11-23-10 MINUTES
REGULAR MEETING
November 23, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 23, 2010, at 6:00 p.rn., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz,,Texas. The following members present to-wit:
Mayor Hal Baldwin Mayor Pro Tem Cedric Edwards
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember Michael Carpenter
Staff Present: Assistant City Manager David Harris City Attorney Michael Spain
Deputy City Secretary Mary Ybarra
Absent Councilmember George Antuna
Absent City Manager Don Taylor
Absent Assistant City Manager John Bierschwale
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m.
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 State of Texas
Hearing of Residents
Mayor Baldwin recognized the following:
~ Ms. Ashely Blumentritt who invited Council to the Schertz Cibolo Universal City ISD
Cibolo Creek FFA Chapter Show, December 11, ZO10 from gam to 3pm, held at the Toby
Conner Ag Complex in Cibolo.
CONSENT AGENDA
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 15, 2010.
2. Resolution No. 10-R-70 -Consideration and/or action approving a Resolution replacing
Resolution No. 10-R-50 and consenting to the creation of Comal County Water
Improvement District No. 2. (M. Spain)
11-23-10 Minutes
3. Resolution No. 10-R-74 -Consideration and/or action approving a resolution granting
CIED Funds (Community Infrastructure and Economic Development Fund) (G. Logan/L.
Dublin)
Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Carpenter to approve consent agenda items 1 through 3. The vote was
unanimous Motion Carried.
Discussion and/or Action Items
4. Gateway Planning Project -Presentation and discussion and/or action regarding an
update on the Gateway Planning Project, Frank Pakuszewski to provide briefing. (D.
Harris)
Mayor Baldwin recognized Frank Pakuszewski with Gateway Planning who provided an
update on planning efforts (assess the liability of existing land use and design as currently
established by the current UDC). He stated that from the effort the outcome would result
in the drafting of a new ordinance for each of the site areas as determined by the effort
creating new zoning districts and codes to be adopted. Two meetings with staff have
transpired as well as a follow-up meeting to present results have taken place. He further
added that other meetings have taken place to put together ascope/inventory of existing
utilities, infrastructure and possible needs for areas northwest of IH-35, intersection FM
1518 and IH-10. The City of San Antonio has been approached to have them join in
discussion, because they occupy the land across IH-10. A draft market study has been
started of both areas to determine existing land use, as well as market demands. Mr.
Pakuszewski stated that the plan is to have an initial draft by mid December and final
draft by early or mid January just in time to include in the City's strategic session planned
that month. A public workshop is set for January 31 to February 2, 2011 that will be open
to everyone in order to receive input. In addition, work has started in the development of
an implementation plan for potential EDC involvement and support.
5. Resolution No. 10-R-73 -Consideration and/or action approving Resolution No. 10-R-73
authorizing the City's participation in the new Cibolo Valley Local Government
Corporation. (J. Bierschwale/M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that the City has been discussing the creation of a new Local Government Corporation to
locate and secure additional water resources. Other participants are expected to be the
Cities of Cibolo, Converse, Live Oak, Seguin, and Selma. The Cibolo Valley Local
Government Corporation is modeled after the Schertz Seguin Local Government
Corporation. Mr. Spain stated the there is no fiscal impact at this time with the approval
of the resolution this evening. When corporation is formed, the fiscal impact will be the
City's equal fractional share of participating in the Local Government Corporation, plus
the cost of water purchased by the City.
Mayor Baldwin recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Carpenter to approve Resolution No. 10-R-73. The vote was unanimous. t'
Motion Carried.
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_ 6. Merritt Lakeside Senior Village Parking Agreement -Discussion only regarding the
Merritt Lakeside Senior Village Parking Agreement (M. Sanchez)
Mayor Baldwin recognized Development Service Director Michelle Sanchez who
introduced this item stating that the project formally known Ashton Senior Village is a
proposed senior living facility. Presently, the site plan is under review and Planning and
Zoning will review final plat next month. The discussion is evening has to do with a
development agreement to address parking. The Board of Adjustment (BOA) is
scheduled next Monday, November 29, 2010 to hear a variance case from the applicant to
consider a reduction in parking. If the BOA acts favorably in the part of the applicant, we
will bring forward to Council a development agreement with an alternative parking plan
to provide the City with the authority to require the applicant to comply with UDC
parking requirements if warranted based on the requirements of the agreement. The City
has met with the applicant, voiced our initial concerns about not providing the required
' number of parking spaces, and the applicant believes because the facility is senior
housing and their data collected based on similar facilities, applicant believes that it does
not lend itself to every resident having a vehicle. The project is moving forward, however
at this time the site plan cannot be finalized until the parking issue is addressed based on
the BOA decision and Council considering the development agreement. City Attorney
Michael Spain added that the developer (applicant) has agreed that if BOA and Council
were agreeable they would reserve enough parking spaces in the event that addition
parking is needed in the future.
In further discussion, it was Council consensus to pass on concerns to BOA; is the City
setting precedent, can the City monitor these facilities, one or two facilities maybe, but
several maybe an issue, scale may be an issue to consider.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section
551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale,
lease, or value of real property and Section 551.087 Deliberation regarding Economic
Development Negotiations.
Council did not meet in executive session.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
No Action taken.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items given.
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9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests given.
10. .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 Pro-Tem Edwards who commended Fire, EMS and Police
Departments in their response to a structural fire at Carolina Crossing North. Staff did a
tremendous job and asked that appreciation be passed on to all of them. Mayor Baldwin
added that he received an email from Wendy Kincaid, BVYA who provided information
regarding the Lanier family; the family has two 7-year-old boys that participate in BVYA;
family had no rental insurance covering their home and a family member hospitalized for a
few days. An account has been set up at Schertz Bank and Trust at both locations to help the
Lanier Family. Any support would be appreciated.
Mayor Baldwin recognized Councilmember Carpenter who echoed the same sediments
regarding staff response to the structural fire. He prayed that the family would be safe, but
had no doubt that the situation was well controlled, and passed on appreciation to emergency
service personnel as well.
Mayor Baldwin recognized Councilmember Fowler who wished everyone a Happy
Thanksgiving.
Mayor Baldwin recognized Councilmember Scagliola who stated he attended the Schertz
Chamber award ceremony and luncheon on Tuesday, as well as participating in Holiday
Lockup. He thanked the Police Department and staff for their efforts.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager David Harris who announced no
Council meeting, Tuesday, November 30, 2010; however, there will be a tree lighting
ceremony that evening at 5:45 pm. He also reported that TV coverage of his arrest
during the Holiday Lock-up caused many concerns from family and friends; he assured
them it was for a good cause "Blue Santa." He also announced that City Manager Don
Taylor is on vacation and Assistant City Manager John Bierschwale is recovering from
knee surgery. He further reported that the Senior Citizen's "soft" opening is tomorrow
(Wednesday) and they ask that everyone arrive between 11 am and 11:15 am. At 11:30
am, there will be a blessing, with lunch served after the blessing. Mr. Harris announced
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that the City has extended the deadline to receive applications for Economic
Development Corporation Director position to February 4, 2011.
Mayor Baldwin recognized City Engineer Larry Dublin who announced that the
temporary treatment plant at Sedona went online two weeks ago.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 6:50 p.m.
Ma or
ATTEST:
Mary ba a, MC, Deputy City Secretary
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