Loading...
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) 12-15-09 Minutes Page - 2 - 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 12-15-09 Minutes Page - 3 - 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. 12-15-09 Minutes Page - 4 - 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. 12-15-09 Minutes Page - 5 - • 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 12-15-09 Minutes Page - 6 -