05-25-10 MINUTES
REGULAR MEETING
May 25, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
May 25, 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 Cedric Edwards Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager David Harris
Assistant City Manager John Bierschwale City Attorney Michael Spain
Deputy City Secretary Mary Ybarra
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.
PRESENTATIONS
• Award presentation to Keeley Ckodre recipient of the 2010 Hal Baldwin
Scholarship.
Mayor Baldwin recognized and congratulated Ms. Keeley Ckodre recipient of the
2010 Hal Baldwin Scholarship and presented her with a check for $1,000. Ms.
Ckodre will be attending Texas Lutheran University. Mayor Baldwin introduced
Keeley's mother Brenda that was in the audience.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
• Robert Brockman, 1001 Elbel who asked the status on replacement of trees/shrubs
at the new library, this is a second request. He also mentioned that at the Park &
Recreation Advisory Board meeting last evening it was decided to skip the
"Hearing of Residents" on the agenda. Mr. Brockman asked why we were diverting
from agenda procedures?
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 18, 2010.
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Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve the minutes of the Regular Meeting of May 18,
2010. Vote was unanimous. Motion Carried. '
2. Ordinance No. 10-D-12 -Consideration and/or action approving an ordinance
amending and revising Chapter 86, Section 86-149, Parking Prohibited,
Westchester Drive. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that this is a safety issue; cars parked on both sides of Westchester cause a
hazard for oncoming traffic. Two-way traffic cannot pass due to overflow of parked
vehicles for Recreation Center members. This creates a safety issue for emergency
vehicles not being able to easily transit the road. The Commission voted to make
Westchester Drive a No Parking Zone from Elbel Road to the entrance of the
Recreation Center parking lot and have this recommendation presented to Council.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 10-D-12 first reading Vote was
unanimous Motion Carried.
3. Ordinance No. 10-D-13 -Consideration and/or action approving an ordinance
amending and revising Chapter 86, Section 86-115, Maximum limits, Nell Deane -
Oak Street to FM 1518. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that based on a traffic study TSAC is recommending to increase the speed
limit from 20mph to 30mph on Nell Deane (from Oak Street to FM 1518). This
portion of the street is zoned commercial. TSAC voted in favor of recommending
and forwarding to Council.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Edwards to approve Ordinance No. 10-D-13 first reading. Vote
was unanimous. Motion Carried.
4. Ordinance No. 10-D-14 -Consideration and/or action approving an ordinance
amending and revising Chapter 86, Section 86-41, Stop Intersections -designated,
Ashley Park -Fresno Place, Emerald Point and Camaron Woods. First Reading (L.
Dublin.
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that the City practice in the past-allowed yield signs to be placed instead of
stop signs. Currently, the City does not allow for placement of yield signs at these
intersections mentioned. TSAC has reviewed and recommended forwarding to
Council for approval.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Mayor Pro-Tem Scagliola to approve Ordinance No. 10-D-14 first reading. Vote
was unanimous. Motion Carried.
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5. Annexation of Schwab RoadIFM482 -Public Hearing concerning the annexation
of Schwab Road/FM 482 area. (M. Sanchez/M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that on April 20, 2010, the Schertz City Council began the process of
annexing approximately 241.80 acres in the Schwab Road/FM 482 area. A map of
the proposed area was shown, indicating that there are 16 tracts, and 12 owners. Of
those 16 tracts, 8 tracts are owned by 4 that have AG valued property. After
identifying property owners, which were AG valued, those property owners were
offered development agreements in lieu of annexation where they could choose not
to be annexed for a period of 10 years; not pay property taxes and not receive city
services, as long as they comply with the terms of the development agreement.
Those property owners were mailed a development agreement on May 11, 2010,
with a deadline to respond by Friday, May 28, 2010. This is the first public hearing,
and June 1, 2010 is the second public hearing. The first reading of the annexation
ordinance is June 22, 2010 with final reading July 6, 2010, at which time the
annexation would be final.
Mr. Spain answered questions from Council regarding:
• AG owners option to take offer of development agreement
• The effect to the property AG exemption/transfer of ownership
• 911 system identification of tracts not in the City limits
• Emergency call distinction
• Violation of agreement
• What are the City obligations?
• Extend the deadline date to another week
• Post agenda for discussion at the second public hearing
Mayor Baldwin opened the public hearing and recognized the following:
• Susan Seekatz 6185 FM482 who thanked Council for extending the deadline
another week, and voiced concerns/questions regarding:
- 911
- Is subdividing an option on development agreement or not?
- Believes Schertz interest is tax base
• Theresa Smith 6565 FM 482 who voiced concerns regarding
- The absences of city services in other annexed areas
- Tax burden
• Mark and Marty Friesenhahn voiced the following concerns/questions:
- Why are we being annexed?
- If we do not want be annexed, what will be the answer and why?
- Notice to property owners very unprofessional and confusing
- The need to extend deadline more than a week
- Development agreement being non-negotiable
- Reasoning of the 10 year period
- Historical presence
- Existing/future building
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The following residents voiced similar concerns as mentioned above:
• Ricky Roberts, Tim Fey, Milt Saunders, and Robert Brockman
As no one else spoke, Mayor Baldwin closed the public hearing and stated that no
action is required at this time and that the second public hearing would be held on
June 1, 2010 at 6:30 p.m., and that everyone would have another opportunity to
speak.
6. Resignations/Appointments/ Reappointments to Boards and
Commissions/Committees - Consideration and/or action regarding
resignations/appointments/reappointments to Boards and Commission/Committees.
• Resignation of Walter and Lula Mae Schertz from the Historical Committee.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Edwards to ratify the resignation of Walter and Lula Mae Schertz
from the Historical Committee. Vote was unanimous. Motion Carried.
Mayor Baldwin adjourned into Executive Session at 7:43 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.
Mayor Baldwin reconvened into regular session at 8:45 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No action was necessary
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
There were no requests.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Councilmember Fowler who asked the status regarding
the sound system in Council Chambers. Assistant City Manager Harris stated that it
is a work in progress.
Mayor Baldwin asked that the developer who worked on the water system at
Aviation Heights come back and level out the area where water is standing, which
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is allowing mosquitoes to breed. Resident at 816 Brooks cannot enjoy her back
yard.
10. 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 indicated it was a busy
week: He thanked (the EMS Director) and his staff for their appreciation dinner,
and coordination of the EMS Extravaganza at the Forum. He stated the Doggie
Dash was a big success and thanked those City personnel involved. He expressed
his appreciation of the Police Department for organizing their cookout on behalf of
the Walls family. He stated that overall; this week represents what I like most
about our City. We know what community service is all about...we welcome the
opportunity to share our strengths with others...we know what quality of life
is about...and above all...we take care of our own!
Mayor Baldwin recognized Councilmember Carpenter who stated that he attended a
volunteer activity in a newly annexed part of Cibolo, where the residents were
disappointed that they were not annexed by the City of Schertz, but instead annexed
by the City of Cibolo.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
There were no announcements.
ADJOURNMENT
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As there was no further action, Mayor Baldwin adjourned e meeting at 8:50 p.m.
Hal Baldwin, Mayor
ATTEST:
Mary barr , C, Deputy City Secretary
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