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Call to Order
Mayor Gutierrez called the meeting to order at 6:00 p.m. |
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Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem Heyward)
Mayor Gutierrez recognized Mayor Pro-Tem Allison Heyward who provided the opening prayers followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. |
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Presentations
- Proclamation: Domestic Violence Awareness Month October 2022
Mayor Gutierrez presented Ms. Hannah Klug, Community Engagement Specialist and Sexual Assault Advocate with the Guadalupe Valley Family Violence Shelter, with the Domestic Violence Awareness Month October 2022 Proclamation.
- Proclamation: Texas Chamber of Commerce Week-Oct.17th-21st, 2022
Mayor Gutierrez presented Natalia Brookens, Chamber Creative Content Admin. with the Texas Chamber of Commerce Week Proclamation.
- Proclamation: National Manufacturing Day 2022
Mayor Gutierrez presented Casey Moeller, SEDC Business Engagement Manager and David Dell, Quality Manager, Caterpillar, Inc. with the National Manufacturing Day 2022 Proclamation.
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City Events and Announcements
- Announcements of upcoming City Events (B. James/C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant to the City Manager Sarah Gonzalez who provided the following information.
Wednesday, September 28
SCUC ISD Legislative Advocacy Luncheon
11:30 AM
SCUC ISD Board Road, Central Office, 1060 Elbel Road
Tuesday, October 4
Fall Regional Career Fair
10:00 AM – 2:00 PM
Schertz Civic Center Ballroom
As companies work to hire new employees, this collaborative effort among New Braunfels, Seguin, and Schertz will give jobseekers and employers alike broader opportunities to connect and engage all in one place.
Tuesday, October 4
National Night Out
6:00 PM – 8:00 PM
Wednesday, October 5-7
TML Annual Conference
Henry B. Gonzalez Convention Center
Wednesday, October 5
TML Regions 7, 10, and 12 Welcome Reception
5:00 PM – 7:00 PM
Hilton Palacio Del Rio, “The Pavilion Main”, 418 S. Alamo, San Antonio
Saturday, October 8
Nature Discovery Series
10:00 AM -11:00 AM
Crescent Bend Nature Park
Dunkin’ for Pumpkins
4:30 PM - 5:30 PM
Schertz Aquatics Center
Monday, October 10
Columbus Day
City Offices Closed
Tuesday, October 11
Next regular scheduled Council meeting
6:00 PM
Council Chambers
- Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Mark Browne recognized Emergency Management Coordinator Summer Hall and thanked her and the City Staff for coordinating the "Get Prepped" Disaster Preparedness Event for the community. It was a successful event.
Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez attended the Austin -San Antonio Growth Summit. The City of Schertz was featured as part of the Innovation Corridor.
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Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill 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.
Mayor Gutierrez recognized the following residents who wanted to speak about Item # 8 Ordinance No. 22-S-35- A request to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD).
Mayor Pro-Tem Heyward recognized the following residents who do not want the City Council to approve Ordinance No. 22-S-35.
- Patricia Lawry-3405 Wimbledon Drive
- Carmen Rodriguez-5621 Fairway Drive
- Pedro Macias-3777 Pebble Beach
- Richard Leon-3671 Pebble Beach
- Jim Riedel-3433 Charleston Lane
- Donnie Grainger-5018 Brookhead
- Shirley Shepherd-3601 Mimosa Court
- Paul Kendzior-5713 Fairway Drive-His letter was read by Eric Kendzoir
- Carol Davis-3337 Wimbledon Drive
- Deborah Gnuschke-3812 Pheasant
- Davod Gnuschke-3812 Pheasant
- Patrick McMaster-3604 Elm Court-spoke and cited several laws and added his objections concerning the proposed zoning change.
- Tim Stief-3774 Pebble Beach
- Jan Baldwin-3401 Columbia
- Fred Kunz-3833 Greenridge
- Bonnie Rudolph-3912 Cedar Court
- Julio Serrano-5128 Brookline
- Indelcio Ariza-3913 Cedar Court
- Eric Van DerVellen-3433 Cliffside Drive
- Maureen Maus-3434 Wimbledon Drive
- Richard Maus-3434 Wimbledon Drive, presented documents from City Staff, which included a brochure from the developer and some staff analysis information from a Planning and Zoning meeting,
- Linda Rausch-3509 Whisper Knoll
- Roy Jones, 3422 Wimbledon Drive
- Cedric Edwards-1016 Keanna Place announced he was running for Mayor in this year's election and asked City Council to listen to the residents tonight.
Mayor Gutierrez explained the option of speaking at the Hearing of Residents and at the Public Hearing Item #8.
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Consent Agenda Items
The Consent Agenda is considered 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 of the Mayor or a Councilmember.
Mayor Gutierrez read Consent Agenda Items 1-3 for the record,
Mayor Pro-Tem Heyward read Consent Agenda Items 4-6 for the record. |
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1. |
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Minutes – Consideration and/or action regarding the approval of the minutes of the regular meeting of September 6th, 2022 and the regular meeting of September 13th, 2022. (B. Dennis)
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2. |
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Resolution 22-R-108 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign an Interlocal Agreement for Fire Protection Services between Guadalupe County and the City of Schertz. (M. Browne/G. Rodgers/B. Boney)
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3. |
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Resignations, Reappointments, and Appointments to various Boards, Commissions and Committees - Consideration and/or action approving the Resignations, Reappointments and Appointments to the Economic Development Corporation, Building and Standards Commission, Parks and Recreation Advisory Board, Planning & Zoning Commission, Schertz Historical Preservation Committee and Transportation Safety Advisory Commission (B. Dennis/S. Edmondson/ Mayor-Council)
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4. |
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Resolution No. 22-R-100 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine Debt Revenue Adjustments for certain inactive outstanding receivables and other matters in connection therewith. (M. Browne/J. Walters)
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5. |
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Ordinance No. 22-T-39 - Consideration and/or action approving an ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2021-2022 Budget to adjust personnel budgets, repealing all ordinances or parts of ordinances in conflict with this ordinance and providing an effective date. Final Reading (M. Browne/J. Walters)
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6. |
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Resolution No. 22-R-107 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a Task Order Agreement with Halff Associates for a not to exceed amount of $60,000 for the Schertz Parkway and Lookout Road Signalization Project. (B. James/J. Nowak)
Mayor Gutierrez asked if any items need to removed for discussion, no items requested to be removed, so Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1-6.
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Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Mark Davis
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AYE:
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Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
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Passed
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| Discussion and Action Items |
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| Public Hearings |
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7. |
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Ordinance No. 22-S-36- Conduct a public hearing and consideration and/or action on a request to rezone approximately 20 acres of land to Planned Development District (PDD), the properties, a portion of Parcel ID 67955, approximately 4.2 acres of land, generally located southeast of Archer Pass and Winkler Trail, a portion of Parcel ID 67955, approximately 4.5 acres of land, generally located 1,100 feet southeast of Archer Pass and Winkler Trail, and a portion of Parcel ID 112888, approximately 11 acres of land, generally located 2,900 feet southeast of the intersection of Homestead Parkway and Hartley Square, City of Schertz, Guadalupe County, Texas. First Reading (B. James / L. Wood / E. Delgado)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-S-36
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 20 ACRES OF LAND TO PLANNED DEVELOPMENT DISTRICT (PDD), A PORTION OF PARCEL IDENTIFICATION NUMBER 67955, APPROXIMATELY 4.2 ACRES, GENERALLY LOCATED SOUTHEAST OF ARCHER PASS AND WINKLER TRAIL, A PORTION OF PARCEL IDENTIFICATION NUMBER 67955, APPROXIMATELY 4.5 ACRES OF LAND, GENERALLY LOCATED 1,100 FEET SOUTHEAST OF ARCHER PASS AND WINKLER TRAIL, A PORTION OF PARCEL IDENTIFICATION NUMBER 112888, APPROXIMATELY 11 ACRES OF LAND, GENERALLY LOCATED 2,900 FEET SOUTHEAST OF THE INTERSECTION OF HOMESTEAD PARKWAY AND HARTLEY SQUARE, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS.
Mayor Gutierrez recognized Assistant City Manager Brian James who presented a PowerPoint presentation on the 3 different parcels of land in this project that the developer wants to rezone from Townhome/Commercial to Townhome/Multi-family.
Five (5) public hearing notices were mailed to the surrounding property owners on August 12, 2022, with a public hearing notice published in the "San Antonio Express" on August 31, 2022, prior to the City Council public hearing.
Staff has received two (2) individual responses opposed, one (1) of which is within the 200-foot notification boundary.
If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d).
The opposition responses received accounts for 39% of the property within 200-feet and triggers the 3/4 vote of the City Council. While staff notifies all property owners within 200 feet of a case, per the UDC, only those properties within the city are counted as part of the protest.
The Planning and Zoning Commission held a public hearing on August 24, 2022, where they made a recommendation to the City Council with a vote of 6-0 to approve the requested rezoning. Staff is recommending approval.
Mr. Matt Matthews who representing the Applicant: Malone/Wheeler, Inc./Behdad Zahrooni, provided a brief presentation on some of the changes the developer is requesting.
Mayor Gutierrez asked for a motion to approve Ordinance No. 22-S-36.
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Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Michael Dahle
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AYE:
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Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
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Passed
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8. |
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Ordinance No. 22-S-35- Conduct a public hearing and consideration and/or action on a request to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD), generally located approximately 2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access road, also known as a portion Comal County Property Identification Number 377261 and Guadalupe County Property Identification Number 63833, City of Schertz, Comal County and Guadalupe County, Texas. First Reading (B. James / L. Wood / E. Delgado)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-S-35
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 25 ACRES OF LAND FROM PRE-DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED 2,200 FEET SOUTHEAST OF THE INTERSECTION OF COUNTRY CLUB BOULEVARD AND IH35 ACCESS ROAD, ALSO KNOWN AS A PORTION OF COMAL COUNTY PROPERTY IDENTIFICATION NUMBER 377261 AND GUADALUPE COUNTY PROPERTY IDENTIFICATION NUMBER 63833, CITY OF SCHERTZ, TEXAS.
Mayor Gutierrez recognized Assistant City Manager Brian James who provided a PowerPoint presentation on a request to rezone approximately 25 acres of land from Pre-Development District (PRE) to Planned Development District (PDD).
One hundred fifteen (115) public hearing notices were mailed to the surrounding property owners on August 12, 2022. At the time of this report staff has received three hundred and forty-six (346) individual responses opposed, one (1) in favor, and one (1) neutral to the proposed rezoning request. Of the 346 opposed responses, they account for 296 properties, 101 of which are within the 200-foot notification boundary.
If a proposed zoning change is protested in writing and signed by the owners of at least twenty percent (20%) of the area of the lots or land immediately adjoining the area covered by the proposed zoning change or zoning map amendment and extending 200 feet from that area, the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths (¾) of all members of the City Council according to LGC, Local Government Code § 211.006(d). At the time of this staff report the total percentage of the protested parcel acreage is 35.69%, therefore, triggering the 3/4 vote of the City Council.
At the Planning and Zoning meeting on August 24, 2022, the Planning and Zoning Commission, rather than making a recommendation on the requested Planned Development District (PDD), made a recommendation to City Council to approve a zone change to Single-Family Residential (R-6) with a vote of 4-2, Commissioner Outlaw and Commissioner Hector with the nay votes. The Schertz UDC has not yet been amended to allow straight R-6 zoning, but it could be rezoned to a PDD with a base zoning district of R-6.
Mayor Gutierrez recognized Mr. Buck Benson, who represents the applicant for this project. They are developing 55 lots with 4-units per lot. Each lot could be owned by different owners. All 55 lots will belong to an HOA, with mandatory deed restrictions.This will be a gated community with over 7.7 acres of green space in this community. He addressed concerns about traffic, draining and parking. Mr. Benson stated options for different type of housing products are good the city.
Mayor Gutierrez opened the public hearing and asked that residents come forward and state their name and address for the record,
Residents who do not want the City Council to approve Ordinance No, 22-S-35 are:
- Mary Ellen Graham-3701 Hillside
- Richard Moss-3434 Wimbledon Drive
- Debbie Martinez-3788 Pebble Beach
- Athena Warner- 3717 Hunter's Glen
- Heather Jackson-3410 Wimbledon Drive
- Suzanne Knight-3741 Hunter's Glen
- Phil Jackson-3410-Wimbledon Drive
- David Chirp-4004 Oak Court
- Mary Silvaterra-3422 Wimbledon Drive
- John Towery-3825-Greenridge
- Sam Adkins-3505 Wimbledon Drive
- Bill Nakayama- 3226 Charleston Lane
- Karen Nakayama-3226 Charleston Lane
- Don Dindee-3141 Cameron River
- Ray Martin-5701 Whistling Straits
- Charles Burke-3737 Pebble Beach
- Gary Enslinger-3753 Hunter's Glen
- Richard Perry-3913 Pecan Court
- Carol Davis- 3337 Wimbledon Drive
- Markita Wright-3613 Elm Court
- Linda Ward-3801 Greenridge
- Wes Wright-3613 Elm Court
- Jeanette Crawlick-3309 Sherwood Drive
- Patricia Laurie-3405 Wimbledon Drive
- Dusty Vega-5720 Ping Way
- Barbara Mansfield Gonzalez-
- Laurie Linfer-3731 Columbia Drive
- Robin Straff -3624 Chesnut Court
- Christy Dindee-3149 Cameron River
- Robert Marks-1223 Buck Drive
- James Bechman-3632 Chesnut Court
- Lynette Dolan 3401 Columbia Drive
- Brenda Griffin-3800 Pheasant
- Robert Radcliffe-3724 Hunter's Glen
- Ann Ochoa -5701 Fairways Drive
- Carmen Rodriguez-5621 Fairways Drive
- Jan Baldwin-3401 Columbia
- Bill Edmondson-4909 Crestwood Drive
- Dana Giggy-3825 Overlook Drive
- Donald Schneider-3501 Wimbledon Drive
- Jennifer Fournier-5013 Castle Hills Drive
- Mary Ann Kraft-3509 Wimbledon Drive
- Gregory Seibel-3713 Hillside Drive
- Doug Young-3701 Hillside Drive
- Betsy Burg-4013 Cypress Court
- Dean Dawson-3325 Columbia Drive
Mayor Gutierrez closed the Public Hearing and recessed the meeting for a five-minute break
The meeting resumed, and Mayor Gutierrez thanked the citizens for their comments tonight.
Councilmember Mark Davis thanked the audience for coming out and expressing their opinion. He explained that the rezoning process worked exactly how it is. The challenge Council has is balancing the competing desires and needs, and no matter what they do they make somebody happy and somebody sad. The level of density that is proposed in the center of existing single-family homes has him concerned. Councilmember Davis believes the issue of density and traffic issues are a valid concern.
Councilmember David Scagliola explained that the developer brings their plans to the city and then the city must address the request. He thanked Assistant City Manager Brian James for his understanding of the planning and development process. He stated the citizens are the heart of the city and when the residents speak he will listen.
Councilmember Scagliola watched the Planning and Zoning meeting where they voted on this issue, and he agrees this is definitely inappropriate development for this area.
Councilmember Tim Brown explained that the City has a Unified Development Code that we have to follow. He understands that this is a large population in a small area. He stated he believes in the rights of the property owners who have a right to develop their land. It will be a tough decision.
Mayor Pro-Tem Allison Heyward stated that the residents who spoke, many of them focused on the topic of people who are moving into the area would affect the crime level. She was concerned that the discussion focused on all the negativity of what could happen if this development was built. Ms. Heyward believes that the residents who will buy or move in will be older residents, working families who would like their children in a good school district or young couples just starting off. With concerns of the home values going down, Ms. Heyward researched and found that the U.S. Census Bureau stated that working communities with multifamily dwellings have a higher property tax value than communities with single-family properties. She stated that it will be a very hard decision to make.
Councilmember Jill Whittaker thanked the community who came to the meeting to share their opinions. She reiterated that the residents were heard tonight. The Council listens carefully to those who want to share their opinions and cares as much for the community as they do. However, with the decision before Council tonight, it will be a hard decision to make. She wanted to address some of the concerns that were brought up about the school district being prepared for an increase of enrollments. The school district stated that they are prepared for the growth and has made plans to manage it. Traffic will always be a concern but with any growth, the traffic will increase. The concept of having rentals equals crime could be true if you are looking at an area that is all apartment living. Having rentals or apartments doesn't automatically equal crime. With this type of development where the owners invest in this community, they will want to keep their investment well maintained and not ignore it. Ms. Whittaker researched communities with this type of development and their market values, she found that the years prior to the development and the years after, it was a continual the appreciation of the property. She thanked the residents for coming in and sharing their opinions, and wants to do the best for the city.
Councilmember Michael Dahle stated he has been watching social media closely and attended the Planning and Zoning meeting. He shared some information on the improvements near Northcliffe area, cleaning up Cherry Tree, chip seal program on streets- a total cost of 1.9 million dollars and in the future Capital Improvement plans to replace all the water lines in the Northcliffe area and other projects. Councilmember Dahle stated this is the first step in the project of a rezoning case of a proposed project. We use zoning for transition.
Mr Buck Benson wanted to offer an amendment to the application. Mayor Gutierrez asked Assistant City Manager Brain James what should be put in the middle where you have neighborhoods on both the right and left side. Mayor Gutierrez asked for clarity if the City Council votes no, does the developer have to wait a year before he comes back or what is the situation with a no vote.
ACM Brian James explained that if Council votes no, the time limit for the applicant to resubmit the same plans is either six months or a year. Mr. James could not recall at the moment. The developer could come back with a different plan on the application and Staff would have to determine if it's the same application or a new design. Mr James explained that if the density is too high, and if Council wanted it reduced, they would need to not approve the application. Council has the option to table the item and have the developer go back to the drawing board.
Mr. Buck Benson offered to drop the total units to 200 from 220. City Attorney Dan Santee stated with this modification of 200 units, this item would not have to be tabled.
Councilmember Scagliola made a motion to disapprove Ordinance 22-S-35. Second by Councilmember Davis.
Councilmember Scagliola-aye, Mayor Pro-Tem Heyward-nay, Councilmember Brown-nay, Councilmember Davis-aye, Councilmember Whittaker-nay, Councilmember Dahle-nay: Motion failed 2-4.
Attorney Santee explained that a motion need to approve Ordinance 22-S-35 would take a super majority 6-1. Mayor Gutierrez asked for a motion to approve Ordinance 22-S-35.
Councilmember Dahle made the motion, seconded by Councilmember Whittaker
AYE: Councilmember Dahle, Mayor Pro-Tem Heyward, Councilmember Brown and Councilmember Whittaker
NAY: Councilmember Davis, Councilmember Scagliola
Motion Failed : 4-2 No super majority.
ACM Brian James said if the two nay votes were inclined to possibly change their vote to an aye with modifications to the application, the application could still be passed. If not, then the application is denied
Councilmember Scagliola asked what other options does the developer have, since the majority of folks are not opposed to development. ACM James said the applicant can go back and do what they want to do, then come back with a different application. Councilmembers asked about other housing options for this project.
ACM Brian James stated that he would suggest that the developers and about six residents representing their community discuss what compromise they can come up with. Councilmember Scagliola and Mayor Pro-Tem Heyward offered to sit on the panel.
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Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided roll call confirmation for Consent Agenda Items #1-6 and Agenda Items # 7-8. |
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Closed Session
Mayor Gutierrez read the following closed session items into record. |
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9. |
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The City Council will convene in closed session pursuant to Government Code Section 551.074 to deliberate the appointment of a Municipal Court Prosecutor. |
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10. |
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The City Council will meet in Closed Session in accordance with Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the direction on an appointment of a new City Manager.
Mayor Gutierrez recessed the meeting into Closed Session at 11:06 p.m. |
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| Reconvene into Regular Session
Mayor Gutierrez reconvened back into regular session at 12:01 a.m.
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11. |
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Take any action based on discussions held in Closed Session under Agenda Item 9.
Mayor Gutierrez asked Mayor Pro-Tem Heyward for a motion. Mayor Pro-Tem Heyward made a motion to accept Rampage Law as our Municipal Prosecutor. Seconded by Councilmember Dahle. |
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Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Michael Dahle
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AYE:
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Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
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Passed
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12. |
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Take any action based on discussions held in Closed Session under Agenda Item 10.
No action at this time. |
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| Roll Call Vote Confirmation |
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Information available in City Council Packets - NO DISCUSSION TO OCCUR
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13. |
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Monthly Update on Major Projects in progress/CIP. (B. James/K. Woodlee)
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Requests and Announcements
- Announcements by the City Manager.
None at this time.
- Requests by Mayor and Councilmembers for updates or information from Staff.
None at this time.
- Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda.
None at this time.
- Announcements by Mayor and Councilmembers
Mayor Pro-Tem Heyward attended a ribbon cutting ceremony for Guadalupe Valley Habitat for Humanity, TML Region 7 Meeting, Get Prepped Event.
Councilmember Whittaker attended the ribbon cutting ceremony for Guadalupe Valley Habitat for Humanity, Get Prepped Event and Chamber Luncheon.
Councilmember Dahle attended the Chamber Luncheon and Get Prepped Event.
Councilmember Brown attended the Chamber Luncheon.
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Adjournment
Mayor Gutierrez adjourned the meeting at 12:04 a.m. |