04-19-2011 MinutesMINUTES
REGULAR MEETING
Apri119, 201.1.
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
19, 2011, at G:00 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 David Scagliola
Councilmember Iim Fowler
Councilmember Cedric Edwards
Staff Present: City Manager Don Taylor
City Attorney Michael Spain
Assistant City Manager David Harris
Deputy City Secretary Cynthia Raleigh
Councihnember Antuna and Mayor Pro Tem Carpenter were absent.
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Cauncilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and State of Texas.
PRESENTATIONS
• 311, Purchasing & Asset Management Department Updates. (R. Duprat-Waldo}
Mayor Baldwin recognized Purchasing and Asset Management Director Rita .Duprat-Waldo
who introduced the Purchasing and Asset Management Department Employees {Jerry
McFarland and Shelley Krauss) and the 311/Customer Relations Department Employees
(Linda Babineau and Sherry Davis} who provided a brief report regarding the on-going
activities and answering questions from Council.
Hearing of Residents
Mayor Baldwin recognized the fallowing:
Mr. Michael Dahle, 9120 E. FM 1 S 18 N, who thanked the City for their efforts in the
annexation of property south of FM 78 and represents his neighbors in supporting the
proposed annexation that is on the agenda for action. Mr. Dahle also addressed the Council
regarding his concerns of the current proposed development in this area.
• Mr. Steve Layton, 12231 Lost Meadows, who addressed the Council regarding South
Schertz flooding issues. Mr. Layton is a member of the Bexar County Watershed
Improvement Advisory Committee and explained the damage that could occur to this area
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if a 200 year flood occurred. He recommended that the City participate in the Community
Rating System that could reduce the cost of flood insurance to residents. Mr. Layton also
requested that Council .consider all roads that are an emergency escape of a flood prone
area meet all-weather road requirements.
Mr. Larry Dublin, 541 Ginsburg Drive, who addressed the Council advising them that
Schertz is becoming the "Independent Movie Capital of the Corridor." He informed
Council that at least four movies have been filmed entirely in Schertz. He mentioned an
upcoming movie called "Cooper" that was filmed completely in Schertz and invited
Council to attend a showing of that movie.
Mr. Michael DeNuccio, 15303 Huebner, who represents Croton Properties and addressed
the Council regarding the annexation of property south of FM 78 that is on the agenda for
action. Mr. DeNuccio referenced a letter that his law firm has sent to Michael Spain
requesting that the area planned to be developed by Croton Properties be removed from the
proposed annexation and that the annexation be postponed for two weeks to allow for his
firm, the developer and the City to prepare a development agreement for this area
addressing the concerns of Council and residents.
• Mr. Robert Brockman, 1000 Elbel, addressed the Council regarding his concern for parking
at Thulemeyer Park that is traditionally used for the 4'~ of July. He is concerned if the
material that is currently being stored there by contractors will be removed in time for the
event so that the carnival company will have a place to park their equipment and RV's
during the event.
• Mr. Joel Tanner, 11830 Lost Meadows, addressed the Council regarding his strong support
to proceed with the proposed annexation. Mr. Tanner is concerned about the ambiance of
the area as well as flooding of the area and the effects of the current proposed development
in the area. He would like to see the rural open space in the area be retained and preserved.
Consent Agenda Action Items
Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of April 12, 2011.
2. Ordinance No. Il-M-06 -Consideration andlor action approving an Ordinance amending
the Code of Ordinances of the City by amending Chaptex 34, Health, Article IV, Smoking
in Public Places. Final Reading (J. Bierschwale/M. Spain)
3. Uniform Vendor Change -Consideration and/or action requesting a change in our
uniform vendor from Unifirst to Aramark and approving a contract. (D. Taylor/R. Duprat-
Waldo)
4. Ordinance No. 11-A-09 -Consideration andlor action approving Ordinance No. 11-A-09
regarding the annexation of approximately 189.b3 +/- acres of property east of FM 1518,
south of RAF Barnette, and north of Lower Seguin Road, all in Bexar County, Texas.
Final Reading (M. Spain/M. Spain)
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5. Ordinance No. 11-M-10 -Consideration andlor action approving an ordinance setting
dates for the end of terms of members of certain city boards, commissions, and con~rnittees;
repealing all ordinances or resolutions or parts of ordinances or resolutions in conflict with
this ordinance; and providing an effective date. First Reading (B. Dentus/M. Spain)
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve the consent agenda items 1 through 4 and adding item
number S to the consent agenda. Michael Spain commented that regarding to the
annexation of property, the City, a$er taking action, could still enter into a development
agreement with Croton Properties. The vote was unanimous. Motion carried.
Discussion and/or Action Items
6. Schertz Seguin Local Government Corporation (SSLGC} Board Appointment -
Consideration and/or action appointing a member to the SSLGC Board. (J. BierschwalelJ.
Bierschwale)
Mayor Baldwin recognized Ken Greenwald, President of SSLGC, who introduced this item
stating that action approves the appointment of Timothy "Jake" Jacobs to fill the unexpired
term ending December 31, 2012 of Jim Wolverton, Secretary of the SSLGC Board, who
resigned March 31, 2011. The Mayor also recommended that SSLGC acknowledge Jim
Wolverton for his years of service and his charter membership of SSLGC. Mr. Greenwald
confirmed that such acknowledgement will take place at a future SSLGC meeting.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve the appointment of Timothy "Jake" Jacobs as the
City of Schertz appointment to the Schertz Seguin Local Government Corporation Board.
The vote was unanimous. Motion Carried.
Mayor Baldwin adjourned into executive session at 7:05 p.m.
EXECUTIVE SESSION
Called under Section SSL071 Texas Government Code Consultation with City Attorney
regarding Litigation, pending litigation; Section SS1A72 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the City Manager and the Police Chief.
Mayor Baldwin reconvened into regular session at 7:45 p.m.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councihnember Scagliola authorizing the City Manager to agree to the City paying the
legal costs for Fulbright and Jaworski to represent Michelle Sanchez, Duector of
Development Services, in the Croton Properties lawsuit. The vote was unanimous. Motion
Carried.
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Re uests and Announcements
S. Requests by Mayor and Councilmembers that items he placed on a future City Council
agenda.
Mayor Baldwin recognized Councilmember Edwards who recommended that the City hold
an open forum for the citizens of South Schertz regarding the annexation of the properties
and the proposed development in the area.
Mayor Baldwin recognized City Attorney, Michael Spain who announced that the April 26,
2011 Council Meeting will begin at 5:00 p.m., to allow for an Executive Session from 5:00
p.m. to 6:00 p.m. and the regular agenda to begin at approximately b:00 p.m.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests.
10. Announcements by Mayor and Councilmembers
Mayor Baldwin recognized Councihnember Scagliola who announced that he attended the
Schertz Chamber of Commerce monthly luncheon.
Mayor Baldwin announced that Allstate Insurance donated $500 in his name to the Hal
Baldwin Scholarship Foundation in honox of his I OOt~' renewal with Allstate.
11. Announcements by City Manager
Mayor Baldwin recognized City Manager Don Taylor who announced that City staff will
be in Austin appearing before one of the Legislature Committees regarding TCEQ, Capital
Recovery and Collective Baxgaining. Assistant City Managex David Harris announced that
he and Mayor Baldwin will be present at the TCEQ hearing for the rock quarry permit.
City Manager Don Taylor recognized that today was Mayor HaI Baldwin's birthday.
ADJOURNMENT
As there was no further action, Mayor Baldwin~ddjourne~ the meeting at 7:52 p.m.
ATTEST:
Cy a Raleigh, e uty Secretary
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