11-17-09 MINUTES
REGULAR MEETING
November 17, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 17, 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 Mayor Pro-Tem Jim Fowler
Councilmember David Scagliola Councilmember John Trayhan
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
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.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
PRESENTATIONS
• Presentation from GVEC (Franchise Tax payment). (CFO Justin Locke, Board
President Lewis Borgfeld)
Mayor Baldwin recognized Board President Lewis Borgfeld who introduced CFO
Justin Locke and new Board member Mark Roberts, with GVEC, who presented the
City with the franchise tax payment of $141,613.56.
• Presentation/Discussion and update on Main Street and Town Center Projects
(EDC).
Mayor Baldwin recognized Economic Development Director George Antuna who
introduced Mr. Will Reed with SPREE - Stainback Public Private Real Estate who
provided a brief PowerPoint on the Main Street Revitalization update and Town
Center Project update answering questions from Council.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
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• Ted Meyers of Kurig Jung Mu Sul who introduced Jason Norton who invited the
Mayor, Council, and staff to attend their December 13, 2009 Belt Ceremony and
Appreciation Dinner to be held from 4:00 p.m. to 7:00 p.m. at the Schertz
Community Center.
Discussion and/or Action Items
1. Resolution No. 09-R-58 -Consideration and/or action approving a resolution
canvassing the November 3, 2009 City of Schertz Special Election. (Mayor/B.
Dennis)
Mayor Baldwin recognized City Secretary Brenda Dennis who stated that on
November 3, 2009 a total of 1,757 votes were cast with ,1,173 in favor and 584
against continuance of recycling services by the City, which would also allow
Council to set the frequency and price.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09-R-58 canvassing the results
of the November 3, 2009 special election. Vote was unanimous. Motion Carried.
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of November 10, 2009.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to approve the minutes of the regular meeting of
November 10, 2009. Vote was unanimous. Motion Carried.
3. Blue Ribbon Committee -Discussion and consideration and/or action forming and
appointing members to a Blue Ribbon Committee for the purpose of gathering
information on proposed City Projects for a possible Bond Election to be held May 8,
.2010. (J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced
this item stating action on this item requires forming a committee for the purpose of
gathering information on proposed City projects for a possible bond election to be
held on May 8, 2010. Possible projects include: Soccer complex addition,
SchertzPlex, baseball fields and Animal Shelter...
Mayor Baldwin recognized Councilmember Scagliola who asked that the Senior
Center be added to the list. Mr. Bierschwale spoke about the size of the committee in
which he would like to have around 50 to 80 members, and split them up into groups
per projects. City Manager Don Taylor stated that he believed a committee of ten
would be more appropriate. Staff and Council discussed that the meetings would
begin December through January and have a recommendation to the Council by the
end of January.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Scagliola to proceed with forming and appointing members to a
Blue Ribbon Committee for the purpose of gathering information on proposed City
Projects for a possible Bond Election to be held May 8, 2010. Vote was
unanimous. Motion Carried.
4. Ordinance No. 09-D-44 -Consideration and/or action approving an ordinance by
the City Council of the City of Schertz, Texas providing that the Code of
Ordinances of the City of Schertz, Texas be amended by revising section 86-118,
maximum limits in school zones on specific streets; and providing a repealing
clause. First Reading (FM 1518 near Corbett Middle School) (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that with the opening of the new Ray Corbett Middle School adjacent to FM
1518, the Schertz-Cibolo Universal City School District petitioned TxDOT to
create a school zone to limit speed during certain hours. It is recommended that a 35
mph school zone be created in the vicinity of Ray Corbett Drive.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 09-D-44 first reading. The vote
' was unanimous. Motioned carried.
5. Election of Board of Directors for Corral Appraisal District Board -
Consideration and/or action casting the number of votes eligible to submit in the
upcoming election of the Board of Directors for Corral Appraisal District. (Mayor)
Mayor Baldwin introduced this item answering questions from Council. Mayor
Baldwin stated that he had contacted the Mayor of Selma and stated that Selma was
casting their votes for Scott Watson a Selma resident. Mayor Baldwin recommends
that the Council cast their 30 votes as well for Scott Watson.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to cast the 30 votes for Scott Watson for Election of Board
of Directors for Corral Appraisal District. Vote was unanimous. Motion carried.
Mayor Baldwin adjourned into executive session at 7:30 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 8:22 p.m.
RECONVENE TO REGULAR SESSION
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6. Take any other action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan that the City Council approves a Mutual Settlement and
Release Agreement relating to a lawsuit by John Gannon, Inc. against the City of
Schertz and the Schertz Board of Adjustment, which, in general, contains the
following items:
1. Gannon may rebuild the sign that is dismantled, using steel components, with a
single monopole not exceeding the former sign area and height, which will be a
non-conforming permitted use,
2. Gannon will pay the City $30,000,
3. Gannon will convey the land on which the sign is located to the City, retaining
an easement for the sign,
4. Gannon will restrict advertising on the sign to exclude alcohol, tobacco, and
sexually oriented businesses,
with final approval of the Agreement by the City Manager and the City Attorney.
Vote was unanimous. Motion carried.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Mayor Pro-Tem Fowler that the City Council authorizes the City
Manager to acquire lots in the Freeway Manor Subdivision for a price of $3,000 per
lot plus standard closing costs to be paid by the City, subject to approval of
documentation by the City Manager and the City Attorney. Vote was unanimous
Motion carried.
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Scagliola who inquired if staff would
be preparing an item to set the recycle rate as passed by the voters. City Manager
Don Taylor and Assistant City Manager John Bierschwale stated yes, an item will
be on a future agenda.
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
9. 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
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• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized Mayor Pro-Tem Fowler and Councilmember Scagliola
who stated they attended the Main Street briefing on Monday, November 16, 2009
and were impressed with the organization of the meeting.
Mayor Baldwin recognized Councilmember Carpenter who personally
complimented and thanked the Fire Department on a recent call to his home in
which there was a small fire in the stove.
Mayor Baldwin stated that he received a letter from a citizen who had complained
about the City and having to apply for a building permit. He has spoken to Michele
Sanchez, Development Service Director, and she will be preparing a response back
to them and would copy Council.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who gave a brief update on the
Lowe's drainage issue stating that City Engineer Larry Dublin has been in contact with
Lowe's Civil Engineer. Mayor Baldwin recognized City Engineer Larry Dublin who
stated that he indeed has been receiving updates from them as they are preparing a plan
to resolve the drainage issues and also that the Real Estate Department of Lowe's is
researching who actually owns the easement. Mr. Dublin further stated that he has
been in contact with Mr. Lougher keeping him updated on the status.
Mr. Taylor stated that he also has Mr. Dublin working on the Mesa Oaks drainage
issues. Mr. Dublin stated that he has been in contact with Larry Akin and he will be
bringing forth plans to resolve those drainage issues and setting up meetings with the
Homeowners Association, but believes this is a developer owner issue.
Mr. Dublin updated the Council on the Scenic Hills issue stating that he is monitoring
this and gathering information to bring back to the citizens and Council.
City Manager Don Taylor stated that regarding the Chelsea Road closure it appears that
traffic is going out the other way. Mr. Dublin stated that he has had no calls the last
two days.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:40 p.m.
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H 1 Baldwin, Mayor
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
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