03-09-10 _ _
MINUTES
REGULAR MEETING
March 9, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
March 9, 2010 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 David Scagliola
Councilmember Jim Fowler 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 TI3E 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.
EMPLOYEE RECOGNITION
• Employee Recognition of accomplishment (Municipal Court Office)
Mayor Baldwin recognized Municipal Court Services Director Patti Veliz who
introduced Senior Deputy Court Clerk Angela Green and Deputy Court Clerk
Jackie Marbach mentioning that each has successfully completed their Texas
Municipal Court Clerks Certification.
Mayor Baldwin and Council congratulated Angela and Jackie for such an
accomplishment. City Manager Don Taylor thanked Patti and her staff for an
outstanding job they have done in the Municipal Court.
RECOGNATION/PROCLAMATIONS
• Proclamation recognizing Cal-Tex Protective Coatings, Inc.
Mayor Baldwin recognized Economic Development Director George Antuna who
introduced Mr. Bob Pruitt President, Ms. Jenifer Anderson, Corporate Training and
Planning Coordinator with Cal-Tex. Mayor Baldwin presented Mr. Pruitt, Ms.
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Anderson with a proclamation for being ranked 29`h out of the top 50 companies in
the San Antonio region.
PRESENTATION
• Marshal Services report and update -Presentation and discussion regarding the
Marshal Services Department (B. Todd)
Mayor Baldwin recognized City Marshal Beverly Todd who came forward
providing a brief PowerPoint presentation on information regarding the recent and
past activities of the Marshal Services answering questions from Council. Mayor
and Council thanked Marshal Todd and her staff for an outstanding job.
• FM 3009 update -Presentation and discussion regarding the FM 3009 Construction
(L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who gave a briefing
regarding the design and status of the FM 3009 construction project answering
questions from Council.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
Ms. Marilyn Paliani, 1304 Greenwood who spoke against the City allowing a puppy pet
expo stating she supports the Humane Society in adopting animals.
Mr. Herman Harlohs, 11564 Ware Seguin who spoke regarding the road construction and
drainage issues.
Mr. Robert Brockman, 1000 Elbel Road who spoke regarding a sign on Wiederstein road,
the upcoming BVYA grand opening, over grown trees and the Library still needing a
vending machine.
Ms. Michele Tereletsky, 705 Marilyn Drive who spoke regarding the drainage problem
behind Marilyn Drive.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 23, 2010 and the Joint Workshop with City Council and
EDC February 25, 2010 Councilmember Carpenter indicated that he would be
voting for both but that he was absent at the February 25, 2010 meeting.
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Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to .approve the minutes of the Regular Meeting of February
23, 2010 and the Joint workshop with City Council and EDC February 25, 2010. Vote
was 3-0-1 with Councilmember Fowler Abstaining. Motion Carried.
2. Ordinance No. 10-M-04 -Consideration and/or action approving an ordinance
establishing the time and place of City Council meetings; providing an effective date;
and repealing all ordinances or parts of ordinances in conflict with this ordinance. (M.
Spain) First Reading
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that Section 4.09(a) of the City Charter provides in part that the "City
Council shall meet at least once each month at a time and place prescribed by
ordinance." Pursuant to Ordinance No. 88-D-4, codified in Section 2-2(a) of the
City's Code of Ordinances, the regular meetings of the City Council are to be
conducted on the first and third Tuesdays of each month, commencing at 7:00 p.m.,
and that Ordinance has not been amended. By motion, approved by unanimous
vote of the City Council on February 13, 2007, the City Council determined to start
all City Council sessions at 6:30 p.m. every Tuesday; by practice, the City Council
does not generally meet on the 5th Tuesday of a month. Ordinance No. 10-M-04 is
intended to officially clarify the City Council's policy on regular meeting days,
times, and places. City Attorney recommends City Council approval. City
Attorney Michael Spain answered questions from Council.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-M-04 first reading. Vote was
unanimous. Motion Carried.
3. Ordinance No. 10-S-OS - ZC-2010-001 Ashton Senior Village -Zone from NS
to R-4 - Conduct a public hearing and consideration and/or action on a request to
rezone approximately 10.637 acres of land from Neighborhood Services District
(NS) to Apartment/Multi-Family District (R-4)_. The property is more specifically
described as a portion of the Genobera Malpaz Survey No. 67, Abstract No. 221,
generally located 458 feet east of the intersection of Borgfeld Road and FM
3009 (Roy Richard Dr.) First reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that action by Council rezones approximately 10.637
acres of land from Neighborhood Services District (NS) to Apartment/Multi-Family
District (R-4). She stated the Planning and Zoning Commission voted at their
February 24, 2010 meeting to approve the rezoning for only a senior multi-family
development. It was also stipulated that after two (2) years if funding cannot be
secured and the senior housing development is not constructed the zoning would
revert back to its original Neighborhood Services District (NS). This property is
located on Borgfeld Road between the car wash and Stars Dance Studio.
Mayor Baldwin opened the public hearing and recognized Mr. Steve White, President
of the Economic Development Corporation who spoke regarding the problem of the
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financing on the project, specifically the 50% tax abatement for life. The EDC is not
opposed to the project but is opposed to the financing. As no one else spoke, Mayor
Baldwin closed the public hearing.
Mayor Baldwin read the Ordinance caption and after a brief presentation by Director
of Development Services Michelle Sanchez; questions and comments from Council
were entertained . After considerable discussion between the Council and the
landowners regarding the abatement and financing issues and matters of how the
property would be monitored, Mayor Baldwin called for a motion.
Mayor Baldwin recognized City Attorney Michael Spain who pointed out the
stipulation that if this property is not developed within 2 years that it will revert back
to the original zoning he also requested that the city put a notation on the city map for
this particular piece of property.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance No. 10-S-OS first reading. Vote was
unanimous. Motion Carried.
Mayor Baldwin adjourned into executive session at 7:45 p.m.
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 and Section 551.087 Deliberation
regarding Economic Development Negotiations.
Mayor Baldwin reconvened into regular session at 9:07 p.m.
RECONVENE TO REGULAR SESSION
4. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
5. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
6. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
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7. 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 Mayor Pro-Tem Scagliola who stated that it was a busy
week. He attended the following:
• Kung Jung Mu Sul awards ceremony
• Ribbon cutting at the new book store next to the old Library
• Master Gardner's show at the Civic Center
• Wilenchik Walk For Life
Mayor Baldwin recognized Councilmember Fowler who stated he attended the
Wilenchik Walk for Life event mentioning it was very well attended.
Councilmember Fowler also mentioned the project at the Recreation Center in that
it is coming along nicely and it is a great facility.
Mayor Baldwin recognized Councilmember Trayhan who also stated he attended
the Wilenchik Walk for Life event and thanked everyone involved.
Mayor Baldwin recognized Councilmember Carpenter who stated he too attended
the Wilenchik Walk for Life event this past weekend. Councilmember Carpenter
also stated that he would be absent at the next Council meeting.
Mayor Baldwin stated that he attended the Wilenchik Walk for Life event and
thanked everyone involved in making it a great success. Mayor Baldwin stated that
he wanted to give kudos to City Engineer Larry Dublin for hosting a successful
meeting with the residents of Mesa Oaks in addressing their concerns. Mayor
Baldwin recognized Administrative Assistant Sandy Bryant and thanked her for
assisting an angry citizen who had called him stating that she had booked a birthday
party at the park but that recently she had received a letter that the park would be
closed for repairs. Mayor Baldwin stated that Sandy was able to open the park for
the birthday party and the citizen was very appreciative. Ms. Bryant thanked City
Engineer Larry Dublin for assisting her in making it happen.
8. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
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Mayor Baldwin recognized Assistant City Manager John Bierschwale who thanked
everyone for attending the Wilenchik Walk for Life event stating that there were over
539 in attendance and has hopes that the city will reach their goal.
Mayor Baldwin recognized Assistant City Manager David Harris who stated that YMCA
has offered a corporate discount to Council and City Staff, $10.00 for individuals and
$20.00 for family.
Mr. Harris mentioned that he met with Bexar Metro District and they declined the offer
from the City of the free land. He stated that he believed this project would be built in
Bexar County area.
Mr. Harris announced that he and George Antuna had been working with the City of San
Antonio regarding the release of the ETJ and that it is scheduled to be on their meeting of
April 1, 2010
Mr. Harris asked everyone to reserve the date of April 15, 2010, as the City of Schertz
will be hosting the TML Region VII meeting at the Civic Center, invitation will be going
out this week.
Mayor Baldwin recognized City Engineer Larry Dublin who stated that the Recreation
Center is coming along nicely and that YMCA will be moving their equipment in on
Monday. He also stated that YMCA will behaving the opening gala the end of April and
that more information will be provided shortly.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourne the meeting at 9:17 p.m.
al Baldwin, Mayor
da Dennis, TRMC, CMC City Secretary
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