10-13-09MINUTES
REGULAR MEETING
October 13, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
October 13, 2009 at 6:30 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 David Scagliola
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
Deputy City Secretary Mary Ybarra
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem Jim Fowler
Councilmember John Trayhan
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Mayor Baldwin called the meeting to order at 6:30 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Mayor Pro-Tern Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
Mayor Baldwin moved to Item 6 of the agenda due to Councilmember Carpenter having to
leave, and not stay for the entire meeting. This item would require a 314 vote from Council.
6. Ordinance No. 09 -S -40 — ZC2009 -06 - Conduct a Public hearing and
consideration and/or action approving an ordinance for a request to rezone
approximately 50± acres of land from a combination of Manufacturing District -
Light (M -1) and General Business District (GB) to entirely Manufacturing District -
Light (M -1). The property is more specifically described as a portion of the C.M
Gahagan Survey No. 258 Abstract No. 182 and of the J.F. Zepeda Survey No. 257
Abstract 685, generally located 565± feet north of the intersection of IH -35 and
Schwab Road. (First and Final) (M. Sanchez /M. Nichols)
Mayor Baldwin opened the public hearing and recognized Development Services
Director Michele Sanchez who introduced this item answering questions from
Council. Ms. Sanchez stated that this request is an application by the City of
Schertz to rezone 50+ acres from a combination of Manufacturing District -Light
(M -1) and General Business District (GB) to be zoned entirely to Manufacturing
District -Light (M -1).
Ms. Sanchez stated that earlier this evening the Planning and Zoning Commission
met in special session and recommended approval by a 4 -0 vote.
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Ms. Sanchez stated that included in section III of the Ordinance is a caveat, (in the
event that Council approves the zoning) that if a preliminary site plan has not been
filed with the City by June 30, 2010, the zoning shall revert to the prior zoning
classification.
Because this was a public hearing, Mayor Baldwin asked for citizen comments, as
there was none; Mayor Baldwin closed the public hearing.
Mayor Baldwin recognized Mayor Pro -Tern Fowler who moved, seconded by
Councilmember Trayhan to approve first and final reading of Ordinance No. 09 -S-
40. Vote was 4 -0. Motion Carried
Councilmember Carpenter left at 6:37 pm
Mayor Baldwin moved back to presentations.
PRESENTATIONS
• Proclamation Domestic Violence -Amy Pruitt to accept
Mayor Baldwin recognized Amy Pruitt and Angelica Rodriquez from the Crisis Center
of Comal County and presented them with a proclamation declaring October
Domestic Violence month.
• Certificates of Appreciation (James Sablan, Craig Andrews)
Mayor Baldwin recognized Army Medics James Sablan, Craig Andrews and
distinguished guests and presented both army medics with a certification of
appreciation for coming to the aid of a convenience store clerk who was shot during an
aggravated robbery.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
John Lougher, 5205 Cabana who thanked Mayor Pro -Tem Fowler, Assistant City
Manager Bierschwale, Police Department and everyone else involved in resolving a
problem (flooding) at his home. He stated that everyone did an outstanding job;
they are a credit to the community.
• Robert Brockman, 1001 Elbel who spoke on vandalism at the Schertz playscape,
and commented on minor problems with equipment, legible signage and lighting.
Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of September 29, 2009.
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Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve the minutes of the regular meeting of
September 29, 2009. Vote was 3 -0. Motion Carried.
2. Library Services Interlocal Agreement with Guadalupe County — Consideration
and /or action approving Library Interlocal Agreement with Guadalupe County. (G.
Douglas /M. Uhlhorn)
Mayor Baldwin recognized Library Services Director Gail Douglas and Library
Manager Melissa Uhlhorn who introduced this item stating that renewal of the
Guadalupe County Interlocal agreement for Library services would generate fiscal
revenue impact of $180,815 for FY 2009 -10.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan to approve the Library Services Interlocal Agreement with
Guadalupe County. Vote was 3 -0. Motion Carried
3. Ordinance No. 09 -D -41 — Consideration and /or action approving Ordinance No. 09-
D-41 revising Chapter 86 by adding Section 86 -119, Maximum Limits in City Parks;
providing a repealing clause and providing an effective date. First Reading (G.
Logan/C. VanZandt)
Mayor Baldwin recognized Parks, Recreation & Community Services Director
George Logan who stated that since acquiring/managing Crescent Bend Nature
Park, part of that management plan includes the establishment of a speed limit on
the park roads within the confines of the park perimeter. Staff has conducted a
survey of other similar park road speed limits in other cities including Landa Park
in New Braunfels, Starke Park in Seguin, Zilker Park in Austin, and Brackenridge
Park in San Antonio. In each case, the park road speed limit (where it is not a public
thoroughfare) is 15 mph.
The Ordinance will establish a uniform park road speed limit of 15 mph for the
existing and future park roads within the City of Schertz parks system.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro -Tem Fowler to approve first reading of Ordinance 09 -D -41. Vote was
3 -0. Motion Carried
4. Resolution No. 09 -R -48- STEP- Click it Or Ticket Grant- Consideration and /or
action approving Resolution No. 09 -R -48 for Texas Traffic Safety Grant
Agreement. (S. Starr)
Mayor Baldwin recognized Chief Starr who introduced this item answering
questions from Council.
Mayor Baldwin recognized Mayor Pro-Tem. Fowler who moved, seconded by
Councilmember Scagliola to approve Resolution No. 09 -R -48. Vote was 3 -0.
Motion Carried
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5. Resolution No. 09 -R -49- STEP 2010 Wave Speed Grant- Consideration and /or
action approving Resolution No. 09 -R -49 for Texas Traffic Safety Grant
Agreement. (S. Starr)
Mayor Baldwin recognized Chief Starr who introduced this item answering
questions from Council.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro -Tem Fowler to approve Resolution No. 09 -R -49. Vote was 3 -0. Motion
Carried
7. Boards and Commission Alternates — Consideration and /or action appointing
alternates to the various boards and commissions. (M. Spain) (Item requested by
Councilmember Scagliola)
Mayor Baldwin stated that because Councilmember Carpenter is not present agenda item 7
should be postponed to the next Council meeting of October 27, 2009. Council agreed.
8. City Council Boards and Commissions and External Organizations — Discussion
and consideration and /or action regarding the City Council's roles and responsibilities
on various Boards and Commissions as well as external organizations. (Council)
Mayor Baldwin stated that because Councilmember Carpenter is not present agenda item 8
should also be postponed to the next Council meeting of October 27, 2009. Council agreed.
8A. Library Surplus — Consideration and/or action regarding disposition of surplus
library property. (D. Harris)
City Attorney Michael Spain explained that because Mayor Pro -Tem Fowler is associated
with an organization that would possibly purchase library surplus property, Mayor Pro -
Tem Fowler believes the right thing to do is to recluse himself from discussion, this would
leave two voting members of Council and three votes are needed. Mr. Spain asked that this
item be postponed until the next Council meeting.
Mayor Baldwin asked that agenda item 8A be postponed until the next Council meeting of
October 27, 2009. Council agreed.
BOARD APPOINTMENTS
9. Appointment /Reappointment to Boards and Commissions /Committees —
Consideration and /or action regarding appointments /reappointments to Boards and
Commission/Committees.
Mayor Baldwin stated the interview committee met and their recommendation is as
follows:
Transportation Safety Advisory Commission: Appointment of Deborah Stone as
alternate.
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Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro -Tem Fowler to appoint Deborah Stone to the TSAC Commission as
alternate number three. Vote was 3 -0. Motion Carried
Mayor Baldwin adjourned into executive session at 7:10 p.m.
EXECUTIVE SESSION
Called under Section 551.071 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.
Mayor Baldwin reconvened into regular session at 7:50 p.m.
RECONVENE TO REGULAR SESSION
10. Take action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Trayhan to approve Resolution approving a statement and petition in
condemnation relating to Homecraft Land Development, Inc relating to Town Creek
Sewer Line Phase 2. Vote was 3 -0. Motion Carried
Requests and Announcements
11. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Mayor Pro-Tern Fowler who stated that he attended an
EDC meeting where there was discussion regarding a company in the Industrial
Park area that is having problem acquiring insurance due to water pressure
requirements. He would like to place an item on the agenda to discuss possible
EDC and /or City funding to purchase a water pump to improve water pressure.
12. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
13. 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
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• Upcoming City Council agenda items
I
Mayor Baldwin recognized Councilmember Scagliola who announced that he
attended the following:
• SchertzFest was a super event. The Bar -BQ cook -off was outstanding and
he wished that Councilmember Carpenter had brought in his trophy.
• The Chamber of Commerce Taste of Schertz was another super event. There
was also an announcement made regarding the new Chamber director.
• GBRA Pecan Festival in Seguin was a good event, the fish fry was great,
but the weather was a little chilly.
• National Night Out October 16, 2009 - he wishes to thank Chief Starr, Asst.
Chief Harris and bubba Harris for shuttling them around. The receptions
were very positive. He mentioned that he received an email from one HOA
president, thanking them for taking the time to visit their neighborhood. He
stated that he found it amazing, "the residents are the reason we are here...
it is us who should be thanking them... and National Night Out is a perfect
opportunity ".
• HOA meeting in Scenic Hills, October 13, 2009 - City Engineer Larry
Dublin guest speaker did a good job representing the City. Fielded quite a
few questions and received a list of requests.
Mayor Baldwin stated that he received a call from a member of the SCUCISD
school board advising him of an item on the agenda to discuss zoning for the junior
high schools ( Dobie and Corbett). There is still a strong desire on behalf of the
board to run the Steele attendance through the Corbett Junior High School and to
move the Clemens attendance to Dobie Junior High School. He has fought that
battle once with the school board and will be at the meeting Thursday night where
they will hear from him again. He is seeking support from anyone wishing to
attend.
14. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
No announcements given.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:12 p.m.
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Mayor
ATTEST:
y Yb rra, , Deputy City Secretary
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