12-13-2011 MinutesMINUTES
REGULAR MEETING
December 13, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 13, 2011, 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 Hal Baldwin
Councilmember Jim Fowler
Councilmember Cedric Edwards
Mayor Pro-Tem David Scagliala
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 6:00 p.m, and welcomed everyone in attendance.
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.
City Events
• Announcements of upcoming City Events (D. Harris/J. Bierschwale}
Mayas Baldwin recognized Assistant City Manager David Harris who providing the
following information regarding the upcoming events:
• Thursday, December 15, 2011, 6:30 p.m. City of Schertz Christmas Party, Schertz
Civic Center.
Mayor Baldwin adjourned into executive session at 6:04 p.m.
EXECUTIVE SESSION
Called under 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.
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Mayor Baldwin reconvened into regular session at 6:24 p.m.
Hearing of Residents
Mayor Baldwin recognized the following who spoke regarding problems with their homes in the
Fairhaven Subdivision:
• Mr. Bruce Touve, 5213 Broakline
• Ms. Brenda Davis and Jessica Lawrence, 5603 Storm King
• Ms. Nancy Jones, 5404 Columbia Dr.
• Mr. James Evatt, 5568 Columbia Dr.
• Ms. Kim Aulds, 5221 Columbia Dr.
• Mr. Dan Hollistell, 5525 Columbia Dr.
• Ms. Melinda Ruiz, 5408 Storm King
• Mr. R. L. Baker Jr, S65 Secretariat Dr.
• Mr. Troy Favre, 6101 Mule Deer
• Mr. James Wilson, 5552 Columbia Dr.
• Mr. Kurtis Parker, 6026 Mule Deer
• Mr. Steve Slattery, 5536 Columbia Dr.
• Harpy and Kathy Steel, 5409 Columbia Dr.
• Ms. Diane Taylor, 5505 Columbia Dr.
• Ken and Angela Russell, 6034 Mule Deer
• Ms. Cheryl Clarke, 5269 Brookline
• Ms. Patricia Alperin, 5505 Storm King
• Mr. Gary Heatherly, 5229 Brookline
• Mr. Juan Blanco, 5416 Storm King
• Mr. Ezekiel Galas, 5403 Columbia Dr.
• Mr. Ryan Whitehair, 5540 Columbia Dr.
• Ms. Kathy Squier, 5420 Storm King
Mayor Council and City Manager thanked the citizens for coming out this evening and
expressing their concer~rs. City Manager Jahn Kessel stated that the City is taking these issues
very seriously and the City's roll is to get the two sides {Fairhaven Subdivision Residents and
Pulte} together to have dialogue. The City is trying to assist in setting up a meeting with all
parties. He further stated that the City has been meeting with residents one-on-one when they
call and came in to the City. This information is being passed on to Pulte.
Mayor Baldwin stated that the City had received information today, along with the residents,
that the meeting that was scheduled this evening had been cancelled. He stated that each
resident as well as the City had received information today regarding the cancellation of the
meeting and stated that Pulte has set up a 24 hour response website, Fairhaveninfa(c~pulte.com
or www.fairhaventx.com, and encouraged residents to utilize this website. He stated that Pulte
is stating that they should receive a response within 24 hours after their request.
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Presentations
• Presentation regarding the Library Solar Project (G. Logan/L. Goodsell,
McKinstry}
Mayor Baldwin recognized Parks & Recreation Dixector George Logan who
introduced this item. Mr. Logan introduced Ms. Lindsay Goodsell with McKinstry
who came forward providing a brief PowerPoint presentation on the success of the
Library Solar project.
• Presentation regarding the Library's new web page and information kiosk (M.
Clauser/M. Uhlharn)
Mayor Baldwin recognized Library Director Melissa LThlhorn, and Computer/Web
Tech JoAnna Takemura who provided a brief PowerPoint presentation regarding the
new Library webpage and the walk up kiosk which is located inside the Library,
Consent A e~ nda
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.
Recorrrmend approval of consent agenda rtems 1, 2, 3, 4 and S.
Minutes - Consideratian and/or action regarding the approval of the minutes of the
Regular Meeting of December {, 2011.
2. Resolution No. 11-R-59 -Consideration and/or action approving a resolution
adopting ethical and training standards for Juvenile Case Managers. (P. VelizJM.
Spain)
The following caption was read into record:
RESOLUTION NO. 11-R-59
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A CODE OF ETHICS AND CERTAIN
EDUCATION STANDARDS FOR M[TNICIPAL COURT JU VENICE CASE
MANAGERS, AND OTHER MATTERS IN CONNECTION THEREWITH
Resolution No. 11-R-63 -Consideration
renewing an Intexlocal Agreement with
regarding prescription assistance. (M. Spain}
andlor action approving a resolution
Guadalupe Regional Medical Center
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The following caption was read into record:
RESOLUTION NO. 11-R-63
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH
GUADALUPE REGIONAL MEDICAL CENTER, AND OTHER MATTERS
IN CONNECTION THEREWITH
4. Resolution No. 11-R-64 -Consideration and/or action approving a resolution
amending the City Manager's Contract. {M. Spain)
The following caption was read into record:
RESOLUTION NO, 11-R 64
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDMENT TO THE CITY MANAGER'S
EMPLOYMENT AGREEMENT WITH JOHN C. KESSEL, AND OTHER
MATTERS IN CONNECTION THEREWITH
5. Ordinance No. 11-D-38 _ Consideration and/or action approving an ordinance
amending the speed limit on Bell North Drive to 30 mph. Final 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 86-115, MAXIMUM LIMITS ON SPECIFIC SREETS; AND
PROVIDING A REPEALING CLAUSE.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor
Pro-Tem Scagliola to approve consent agenda items 1, 2, 3, 4, & 5. The vote was
unanimous. Motion carried;
Discussion and/or Action Items
6. Ordinance No. 11-M-39 - Conduct a public hearing and consideration and/ox action
approving an ordinance amending the City's Land Use Assumptions, Capital
Improvements Plan, and Impact Fees. First Reading (L. Dublin)
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Mayor Baldwin recognized Interim City Engineer Larry Dublin who introduced
this item stating that state law requires that the City review its land use
assumptions, capital improvements plan, and impact fees every five years. In
accordance with state law, the City must review, and approve any revisions to its
land use assumptions, capital improvements plan, and impact fees prior to the end
of 2011.
The City Engineer has previously provided a copy of updated land use
assumptions, capital improvements plan, and impact fee calculations to the City
Council. An additional copy of those materials is also attached hereto.
On November 1, 2011, the City Council authorized the City to publish the notice
for a public hearing to be held on December 13, 2011. The City's revised land
use assumptions, capital improvements plan, and impact fees will be considered at
the hearing.
The law also requires an advisory committee, appointed by City Council, to
review the revised land use assumptions, capital improvements plan, and impact
fees and report its findings to the City Council prior to the Public Hearing. The
advisory committee comprised of the members of the Planning and Zoning
Commission, as well as Tim Brown and Mike DeLeon met on November 9, 2011
with staff and heard the presentation by the Engineering Department as to the
recommendations far the years 2011-2016, Mr. Dublin provided the fallowing
information on the fees:
Water Impact Fee will be reduced from $3,288.00 to $2,934.00 per LUE
Sewer Impact Fee will be increased from $1,364.00 to $1668.00 per LUE
The committee unanimously recommended approval of the revised land use
assumptions, capital improvements plan, and impact fees, Staff recommends
approval of fzrst reading.
Mayor Baldwin opened the public hearing and as no one spoke, Mayor Baldwin
closed the public hearing.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance No. 11-M-39 First reading. The
vote was unanimous. Motion Carrier
7. General Election Date -Discussion and action regarding changing the General
Election from May to November {M. Spain/B. Dennis)
Mayor Baldwin recognized City Attorney Michael Spain and City Secretary
Brenda Dennis who introduced this item stating that this item considers changes
to the municipal election day from May to November. In passing the federal
Military and Overseas Voter Empowerment Act (MOVE), Congress moved
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primary election days to the fourth Tuesday in May creating a potential conflict
with election administrators across the State in even-numbered years; can they
accommodate two elections at one time-primary elections and municipal
elections?
The City contracts with the Guadalupe County Elections office to conduct its
elections; the office has said they can accommodate both, federal and municipal,
elections at the same time. This year's legislature passed SB 100 giving cities the
option to move election dates from May to November by resolution.
Pro's and con's exist with either election date as outlined in the agenda packet.
Tonight, Council will consider these options and provide direction to staff once a
consensus is achieved.
Mayor Baldwin and Council discussed their views, advantages and disadvantages
regarding holding the election in May as well as holding the election in
November.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who- moved, seconded by
Councilmember Fowler to keep the elections in May as they are now. ?'he vote
was 3 - 2 - Y, Mayor Pra-Tem Scagliola, Councilmember Fowler and Mayor
Baldwin voting for, and Councilmembers Carpenter and Edwards voting no,
Councilmember Antuna abstainerZ Motion carried.
8, Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a fixture City Council
agenda,
Mayor Baldwin recognized Councilmember Edwards who requested staff look at
the issue of displaying banners far business promotion purposes. He stated he
would like to review the portion of the sign ordinance as it relates to banners, as
he believes it hinders businesses.
Mayor Baldwin and Council discussed the possibility of taking the issue of
changing the elections to November to the voters. Tt was the concurrence of
Council to bring back a discussion item in January to discuss the potential of
putting the election day issue to voters either in May or November.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
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Mayor Baldwin recognized Councilmember Fowler who asked if they would be
receiving an update on the City's projects. City Manager Jahn Kessel stated that
this item is coming up on the next agenda.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who wanted to know if
New Braunfels had annexed the area up around Evans Road yet. City Attorney
Michael Spain stated that they plan to ask New Braunfels on January 2, 2012, if
this had been accomplished and to provide a copy of that annexation.
Mayor Baldwin recognized Councilmember Antuna who stated that he is very
impressed with the Library's website and would also like to see a website
highlighting information that appears in the Schertz Tales Magazine. Assistant
City Manager David Harris stated that there is a website at Schertzmagazine.com
right now where individuals can access the information. Councilmember Antuna
would like to discuss the possibility of utilizing Facebook and Twitter to send out
various articles that appear in the Schertz Tales Magazine.
11. Announcements by Mayor and Councilmembers
• City and cammunity events attended and to be attended
• City Cauncil 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 Councihnember Antuna who stated that last week he
was able to travel to a northern city of Mexico and listened to their State of the
City Address. He was grateful for the invitation and members present appreciated
his attendance. He further stated that they are working on economic growth.
Mayor Baldwin stated again, he wanted to thank everyone this eve~ung for their
patience in allowing the residents to address their concerns.
City Manager Jahn Kessel stated that the City is in contact with Pulte at least two
to three times a week and the City is working hard to get them to the table to
discuss the residents' issues.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized EMS Director Dudley Wait who came forward stating
that the Bexar Metro 911 grant was approved.
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Mayor Baldwin recognized City Manager John Kessel who publically
congratulated Misty Nichols who recently received her Certified Public
Manager's Certification.
Mr. Kessel also thanked Chief Covington, Assistant Chief Qutlaw, and Sam
Willoughby as well as other staff who participated in the recent Sedona meeting
going over the plan. He stated it was a great session and the City has made a lot
of progress with clear communication. Mr. Kessel stated that the basic plan
design will be brought to Council at their meeting of January 3, 2012.
Mr. Kessel apologized to Police Chief Taylor for not being able to attend the
Police Department luncheon today. Mr. Kessel recognized Chief Taylor who
stated that today at the luncheon awards were presented to certain individuals. He
stated that in regards to the status of John Correu, it looks like his mission might
be cancelled and will not be leaving.
Adiournment
Mayor Baldwin adjourned the meeting at 9:23 .m.
e~s---~
Mayor
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary
12-13-2011 Minutes