12-15-09 MINUTES
REGULAR MEETING
December 15, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 15, 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 Jim Fowler
Mayor Pro-Tem 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 Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
NEW EMPLOYEE INTRODUCTION
• Parks Department
Mayor Baldwin recognized Parks Director George Logan who introduced Chuck Van
Zandt new Parks Manager. Mr. Van Zandt introduced the following new park employees:
• Ross Dye, Adan Perez, Timothy Ryan
PRESENTATION
• Presentation and Discussion by Yolanda Suarez, 3808 Broughton regarding the
need of an indoor swimming facility.
Mayor Baldwin introduced City Manager Don Taylor who stated that he had
received a call from Ms. Suarez and briefed the Council regarding their discussions
and plan. Mr. Taylor recognized Yolanda Suarez who gave a brief PowerPoint
presentation regarding the need for an indoor swimming facility for students at
Clemens High School. Mr. Taylor stated that he will continue to research the
12-15-09 Minutes
feasibility of this type of facility and will be bringing information to Council at a
later date.
• Presentation and Discussion by Oryx Development, LLC regarding a proposed
Schertz Senior Multifamily Project. (G. Antuna)
Mayor Baldwin recognized Economic Development Director George Antuna who
introduced Mr. Colby Denison, Denison Development Construction who gave a
brief PowerPoint presentation regarding building amulti-family 55 and over
"independent living" complex on Borgfeld Road in Schertz and answering
questions from Council.
HEARING OF RESIDENTS
• Ms. Jamie Phillips, 3120 Bluffs Landing Way spoke on the benefits of having a
Senior Multifamily facility.
• Ms. Sue Winkles, 2101 Railroad Street also spoke on the benefits of having a
Senior Multifamily facility.
• David Richmond, Planning & Zoning Chair spoke against having alternates on the
Planning & Zoning Commission.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 8, 2009.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Fowler to approve the minutes of the regular meeting of December
8, 2009. Vote was unanimous. Motion Carried.
2. Ordinance No. 09-M- 45 -Transportation Safety Advisory Commission: Alternate
Members; removal and appointment of members. Final reading (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who stated that action
approves changing the number of alternate positions on the Transportation Safety
Advisory Commission from three (3) to two (2) and removes Ronald White as a
regular member of the Commission and appoints Michael Goos to fill the remaining
term of Mr. White.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to approve Ordinance No. 09-M-45 final reading. Vote
was unanimous. Motion carried.
3. Ordinance No. 09-M-42 -Consideration and/or action approving and ordinance
amending Article V Section 86 of the Code of Ordinances regarding "No Parking,
stopping or standing" and declaring an emergency. First reading and final reading
(S. Willoughby/L. Dublin)
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Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced
this item stating that action amends the ordinance to specifically include "Stopping,
standing and/or parking" in bicycles lanes and installation of nineteen (19) signs
strategically placed at all such zones at the beginning, middle and end of each block.
City Attorney Michael Spain stated that he has looked at this ordinance and it would
not be in effect until February to allow time for public education of the change.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro-Tem Scagliola to approve Ordinance No. 09-M-42 first and final reading.
Vote was unanimous. Motion carried.
4. Resolution No. 09-R-61 -Consideration and/or action approving an Interlocal
Agreement with Selma relating to the Wiederstein Road West Dietz Creek Bridge
Structure. (S. Willoughby)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced
this item stating that action allows the City to enter into an Interlocal Agreement with
the City of Selma to share the construction costs for the new bridge structure on
Wiederstein Road where it crosses Jupe Land and Ike Lane in the Live Oak Hills
Subdivision. He stated Council awarded the bid for the project to V. K. Knowlton on
November 10, 2009. The City of Schertz will be responsible for the remaining and
ongoing maintenance costs. Total funds received from the City of Selma would be
$143,053.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve Resolution No. 09-R-61. Vote was unanimous.
Motion carried.
5. SSLGC Board Member Appointments- Consideration and/or action approving
appointment of SSLGC Board Members. (Mayor)
Mayor Baldwin introduced this items stating Mr. Syd Bauer will be retiring and this
action appoints Kenneth Greenwald as the City of Schertz representative to the
Schertz Seguin Local Government Corporation.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Carpenter to approve the appointment of Kenneth Greenwald as the
City of Schertz representative to the Schertz Seguin Local Government Corporation.
Vote was unanimous. Motion carried.
6. Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding appointments/reappointments to the Library
Advisory Board. (Council)
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve the reappointment of Ruth Tienor, Pattie
Lovelady, Mary McAlister, Laura Wilson and Margaret Riley to the Library Advisory
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Board and to appoint Roger Sturdy and Shonale Burke as alternate members to the
Library Advisory Board. Vote was unanimous. Motion carried.
7. Cancelling the December 22, 2009 City Council Meeting -Consideration and/or
action cancelling the December 22, 2009 Council meeting (D. Taylor)
Mayor Baldwin recognized City Manager Don Taylor who stated; action cancels
the December 22, 2009 regular City Council meeting and in a related matter, there
will be no meeting on December 29, 2009 as this is the fifth Tuesday of the month.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve the cancellation of the December 22, 2009 City
Council meeting and stated that there would be no meeting on December 29, 2009
as this is the fifth Tuesday of the month. The vote was unanimous. Motion
carried.
7A. Ordinance No. 09-5-48 -Consideration and/or action approving an ordinance
relating to Planning & Zoning Commission Alternate Members; removal and
appointments of members. First Reading (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that action amends the Planning and Zoning Commission Ordinance to include
two (2) alternate members. Mayor and Council discussed the need to have this in
place. City Attorney Michael Spain asked if it would be the pleasure of the Council
to allow David Richmond, the Chair of the Planning & Zoning Commission to look
over the Ordinance before final reading to make sure that all the changes were
correctly made. Council Concurred.
Mayor recognized Councilmember Trayhan who moved, seconded by Mayor Pro-
Tem Scagliola to approve Ordinance No. 09-5-48 first reading. The vote was
unanimous. Motion Carried.
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.
Mayor Baldwin adjourned into executive session at 7:58 p.m.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into Regular Session at 8:20 p.nz.
8. Take any action deemed necessary as a result of the Executive Session.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler that the City settle its sewer line condemnation proceeding
with Allen Jung for a payment by the City to Mr. Jung of $8,000 in exchange for (i)
a permanent sewer line easement, (ii) a temporary construction easement, and (iii)
settlement in full of the condemnation proceeding. The vote was unanimous.
Motion Carried
City Attorney Michael Spain made the following statement for the record: "Mr.
Jung offered to settle this case for $8,000, which is just a few hundred dollars more
than the City offered to Mr. Jung in the first place. With the costs Mr. Jung has
incurred by forcing the City to use its condemnation powers (getting his own
appraisal and paying his attorney), he will likely and actually receive a good bit less
than he would have received if he had just accepted the City's original offer."
Mr. Spain further stated, "My point in saying this is that, when the City needs to
acquire property for public projects, such as sewer lines or roads, we make Fair
offers based on solid appraisals. We treat property owners fairly. The City does
not use its condemnation powers lightly, only as a last resort to complete necessary
projects that benefit our citizens. I am glad that Mr. Jung offered to settle before he
incurred even more costs."
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
11. 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 newly elected Mayor Pro-Tem Scagliola who stated he
attended the following:
• December 13, 2009 Martial Arts Banquet at Kung Jung Mu Sul.
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• Will be attending the December 21, 2009 event with the Schertz
Sweethearts at Autumn Winds.
Mayor Baldwin recognized Councilmember Carpenter who stated that since the
Council will not be meeting until after the first of the year, he extends to his
colleagues and staff as well as the citizens of Schertz a Merry Christmas and a
prosperous New Year and enjoy you time away from the City.
Mayor Baldwin recognized Councilmember Fowler who stated that he would not be
in attendance at the January 12, 2010 Council meeting.
Mayor Baldwin reminded everyone, of the employee holiday party Wednesday
December 16, 2009 at the Civic Center.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
City Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris
extended holiday wishes to all.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourne the meeting at 8:28 p.m.
r
Hal Baldwin, Mayor
P.
Brenda Dennis, TRMC, CMC City Secretary
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