering what, if any, parts
of the Model Standards it does not cuiaently feel capable of enforcing or would prefer not
to enforce and what staffmg requirements would be required. Staff is also considering
appropriate specific regulations that would apply. Finally, Staff is considering what fees
would be appropriate to fund the City functions of administering and enforcing the program
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and making the required annual reports to the State, and what fines are appropriate for
violations of the standards to be adopted by the City.
It was the consensus of Council and Management Staff to have staff look at the
perspectives and come back with a possible solution to how these types of facilities could
be regulated.
Hearing of Residents
Mayor Baldwin recognized the following who spoke:
Dr. Greg Gibson, Superintendent of SCUCISD who came forward providing a
school update briefing.
Mr. Robert Brockman, 1000 Elbel Road, who came forward asking what the
status is with the Cibolo Valley Nursery. He also stated that he was at the Schertz
Festival of Angels Parade and saw the new Ambus unit.
Mayor Baldwin recognized the following who spoke regarding problems with their
homes in the Fairhaven Subdivision, asking the City's assistance with Pulte:
• Mr. Bruce Touve, 5213 Brookline
• Jessica and Brenda Davis, 5603 Stoi~rrz King
• Mr. Pedro Frechel, 3620 Storm Ridge
• Mr. Kenneth Russel, 6034 Mule Door
• Ms. Diana Taylor, 5505 Columbia Drive
• Mr. John Stokes, 5403 Stozxrz King
Mayor Baldwin recognized City Manager John Kessel who stated they discussed this
issue at the last council meeting. They have held meetings with Pulte and some
homeowners. He stated the City is conducting one~n--one meetings with citizens when
they come in and want to discuss their issues. He also stated if the citizens call the City;
the staff has been providing referral services regarding numbers to contact for Pulte. Mr.
Kesel stated the City is committed to holding a meaningful meeting sometime in
December and staff is currently working to get this scheduled. Mr. Kesel further stated
that Ms. Taylor has been meeting with the Assistant City Manager, John Bierschwale to
discuss the neighborhood issues. Mr. Kesel stated that part of the situation is that we
need to focus on trying to find outcomes, where you have individuals who have made a
purchase fiom a company on a particular product; the City is acting in a facilitation mode
and will continue ro do so to move this forward, and that the City is continuing to meet
with Pulte representatives and they are continuing to meet with the citizens. Mr. Kessel
stated that the City has heard from some of the residents who did in fact say Pulte has
contacted them and been out to their homes. The City will push to have this continue.
CONSENT AGENDA
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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 or a Councilmember.
Recommend approval of consent agenda items 1, 2, 3, ~ and S.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 29, 2011.
2. Ordinance No. 11-D-38 -Consideration and/or action approving an ordinance
amending the speed limit on Bell North Drive to 30 mph. First Reading (S.
Willoughby)
The following caption was read into record:
ORDINANCE NO. 11-D-38
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OR ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING
SECTION 86-ll5, MAXIMUM LIMITS ON SPECIFIC SREETS; AND
PROVIDING A REPEALING CLAUSE.
3. Resolution No. 11-R-60 -Bexar County Appraisal District Board of Directors -
Consideration and/or action approving a resolution casting the City of Schertz one
(1) vote for the 2012-2013 Bexar County Appraisal District Board of Directors.
(D. Harris)
The following caption was read into record:
RESOLUTION NO. ll-R 60
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE SEXAR COUNTY APPRAISAL DISTRICT FOR THE 2012-2013
TERM.
4. Resolution No. I1-R-61 - Comal County Appraisal Board of Directors -
Consideration and/or actiori approving a resolution casting the City of Schertz
thirty-five (35) votes for the 2012-2013 Comal County Appraisal District Board
of Directors. (D. Harris}
The following caption was read into record:
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RESOLUTION NO. I1-R-61
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE COMAL COUNTY APPRAISAL DISTRICT FOR THE 2012-2013
TERM.
5. Resolution No. I1-R-62 -- Guadalupe County Appraisal Board of Directors -
Consideration and/or action approving a resolution casting the City of Schertz
two-hundred seventy one (271} votes for the 2012-2013 Guadalupe Appraisal
District Board of Directors. (D. Harris}
The following caption was read into record:
RESOLUTION N0.11-R-62
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CASTING VOTES TO ELECT DIRECTORS FOR
THE GUADALUPE COUNTY APPRAISAL DISTRICT FOR THE 2012-
2013 TERM.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve the consent agenda items 1, 2, 3, 4, and 5.
The vote was unanimous. Motion Crrrrie~7
Discussion andlor Action Items
6. Ordinance No. I1-S-36 - Conduct a public hearing and consideration andlor
action approving an ordinance upon a request to rezone approximately 9.99
acres of land from General Business District (GB) to Apartment/Muiti-Family
Residential District (R-4). The property is more specifically described as a portion
of the Toribio Herrera Survey No. 68, Abstract No. 153, City of Schertz,
Guadalupe County, Texas, generally located on Schertz Parkway approximately
.OS miles South of Legacy Oaks Parkway. First Reading (M. Sanchez)
The following caption was read into record:
ORDINANCE NO. 11-S-36
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE I1-S-15 BY
REZONING APPROXIMATELY 9.99E ACRES OF LAND FROM
GENERAL BUSINESS DISTRICT (GB} TO APARTMIiaNT/MULTI-
FAMILY RESIDENTIAL DISRICT (R-4) KNOWN AS SCHERTZ
PARKWAY APARTMENTS. THE PROPERTY IS MORE
SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO
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HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE
COUNTY, SCHERTZ, TEXAS.
Mayor Baldwin recognized Development Services Director Michelle Sanchez
who introduced this item stating that the City Council has received the written
recommendation of the Planning and Zoning Commission regarding a proposed
zoning change to rezone approximately 9.99 acres of land from General
Business District (GB) to ApartmentlMulti-Family Residential District (R-4). The
property is generally located on Schertz Parkway approximately .OS miles South
of Legacy Oaks Parkway.
Ms. Sanchez stated that staff recommends approval and introduced Mr. Dave
Richmond, Chair of the Planning and Zoning Commission who came forward
explaining why the Planning and Zoning Commission approve the request for the
rezone.
Ms. Sanchez stated that the City Manager recommends Council deny this request
as this property's highest and best use is medical/professional office, which the
cuzrent zoning would allow.
Mayor Baldwin recognized property owner Mr. Tony Eugenio and Developer,
John White and Tom Connelly who came forward briefing the Council on the
proposed project answering questions.
Mayor Baldwin opened the public hearing and recognized the fallowing who
spoke:
• Mr. Robert Brockman, 1000 Elbel Road, who came forward stating his
concern with the parking.
As no one else spoke, Mayor Baldwin closed the public hearing.
Mayor Baldwin opened it up for Council and Staff discussion and deliberation with
the applicant asking if the owner would entertain the possibility of a different type
of zoning that was requested and shown which, such as a Planning Development
District would allow mixed use possibilities. Council discussed this in length and
requested that if Mr. Eugenio would consider such development that he work
closely with staff to explore and come up with a mixed use plan. Mr. Eugenio
stated that he has no objections against the idea.
Mayor Baldwin recognized City Manager John Kessel who stated he would
welcome the opportunity to set meetings with all parties set to discuss the
possibilities, but only if the owner voluntarily said that is something that would be
beneficial. He proposed to do this over the next thirty days and come back to
Council to let them know if they are making progress to allow Council to make a
decision one way or another.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Antuna to postpone this item for thirty (30) days giving the
opportunity for discussion with the owner, developer and staff, and come back with
discussion and direction at the January 3, 2012 meeting. Tlie vole was unanimous.
Motion Carried.
7. Resolution No. 11-R-58 -Emergency Communication Equipment Grant -
Consideration and/or action approving a resolution authorizing a grant application
to Bexar Metro 911 for Emergency Communication Equipment. (D. Taylor, D.
Covington, D. Wait, M. Spain)
The following caption was xead into record:
RESOLUTION NO. ll-R-58
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A GRANT APPLICATION TO
BEXAR METRO 911, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item
stating that the Federal and State governments are requiring emergency radio
systems to become "P-25 compliant" by 2014. This will allow radio units to work
with other jurisdictions. The City Manager's office is working with Police, Fire,
and EMS staff to assess the total impact of this on our radios that run off the City
of Live Oak S00 MHz radio system. P- 25 compliance will allow our radios to
alsa work on the San AntonioBexar County and LC1tA systems along with other
systems across the state. Our notification of this requirement came after the FY
2011-12 budget was approved.
At present, Bexar Metro 911 has announced a grant program to cover a portion of
the cost of our radios, specifically dispatch radio consoles. Funding for this
portion of the project is as follows:
$173,635 (Bexar Metro 911)
+$57,879 (City match)
$231,514 (TOTAL)
Applications are due December 8, 2011.
Approval of this agenda item will only be to apply for the grant Staff is working
with Police, Fire, and EMS staff to assess from where the City's match will come
from. If awarded, staff will return to Council to seek acceptance and identify the
source of funding for this match. Additionally, staff is working on a master plan
to upgrade or replace existing radios. He stated that staff recommends approval.
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Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Carpenter to approve Resolution No. 11-R-58. The vote was
unanimous. Motion Carried.
Mayor Baldwin moved into executive session at 9:40 p.m.
EXECUTIVE SESSION
Called under Section SS1.071 Texas Government Code Litigation, pending or
contennplated litigation; Section 55L072 Texas Government Code -Deliberation
regarding the purchase, exchange, sale, lease, or value of real property, or real
estate, and Section 551.074 the appointment, employment, evaluation, reassignmen#,
duties, discipline, or dismissal of the City Manager.
Mayor Baldwin reconvened into regular session at 10: 20 p.m.
Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro-Tem Scagliola to amend the City Managers current contract to reflect
an annual salary of $150,000 and continuing forward with his employee. The
vote was unanimous. Motion carried,
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No new items requested.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who asked about the
possibility of a turn lane on FM1103. Assistant City Manager David Harris stated
that the City is talking to TxDot to schedule a meeting regarding this issue and
will carne back to Council when more information is made available.
Mayor Baldwin requested that the City keep pushing TxDot for a bridge to go
aver IH 35 at Country Club Lane. He stated this is a critical bridge that needs to
be built. City Manager John Kessel stated that he will look at that idea and will
be discussing that with the engineer's office. Mr. Kessel also stated that he and
Mr. Harris recently attended the TxDot meeting and primarily it was citizens'
input to by and identify issues, but up to FM 3009. He stated it was a very
infoi7native meeting, in that you are able to identify and communicate particular
issues on a large map. Some of the plans included adding a continuous on/off
ramps and Texas U-turns, more main lanes and other things. He further stated
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that studies are going on regarding the speed limit of IH 35 and IH 10 to possibly
increase the speed limit to 75 MPH.
ll . 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 Pra-Tem David Scagliola who stated that last Friday
he attended the Austin Sedona Development meeting.
Mayor Baldwin recognized Councilmember Antuna who stated he and Mayor
Baldwin attended the annual AACOG meeting, and at that meeting they elected a
new Chair, Ms. Kay Reed.
Mayor Baldwin recognized CounciImember Edwards who stated that he attended
the Grand Opening ceremony at the Pediatrics Rehabilitation Center last week.
Mayor Baldwin recognized Councilmember Carpenter who stated last weekend
he had taken his son out on a hunting hip, and on this trip he ran into anothex
hunter that was from the City of Schertz. He had a brief conversation with him
and how he loves living in Schertz.
Mayor Baldwin recognized Councilmember Fowler who stated he attended the
Lone Star Rail meeting last week, filling in for the Mayor while he was at the
Sedona meeting. Mr. Fowler also stated that soon the City will need to take
action regarding the City staying with the organization for the next two years and
the reappointment of Mayor Baldwin to leave on this board as his term will be
expiring. City Secretary Brenda Dennis stated that this item is on the pending
agenda for 7anuary. Mayor Baldwin thanked Cauncilmember Fowler for attending
in his absence.
He also stated that he joined Mr. Kessel, Mr. Cantu, and Mr. Harris to attend the
retirement ceremony of Lt. General Eric Schoomaker. He also stated there was a
ceremony for the incoming Commander Major General Patricia D. Horoho.
Mayor Baldwin stated that recently he was invited to a meeting which turned aut
to be group of fathers. This group was sponsored by a woman. She calls this a
"watch dog" organization in the school district to get mare participation in the
class roam and the students' lives in school by fathers. Mayor Baldwin stated this
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is a well thought out program, and he is hopeful to get this in all elementary
schools.
Mayor Baldwin also thanked City Manager John Kessel for his last six months of
service and progressing in the manner in which he has and commended his work.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager John Kessel, who stated for public
record, Council thought that they could intimidate him. He had to let them know
in fact, that he had already been given a more intimidating notice. His six month
evaluation fiom his wedding is coming up on December 25`x': He will either be
having a lot of presents or it will be a sock full of coal. He stated he wasn't
worried about his six month evaluation as City Manager, but more worried about
what was going to happen in 20 days. Mr. Kessel thanked the Council for their
support and trust given to him and the organization. The organization is fantastic
and everyone wants to take it to the next ievei.
Mr. Kessel stated that recently he received an email from the Trauma Surgeron at
BAMC (now SAMMC), Lorne Blackbourne wanting to recognize Paramedics Jason
Hedrick and Mat McCollum for their quick life saving efforts who placed a tourniquet
ox an individuals leg, saving his life.
Mr. Kessel also stated early Saturday moaning, about 1:30 a.m., his neighbor above had
a water leak which caused her apartment to flood thus flooding his bottom apartment.
The apartment complex was having difficulty turtung off the water and called our
Public Works department. Quickly responding, Jerad Moheit and Paul Lopez were able
to turn off the water at the main. He wanted to publically thank Jerad and Paul far
coming aut.
Mayor Baldwin recognized City Attorney Michael Spain who stated that the shredding
and recycling event this past weekend during the Festival of Angels was a great event
and that Marshall Shredding had steady business that day.
Ad'ournment
Mayor Baldwin adjourned them et' 1 :4S -
~z- ( _
Mayor
ATTEST:
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Brenda Dennis, TRMC, MMC City Secretary
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