04-20-09MINUTES
REGULAR MEETING
April 20, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
April 20, 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
Councilmember Jim Fowler
Councilmember Michael Carpenter
Mayor Pro-Tem David Scagliola
Councilmember John Trayhan
Staff Present: City Manager Don Taylor
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Assistant City Manager David Harris
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-Tem Scagliola gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
Mayor Baldwin introduced the following who were in the audience this evening:
• Commissioner Jim Wolverton
• Wife Barbara Baldwin
• Uncle Bill Schraft and Cousin Christian Schraft
PRESENTATION/PROCLAMATION
• Special Presentation Proclamation (D. Taylor)
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who read and presented a
proclamation to Mayor Hal Baldwin proclaiming April 20, 2010 Hal Baldwin day
celebrating his 75t" birthday.
HEARING OF RESIDENTS
No one spoke undeN this section.
Discussion and/or Action Items
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1. Lazy Oak -Discussion and consideration and/or action regarding rebuilding of Lazy
Oak. (Mayor Baldwin/L. Dublin)
Mayor Baldwin stated that he asked that this item be placed on the agenda for
discussion so that the homeowners of Lazy Oaks Drive could address Council
regarding the need to make improvements to the street by expanding to two lanes
instead of the present one lane street with sidewalks and curbs. Mr. Dublin provided a
brief power point presentation giving an overview of roadway problems within the
subdivision, providing an estimate for repairs, answering questions from Council. Mr.
Dublin specifically addressed the criteria of how streets were chosen for the bond
project package. Mr. Dublin stated that he believes Lazy Oaks Drive was not on this
list, he stated that not all the bond money has been spent but that it has been
earmarked for other streets. Mr. Dublin stated that in order to make improvements to
Lazy Oaks Drive the City would have to find the money in the budget this year and/or
could place this in the budget next year as discussed by Council.
Mayor Baldwin recognized Mr. Dick Wehman, 1320 Circle Oak who addressed his
concerns regarding the need of repairing Lazy Oaks Drive, traffic problems, the
erosion issues on the park side, and the problem with turning left on to FM 3009. Mr.
Wehman provided a list of signatures from the homeowners wanting the city to
address their concerns. Council talked about the possibility of a light at that
.subdivision exitlentrance. Mr. Dublin stated that he would be conducting a traffic
count on Circle Oaks and petitioning TXDOT to do a traffic study regarding the
traffic coming out of that subdivision to see if it warrants a light there.
Council asked Mr. Dublin to see what options the city has regarding addressing this
issue but also to address ingress -egress issues as well.
2. Veteran Plaza Location -Discussion and consideration and/or action regarding a
location of a Veteran Plaza. (Mayor Baldwin).
Mayor Baldwin stated he requested this item be placed on the agenda to discuss a
possible location for a Schertz Veterans Monument. Mayor Baldwin asked that this
item be postponed to the Apri127, 2010 meeting, as those making the presentation are
unable to attend this meeting. No action taken.
3. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of April 13, 2010.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve the minutes of the Regular Meeting of April 13,
2010. Vote was unanimous. Motion Carried.
4. Resolution No. 10-R-18 -Consideration and/or approving a resolution for the
commencement of Annexation proceedings for a portion of Schwab Road and FM
482 and adjacent properties. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that action requested of Council would be to adopt the resolution to annex all
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of Schwab Road between IH-35 and FM 482 not already within Schertz boundaries
from Comal County. Total approximate area to be annexed is approximately 241.80
acres, 19 parcels, and 12 units. He stated that a new map was provided by the City
Engineer after Council had received their packets where there was additional acreage
found. He further stated this resolution starts the process for annexation and
recommends approval.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve Resolution No. 10-R-18. Vote was unanimous.
Motion Carried.
5. Resolution No. 10-R-19 - Consideration and/or action approving a resolution
authorizing a consulting agreement with Stainback Public/Private Real Estate and the
City of Schertz Economic Development Corporation. (J. Jewell)
Mayor Baldwin recognized EDC Director Jeff Jewell who introduced this item
stating that action requested of Council approves an amendment to the original
contract with Stainback Public/Private Real Estate approved on January 26, 2009.
He stated that the second amendment would authorize Stainback to go forth with
design guidelines for the capital improvements planned for FM 78. Fiscal impact of
up to $108,445 to be paid for out of budgeted EDC funds. Mr. Jewell further stated
that the EDC Board of Directors unanimously approved this amendment on April 8,
2010. Mr. Jewell provided a brief power point presentation regarding Phase II
Main Street and FM 78 answering questions. Mr. Jewell stated that staff and EDC
recommend Council approval.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter that based on the recommendation of EDC to approve
Resolution No. 10-R-19. Vote was unanimous. Motion Carried.
6. Resolution No. 10-R-20 -Consideration and/or action approving a resolution
authorizing a Lease Agreement with Schertz Chamber of Commerce. (M. Spain/B.
Cantu)
Mayor Baldwin stated that this item has been postponed to the April 27, 2010
meeting.
7. Ordinance No. 10-M-07- Consideration and/or action approving an ordinance
approving revised budget figures and allocation of funds for Fiscal Year 2009-2010;
providing that this ordinance shall be cumulative of all ordinances; providing a
severability clause; and providing an effective date. First Reading (D. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced
this item stating the action requested of Council deletes the Assistant Director and
Analyst positions for Schertz Economic Development Corporation and creates an
Intergovernmental Relations Director and Clerk positions. Estimated net savings of
$2,234 to the Economic Development personnel budget (fund 620). Mr. Harris
addressed Council questions and recommended approval.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve Ordinance No. 10-M-07 first reading. Vote was 3-
1-0 with Mayor Pro-Tem Scagliola voting no. Motion Carried.
Mayor Baldwin adjourned into executive session at 7:28 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 551.074 -Deliberate the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of
the City Manager.
Mayor Baldwin reconvened into regular session at 8: 32 p.m.
RECONVENE TO REGULAR SESSION
8. Take any action deemed necessary as a result of the Executive Session.
No action taken.
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.
Mayor Baldwin recognized Councilmember Fowler who asked for a status
regarding Morning Drive. City Engineer Larry Dublin stated that they paved
Morning Drive this morning.
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 Mayor Pro-Tem Scagliola who stated he attended the Artz 10
Genesis show Thursday at the Civic Center and it was an outstanding event. He also stated
he attended the TML Region 7 dinner Thursday, April 15, 2010, great job to those who set
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up both events. Councilmember Scagliola also stated he attended the Schertz Chamber
Luncheon Tuesday, Apri120, 2010
Mayor Baldwin recognized Councilmember Carpenter who also stated he attended these
events and it was a great show and a great testimate to our city.
Mayor Baldwin recognized Councilmember Fowler who concurred that the Artz 10
Genesis and TML Region 7 events were outstanding.
Mayor Baldwin stated he wanted to thank all those involved in putting the proclamation
together celebrating his 75th birthday.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who announced that HEB has once
again hired a pest control service to shoot off firecrackers to scare off the grackles and that
the Council might be receiving calls.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourne the meeting at 8:39 p.m.
Hal Baldwin, Mayor
A'
Dennis, TRMC, CMC City Secretary
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