03-11-2008
MINUTES
REGULAR MEETING
March 11,2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
11, 2008, 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
Council Member David Scagliola
Council Member Tony Wilenchik
Mayor Pro-Tern John Trayhan
Council Member Jim Fowler
Council Member Michael Carpenter
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris 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.
Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
. Mary Ann Mallard, 1065 Valley Forge spoke on her desire to be appointed to the 50th
Anniversary Committee.
. Frances Rushing, President of the Schertz Chamber of Commerce who provided updates on
the Chamber's upcoming events:
Business Appreciation Dinner Friday, March 14,2008 at 7:00 p.m.
Chamber Board of Directors approved a $250.00 sponsorship for the Doggy-Dash
Announced that Debbie Gildea will be leaving the Chamber.
Announced she attended a SCUC ISD meeting, they are forming a foundation and she
has accepted to serve on the Board of Directors.
Announced she was interviewed last Thursday by CBS Radio and mentioned the City
of Schertz has been named as the best place to live in the State of Texas as it relates to
affordability.
Spoke on the Sign Ordinance and thanked and congratulated the Council for showing
their flexibility with the businesses.
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· Will Brown, 2601 Kingsland Circle spoke on enforcement of City ordinance issues.
· John Bierschwale, Assistant City Manager who presented each Council Member with a
subpoena "The City of Schertz vs. Grackle Draftee" Grackle draftees to appear on the 31 st
Day of May, 2008 at 8:00 p.m. before the Honorable 50th Aviary District of Guadalupe
County, Texas, 1400 Schertz Pkwy, Bldg #5 in the City of Schertz then and there to muster
funds for the order of the Grackle. Draftees are further ordered to bring any and all
wealthy bird-lovers to assist you with your charge to raise funds for the Schertz Park
Foundation.
PRESENTATION
· Interactive City Council Agenda (B. Dennis)
Mayor Baldwin recognized Brenda Dennis who provided information on the accessibility
of agenda items on the posted agenda on the City of Schertz website.
ANNOUNCEMENTS
Council General Announcements:
Mayor Pro-Tem Trayhan
· Announced he attended the Deer Haven Street Improvement public hearing meeting.
. Attended Friday a worksession meeting on the roles and responsibilities of open meetings
with the Schertz Housing Authority.
· Attended the Schertz Housing Authority monthly meeting Monday.
Council Member Fowler
· Requested that Item 9 be moved in front of Item 7 since it is dealing with signs. Council
concurred.
Council Member Scagliola
· Wanted an update on the issue of Section 11/ Section 8 housing, Don Taylor, City Manager
stated that he was informed that the apartment complex under construction on FM 3009
was Section 11 housing and an article will be published in the upcoming issues of Schertz
Tales addressing this question.
Council Member Wilenchik
. Attended the Schertz Chamber of Commerce Board of Directors meeting.
. Stated that the July of 4th Jubilee celebration plans are well underway, that this will be a
very exciting event.
Council Member Carpenter
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.
Attended the Library Advisor~ Board meeting last evening, reminding Mayor, Council and
citizens of their upcoming 30t anniversary in April.
Items by Mayor
. Attended the ASA Commuter Rail District Board meeting, some of the items discussed
were updating the By-laws, and proposing changes to the Legislation to allow Amtrak
to be part of the Commuter Rail.
REGULAR AGENDA
1. Minutes - Consideration and/or action regarding the approval of the minutes of the regular
meeting of March 4,2008.
Mayor Baldwin recognized Mayor Pro-Tern Trayhan who moved, seconded by Council
Member Carpenter to approve the minutes of March 4, 2008. Vote was unanimous.
Motion Carried
2. Ordinance No. 08- T -14 - Consideration and/or action approving an ordinance repealing
Tax Abatement 05-T-34 and Tax Abatement agreement for and with Tri-County Parkway
Ltd., and establishing a new Tax Abatement Ordinance and Tax abatement by the City
Council with Prologis. Discussion and Possible Final Reading (1. Jewell)
Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced
this item answering questions from Council. Mayor Baldwin recognized Council Member
Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No.
08- T -14 granting the transfer of the tax abatement. Final Reading Vote was unanimous.
Motion Carried
3. Ordinance No. 08-T-15 - Consideration and/or action approving an ordinance repealing
Tax Abatement 04-T-39 and Tax Abatement agreement for and with 6413 Tri-County
Parkway Ltd., and establishing a new Tax Abatement Ordinance and Tax Abatement by the
City Council with Prologis. Discussion and Possible Final Reading (1. Jewell)
Mayor Baldwin recognized Jeff Jewell, Economic Development Specialist who introduced
this item answering questions from Council. Mayor Baldwin recognized Council Member
Carpenter who moved, seconded by Mayor Pro-Tern Trayhan to approve Ordinance No.
08- T -15 granting the transfer of the tax abatement. Final Reading Vote was unanimous.
Motion Carried
4. Savannah & Lone Oak Subdivision Street Reconstruction - Consideration and/or action
regarding awarding a bid to Wagner Material and Construction Company. (S. Willoughby)
Mayor Baldwin recognized Sam Willoughby, Public Works Director who introduced this
item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern
Trayhan who moved, seconded by Council Member Carpenter to award the bid to Wagner
Material and Construction Company with a base bid of$807,359.30 and an alternate bid #2
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of $10,000.00 for thermoplastic striping and raised pavement markings, and an alternate
bid #3 of $59,257.20 for sidewalk and curb repairs in the Lone Oak Subdivision for a total
amount of$876,6l6.50. Vote was unanimous. Motion Carried
5. Northcliffe Water Plant Upgrades (NE Quadrant) - Consideration and/or action
regarding awarding a bid to Holloman Corporation for the Northcliffe Water Plant
Upgrades. (S. Willoughby)
Mayor Baldwin recognized Sam Willoughby, Public Works Director who introduced this
item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tern
Trayhan who moved, seconded by Council Member Scagliola to award the bid to
Holloman Corporation with a base bid of $1,548,000 and an alternate bid of $42,000 to
include the pilaster treatment (4 foot raised concrete panels) with a total amount of
$1,590,000. Vote 3/2/0 with Council Members Wilenchik and Fowler voting no. Motion
Carried
6. Retention Schedule Amendment - Consideration and/or action approving a change to the
City of Schertz Retention schedule filed in 1996 as well as adopting the current Texas State
Library schedule. (E. Boggess/B. Dennis)
Mayor Baldwin recognized Evelyn Boggess, Records Manager who introduced this item
answering questions from Council. Mayor Baldwin recognized Brenda Dennis, City
Secretary who also stated for uniformity and ease of records management she also
recommended the Council adopt the Texas State Library Schedule as well as answered
questions.
Mayor Baldwin recognized Council Member Wilenchik who moved, seconded by Council
Member Carpenter to adopt the Texas State Library schedule with the exception to keep
DVD's or any other recording of meetings for five (5) years after approval of minutes. Vote
was unanimous. Motion Carried
DISCUSSION
9. Political Signs - Discussion and action regarding the recent political signs that were placed
on city property. (T. Wilenchik/J. Bierschwale)
Mayor Baldwin recognized John Bierschwale, Assistant City Manager who introduced this
item. Council Members discussed prior action taken in May of 2006 where it was the
consensus of the Council that the City Policy adopted in 2006 be followed, that no political
signage would be staked in the ground on City property, that candidates would be allowed
to hold, place signage on chairs, or attached to tables. Mayor Baldwin recognized Council
Member Wilenchik who moved seconded by Council Member Scagliola to continue the
policy adopted two years ago; which is not part of the sign ordinance, that no political
signage be staked in the ground on any City property in the City of Schertz, that candidates
would be allowed to hold, place signage on chairs, or attached to tables or vehicles.
During early voting or on Election Day candidates must also comply with the 100 foot
distance marker. Council Member Carpenter wanted to also include direction for removal
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- ,
of illegal signs; first alert the election judge, second staff to remove them. Vote was 4/1/0
with Council Member Fowler voting no. Motion Carried
Mayor Baldwin calledfor a brief recess at 7:50 p.m. Mayor Baldwin called the meeting back to
order at 8:00 p.m.
PUBLIC HEARINGS AND ORDINANCE APPROVAL
7. Sign Standards Ordinance No. 08-S-11 - Conduct a public hearing and consideration
and/or action on approval of final reading of an ordinance amending Ordinance No. 96-S-28
being the Unified Development Code (UDC) of the City by amending Article IX, Sign
Standards. Discussion and Final Reading (T. Rhodes)
Mayor Baldwin recognized Thomas Rhodes, Planning Manager who introduced this item
answering questions from Council. Mayor Baldwin opened the public hearing and
recognized the following citizens:
Frances Rushing, President of Schertz Chamber of Commerce
John McCurry, 17460 IH 35 business owner
Larry Douglass, 1400 FM 1518 business owner
Barbara Mansfield Gonzales, 124 IRA, business owner
Mark Roberts, 1205 Borgfeld Road, business owner
Cindy Ames, Ames All Star Dance
Jody Lopez, Schertz Law Center, business owner
Tim Knights, business owner
Dave Richmond, Planning & Zoning Chair
Robert Brockman, 1000 Elbel Road
There being no one else to speak; Mayor Baldwin closed the public hearing. Mayor
Baldwin recognized each Council Member who stated their opinions/concerns regarding
the sign ordinance. Items of discussion were as follows:
1. Revise Section m.l relating to general sign standards to permit electronic signs as
freestanding or monument signs to be consistent with the City's existing electronic
Sign.
2. Revise Section m.2 relating to maximum sign height to be a maximum of 18 feet to
be consistent with the City's existing electronic sign.
3. Remove Section m. 9 . b) requiring all electronic signs to display public information
at least ten percent (10%) of the time.
4. Revise Section m.9.c) to limit the change of electronic sign copy to be not more
than once every four (4) seconds.
5. Add regulations under section m.9 to prohibit the use of solid white backgrounds
between dawn and dusk as requested by the Police Department to address traffic
safety concerns and specify the time period to be between 30 minutes after sunset
and 30 minutes before sunrise.
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The Council also recommended that Section 1 (L) relating to multi-tenant signage be
referred back to the Planning and Zoning Commission for review and recommendation.
The Planning and Zoning Commission will be reviewing the proposed amendments at their
March 26, 2008 regular meeting.
After considerable discussion Mayor Baldwin recognized Council Member Carpenter who
moved, seconded by Mayor Pro-Tern Trayhan to table this item, bring back clean copy of
the above revisions for approval of Ordinance No. 08-S-0 11, except Section 1 (L) relating
to multi-tenant signage, with Section 1 (L) being approved upon review and
recommendation of approval from the Planning and Zoning Commission. Vote was
unanimous. Motion Carried
Thomas Rhodes, Planning Manager stated the Planning and Zoning Commission will be
considering the proposed revisions to Section 1 (L) at their March 26th meeting and
pursuant to the recommendation from the Planning and Zoning Commission, staff will
provide City Council with the appropriate information at their next regularly scheduled
meeting of April 1,2008.
Reopen Item 6
Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council Member
Carpenter to reopen item #6. Vote was unanimous.
Council Member Wilenchik asked that the other board meeting recordings such as Planning &
Zoning be included in the five year retention as well as the City Councils. Staff came forward
indicating that any City meetings which are recorded on audio or on DVD's would be included in
the revised retention schedule.
Mayor Baldwin recognized Council Member Carpenter who moved seconded by Council Member
Wilenchik to include all City board record recordings i.e., audio, CD's or DVD's. Vote was
unanimous. Motion Carried
ANNOUNCEMENTS - ITEMS BY CITY MANAGER TAYLOR AND STAFF
Mayor Baldwin recognized David Harris, Assistant City Manager who showed on the overhead the
recent publication of the Fiesta Magazine identifying the page which the City of Schertz
sponsored. This was an FYI item only.
BOARDS/COMMISSIONS
8. Appointment/Reappointment to Boards and Commissions/Committees - Consideration
and/or action regarding appointments/reappointments to Boards and
Commission/Committees.
. MaryAnn Mallard - 50th Anniversary Committee
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Mayor Baldwin recognized Don Taylor, City Manager who asked if he could research this
further and bring back a recommendation to Council at the next meeting. Mayor and
Council applauded Mary Ann for her willingness to want to serve and also for all her recent
volunteer activities.
Mayor Baldwin adjourned the Regular Session into Executive Session at 9:44 p.rn.
EXECUTIVE SESSION
Called under Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property.
RECONVENE TO REGULAR SESSION
10. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin reconvened the Regular Session out of Executive Session at 9:51 p.m.
11. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Council
Member Scagliola to approve the sale and purchase contract for the acquisition of one lot in
the Live Oak Hills Subdivision, at a cost of $3,000 with: Jesse J. Segel. Vote was
unanimous. Motion Carried
As there was no further action, Mayor Baldwin adjourned the meeting at 9:52 p.m.
d~
Hal Baldwin, Mayor
ATTEST:
~~c~~
Brenda Dennis, TRMC, CMC City Secretary
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