05-19-09MINUTES
REGULAR MEETING
May 19, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
May 19, 2009 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 Tony Wilenchik
Staff Present: City Manager Don Taylor
Assistant City Manager John Bierschwale
Deputy City Secretary Mary Ybarra
Councilmember John Trayhan was absent.
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem Michael Carpenter
Councilmember David Scagliola
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.
Councilmember Fowler gave Invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
PRESENTATION
• Proclamation for Emergency Medical Services Week (Mayor)
Mayor Baldwin read and presented the proclamation to Emergency Medical
Services Captains Toni Bradford and Matt Troncosco, and a group of EMS
personnel.
• Proclamation for Public Works Week (Mayor)
Mayor Baldwin read and presented the proclamation to Public Works Director Sam
Willoughby, and a group of Public Works personnel.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
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• Eric Vidal, 23129 IH -35 representing the New Beginning Christen Center who
spoke on newly acquired property on IH -35 (Church facility and land) behind the
rest stop on IH -35. He is requesting the City waive impact fee of $40,000. Impact
fees are State law and Cities cannot waive these fees stated City Manager Taylor.
City Attorney Michael Spain recommends Mr. Vidal meet with the City Manager
on the matter and determine whether to place the issue on a future agenda for
discussion.
• Chris Gomez, 23129 IH -35 who stated that he resides on the property and that
residents are being told, not asked, to vacant by July 1, 2009. He does not want to
leave; is there anything he can do. The City of Schertz and Comal County Health
Department determined the facility did not meet health code compliance, stated
City Manager Taylor. Mr. Taylor will meet with Mr. Vidal and Mr. Gomez and
provide information.
Discussion and /or Action Items
1. Main Street and FM 78 Reinvestment Update — PowerPoint presentation and
discussion and /or action regarding update on strategy for Main Street and FM 78
Reinvestment Zone. (G. Antuna/J. Jewell)
Mayor Baldwin recognized Economic Development Director George Antuna, and
Assistant Director Jeff Jewell who introduced the item providing a PowerPoint
presentation (update) on a conceptual master plan for Main Street and FM 78 areas
and answering questions from Council.
2. Minutes — Discussion and /or action regarding the approval of the minutes of the
May 12, 2009 regular meeting.
Mayor Baldwin recognized Mayor Pro -Tern Carpenter who moved, seconded by
Councilmember Fowler to approve the minutes of the regular meeting of May 12,
2009. Vote was unanimous. Motion Carried.
3. Ordinance No. 09 -F -17 — Consideration and /or action approving first reading of
Ordinance No. 09 -F -17 replacing Section 90 -119. and Section 90 -120 of the City of
Schertz Code of Ordinances — Amending and Replacing the Drought Contingency
Plan. First Reading (J. Hooks)
Mayor Baldwin recognized Pubic Works Superintendent Jimmy Hooks, who
introduced this item stating that the ordinance would set the City's Conservation
Plan and the Drought Contingency Plan in motion and approve submission to the
Texas Water Development Board in a timely manner before the deadline of May
30, 2009, and answered questions from Council.
City Attorney Michael Spain stated that the caption of the Ordinance should
include, "and making conforming changes to the Code of Ordinances." The
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statement should be included as part of the motion this evening. Correction will be
done at final reading.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 09 -F -17 to include the change
to caption as stated above. First Reading. Vote was unanimous. Motion Carried.
4. Resolution No. 09 -R -27 - Consideration and /or action approving a resolution
authorizing the adoption of a revised City of Schertz Investment Policy. (R.
Galindo)
Mayor Baldwin recognized Finance Director Juan Santoya and Finanical Analyst
Robert Galindo, who introduced this item stating that the Investment Advisory
Committee recommends changing the average maturity period to 4.5 years;
recommends changing the composition of the Committee to; City Manager (chair),
both Assistant City Managers, Mayor, Finance Director, Financial Analyst, and one
member of the City Council.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Mayor Pro -Tern Carpenter to approve Resolution No. 09 -R -27 adopting the Schertz
Investment Policy. Vote was unanimous. Motion Carried.
5. Speed limit on FM 3009 to 45 mph — Consideration and /or action supporting
TxDOT's petition to amend the speed limit on FM 3009 to 45mph (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin, who introduced this item
stating that the action would support a decrease to the current speed limit of 50 mph
to 45 mph from Live Oak Road to Wiederstein Road. TXDOT is requesting the
City's support after receiving a petition from Berry Creek subdivision residents.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Wilenchik to approve supporting TXDOT's petition. Vote was
unanimous. Motion Carried.
6. Resolution No. 09 -R -28 — Consideration and /or action approving a resolution
authorizing a transfer to the City from the City of Schertz Economic Development
Corporation of funds for the new City Library. First Reading (G. Antuna/J. Jewell)
Mayor Baldwin recognized Economic Development Director George Antuna and
Assistant Director Jeff Jewell, who introduced this item stating the allocation of
$150,000 for construction costs and improvements to the new library was approved
by the EDC board at their meeting of May 13, 2009, and answered questions from
Council.
City Attorney Michael Spain explained that under state statute, the resolution must
go through two readings; he further stated that the approval this evening is not for
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the new library per se; approval this evening is for a $150,000 project. This is a one
time payment by the EDC in three installments; first payment shortly after final
reading; second payment, October 1, 2009 and final payment; October 1, 2010.
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by
Councilmember Scagliola to approve Resolution No. 09 -R -28 First Reading. Vote
was unanimous. Motion Carried
Mayor Baldwin recessed into executive session at 7:40 p.m.
EXECUTIVE SESSION
Called under Section 551.071 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 and City
Secretary.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 8:43 p.m.
7. Take any additional action deemed necessary as a result of the Executive Session.
No action necessary
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Carpenter who requested that the Hal Baldwin
Scholarship be placed on the next agenda for possible action. Council concurred.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests were noted.
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
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Mayor Baldwin recognized the following:
Councilmember Scagliola thanked Chief Starr for coordinating the Police
Department ceremony, Wednesday, May 13, 2009 recognizing fallen officers
throughout the State of Texas. He thanked EDC for a wonderful evening at the
Business Appreciation Dinner, Friday, May 15, 2009.
Mayor Baldwin mentioned receiving a call from Congressman Smith's Office,
informing him that the City's request for zip code designation to those areas not
under the 78154 zip code would not be moved, it would not happen.
City Attorney Michael Spain stated that there is another possibility and preparation
is underway to contact the U.S. Postal Commission (governing board) and request
their assistance.
11. Announcements by City Manager
• Recognition of City employee actions
• New Department Initiatives
Mayor Baldwin recognized City Manager Taylor who reported that two City of
Schertz businesses have plans for expansion in the near future and will be hiring.
These businesses are very positive that the economy is turning around.
Mayor Baldwin recognized Assistant City Manager Bierschwale who reminded
everyone of the Schertz /Seguin Local Government Corporation meeting, Thursday,
May 21, 2009.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned e meeting at 8:53 p.m.
Hal Baldwin, Mayor
ATTEST:
77� alalm�
Mary Yba a, r&uty City Secretary
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