02-03-09MINUTES
REGULAR MEETING
February 3, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 3, 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 David Scagliola
Councilmember Tony Wilenchik
Councilmember Jim Fowler
Councilmember John Trayhan
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
Mayor Pro-Tem Carpenter was absent.
CALL TO ORDER REGULAR MEETING
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
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.
HEARING OF RESIDENTS
Mayor Baldwin recognized and welcomed Mark Gonzales, Constituent Service
Representative with Congressman Henry Cuellar office who was in the audience.
Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who
announced the following:
Thanked Mayor Baldwin and Councilmember Scagliola for attending the monthly
luncheon, Friday, January 30, 2009.
Mayor Baldwin recognized Carl Douglas, 2550 Woodland Village, who address the
Council on the following concerns:
33 mph non regulatory speed limit signs on Schertz Parkway, is it a necessity
City Charter requirement specifies that Members of the Planning and Zoning
Commission must be owners of property within the City, no other elected official or
other member of the city government is required to be a property owner, only a
resident and from what he can tell it is not a requirement in the state statue and was
wondering why the City had it as a requirement.
• Regarding the savings from the Lower Water Crossing project that was part of the
2006 Bond Election for drainage, would it be possible to spend the remaining on
the Library water reclamation project?
Mayor Baldwin recognized David Richmond, 2921 Bent Tree Drive, who spoke on the
following issues:
• Notice in paper regarding Transportation Commission and issue regarding the
commuter rail program; stated he wanted the city to stay a vital member of this.
• Understaffed issues at the new post office.
• Council consider item on a future agenda to clarify the interpretation of the roll
of the Liaisons.
Mayor Baldwin recognized the following who spoke "against" Agenda Item 5 -
Emergency Gate to Exit only Gate in Berry Creek Subdivision:
o Ed Trayhan, 2800 Hillview Lane
• James Drnek, 2805 Hillview Lane
• William Brown, 2601 Kingsland Circle
Mayor Baldwin recognized Lisa Grimm, 2837 Berry Trace, who spoke "in favor"
of Agenda Item 5.
Mayor Baldwin recognized Robert Brockman, 1000 Elbel Road who spoke
regarding the Trail Riders arriving on Thursday, February 12, 2009 and will set up
at the Pavilion. Mr. Brockman also asked about the trailer that used to be at Fire
Station No. 2. Staff stated that it had been sold at auction.
Discussion and/or Action Items
Mayor Baldwin moved Agenda Item 5 to the beginning, Council concurred.
5. Emergency Gate -Berry Creek Subdivision- Discussion and/or action approving
the recommendation to convert Emergency Gate to Exit Only Gate in Berry Creek
Subdivision. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating this item has been discussed several times at TSAC meetings. The item was
first brought up at the December 4, 2003 meeting. The TSAC Chairman at the
time, Mr. Allen, along with a Berry Creek HOA representative, brought to the
attention of the TSAC board members the increasing difficulty and dangerousness
the Berry Creek residents are experiencing when trying to turn out of the
subdivision onto FM 3009. The Police Chief at the time, Chief Cantrell, suggested
a traffic study be performed.
A traffic study was not performed, and the next time this item came back to TSAC
was at the September 4, 2008 meeting. Berry Creek HOA President Lisa Sidbury
brought this issue to the board members attention again and City Engineer, Larry
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Dublin, recommended that a traffic study be performed on Hillview Lane for seven
days, with the gate being open from Sam - 9pm. Ms. Sidbury said she would have
to meet with her HOA to get the approval to do the traffic study.
Ms. Sidbury returned at the November 6, 2008 meeting and reported that the
majority of the homeowners were interested in converting the gate and to go ahead
with the traffic study. A traffic study was conducted from November 16-22, 2008
and the results were to be discussed at the December 2008 TSAC meeting. A
letter was sent to the Woodland Oaks HOA President, Mr. Will Brown, letting him
know of the traffic study and Woodland Oaks sent back a petition expressing their
concerns and their statement that the emergency gate not be converted.
At the December 2008 meeting, Mr. Dublin briefed the Commission on the results
of the traffic study that showed that 34 cars exited the open gate a day with an
average of four cars per hour. Sam Willoughby suggested that the item be tabled
until the January 2009 meeting so a representative from Woodland Oaks HOA
could be present to hear the discussion.
At the January meeting, the Commission heard from Mr. Dublin again, as well as a
representative from Berry Creek HOA and Mr. Brown, Woodland Oaks HOA
President. After discussion, Mr. Dublin's recommendation was to convert the
emergency gate to an exit gate and to take the item to Council. With a 4-3 vote, the
Commission agreed with Mr. Dublin's recommendation and a motion was made to
take the item to Council. A five-day traffic study was recently performed from
January 16-21, 2009 on Woodland Oaks Drive to monitor the traffic on that road.
Mayor Baldwin recognized Councilmember Trayhan who asked if there was
consideration of placing a stop sign at Mossy Lane if the exit opened. Mr. Dublin
answered "yes" and he would recommend aspeed -limit sign be placed there as
well.
Councilmember's Trayhan, Scagliola, Fowler and Wilenchik stated concerns
regarding Woodland Oaks and Berry Creek HOA'S not talking to each other, Berry
Creek HOA not getting 100% vote of their homeowners for the Gate exit issue.
Councilmembers also expressed concerns that Berry Creek HOA needs to look at
their by-laws and covenants. Councilmembers discussed that when citizens bought
in the subdivision it was on the premise that there was only one-way in and one-
way out and the exit was an emergency exit only.
Item Failed -lack of motion.
1. Ordinance No. 09-S-06 -Public Hearing (continued from January 27, 2009)
regarding the revised Unified Development Code (UDC) comprised of zoning,
subdivision and other related land use regulations by superseding Ordinance No.
96-5-28. (K. Mitchell)
Mayor Baldwin stated that the Public Hearing was be left opened at the January 27, 2009
meeting and recognized Karen Mitchell, Mitchell Planning Group who stated that she has
been incorporating changes and issues given by citizens, staff, and Council and will
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continue to do so until the document is ready to come to Council for first reading. Mayor
Baldwin continued the public hearing and recognized the following citizens who spoke
regarding the revised UDC:
• Carl Douglas, 2550 Woodland Village addressed concerns regarding Section
21.14.6 regarding sidewalks and hike and bike trails subparagraph H states "Hike
and bike trails shall be installed on both sides of all State highways adjacent to the
ROW." He stated from Woodland Oaks Blvd. down to Dimrock the Woodland
Village HOA's concrete fence borders the ROW of 3009. He stated if a decision
were made to put sidewalks on both sides of 3009 would the City be entertaining an
Immanent Domain condemnation to take private property. Ms. Mitchell stated
under the current UDC sidewalks are required which includes state highways. As
she understood it when 3009 came in, sidewalks were not included because of the
safety issues. She stated this it is in the UDC for future developments and would be
included in the platting process and the developer would provide sidewalks and or
hike and bike trails in development on private property and was intended for non
residential not intended to go into anyone's backyard.
• Jan Wilson, 5218 Cabana Drive, addressed the set back issues as well as concerns
on the approval process and the steps.
As no one else spoke, Mayor Baldwin closed the public hearing.
2. Minutes -Discussion and/or action regarding the approval of the minutes of the
Joint Worksession and Regular Meeting of January 27, 2009.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve the minutes of January 27, 2009. Vote was
unanimous. Motion Carried.
3. Ordinance No. 09-D-04 -Discussion and/or action approving Ordinance No. 09-D-
04 -Temporary speed limit reduction on FM 3009, North and Southbound
directions between mile point 4.679 and mile point 4.527 between mile point
23.663 and mile point 23.012. Final Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating there was no change since the first reading. Mayor Baldwin recognized
Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to
approve Ordinance No. 09-D-04 final reading with correction to change from 2008
to 2009. Vote was unanimous. Motion Carried.
4. Ordinance No. 09-D-OS -Discussion and/or action approving Ordinance No. 09-
D-OS amending Section 86-89 Traffic Light Locations on Schertz Parkway. Final
Reading (L. Dublin)
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Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating there was no change since the first reading. Mayor Baldwin recognized
Councilmember Wilenchik who moved, seconded by Councilmember Fowler to
approve Ordinance No. 09-D-OS final reading. Vote was unanimous. Motioiz
Carried.
6. Resolution No. 09-R-OS - Discussion and/or action regarding approval of
Resolution No. 09-R--OS authorizing a purchase and sale contract with Cibolo
Farm, LLC, and other matters in connection. (J. French)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating the City has previously negotiated and approved the purchase of the Cibolo
Farm, LLC property that is involved in the Upper West Dietz Creek Drainage
Project. The Public Works Department has agreed to certain modifications to such
purchase. The agreement is to include $67,000 as the purchase price for the
Property, $5,000 (maximum) to plant trees along the new property line of seller
adjacent to he property and $50 for the unrestricted right for Schertz to terminate
the Contract any time prior to closing, Mr. Dublin stated the total fiscal impact cost
is $72,050.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 09-R-O5. Vote was unanimous
Motion Carried.
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Fowler who asked if staff could bring
an item to Council regarding the possibility of building firebreaks within the City
due to the extreme dryness specifically in the North Cliff area, Councilmembers
concurred.
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No information requested.
9. 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
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Mayor Baldwin stated he and members of staff attended a meeting today with
Gonzales County Water District and the Schertz Sequin Local Government
Corporation Board of Directors; the discussion was to get some action started on
the four permits they asked the Water District to approve. Mayor stated that these
were in limbo until a lawsuit from SAWS was settled.
10. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
• Upcoming City Council agenda items
Mayor Baldwin recognized City Manager Don Taylor who announced that the
Planning and Zoning Commission, Board of Adjustments Members and staff would
be attending an APA Training Conference in El Paso this Wednesday through
Saturday.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned t e meeting at 7:47 p.m.
<~,~
Hal Baldwin, Mayor
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
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