05-15-2007-Regular
MINUTES
REGULAR SESSION
MAY 15,2007
The Schertz City Council convened in Regular Session on Tuesday, May 15, at 6:30 p.m.
in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4,
Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliolia, Reginna Agee
Michael Carpenter, and Tony Wilenchik. Also present were City Manager Don Taylor,
Assistant City Managers John Bierschwale and David Harris, City Secretary Judy Tokar,
City Attorney Michael Spain, and George Antunna, Economic Development Director.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Both pledges were recited.
#3 ADMINISTER THE OATH OF OFFICE TO, AND SWEARING-IN
CEREMONY OF, ELECTED OFFICIALS.
Mayor Baldwin gave the oath of office and installed Dr. John Trayhan, Place 3, Michael
Carpenter, Place 4 and Tony Wilenchik, Place 5.
#4 PROCLAMATION: National Public Works Week.
Mayor Baldwin read the proclamation and presented it to Public Works Department.
#5 PRESENTATION OF TEEN COURT SCHOLARSHIPS.
Mayor Baldwin, Judge Padgett and Samuel Clemens High School Law Enforcement
Teacher Lisa Reed presented $1,000 Scholarships to three Samuel Clemens High School
students. They were Joshua Clem, Daryl Noegel and Sean Fluggee.
#6 HEARING OF RESIDENTS.
Frances Rushin&, Chamber of Commerce President, announced the following events;
monthly Chamber luncheon - May 25th and a ribbon cutting on May 31 st for Bucket
Brigade.
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Carl Doul!las. recommend that any decisions on financial support to the Schertz
Chamber of Commerce be delayed until after the Economic Development Corporation's
meeting on May 24th when the Chamber will be giving them details on fmancial support.
#6 PUBLIC HEARINGS:
Mayor Baldwin reconvened the public hearing at 6:45 p.m.
A) Reconvene the public hearing upon a request to zone 5.534+ acres from Pre-
Development (PD) to Manufacturing District Light (M-l). The tract is situated
out of the Calvin P. Abbott Survey No. 262, Abstract No. 18, Comal County,
Schertz, Texas. The property is located approximately 951 feet east of the
intersection of FM 2252 on FM 482. Applicant: Travis Payne, Travis Payne
Family Partnership, Ltd.
Misty Nichols, Planner I, stated there was nothing new to report but the public hearing
was recessed last meeting due to an error on the agenda.
B) ORDINANCE: Discussion and action on fmal reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
rezoning 5.534+ acres out of Calvin B. Abbott Survey No. 262, Abstract No.
18, in Comal County, Schertz, Texas from Pre-Development District (PD) to
Manufacturing District-Light (M-l); providing an effective date; and
providing a repealing clause. (M. Nichols)
Ordinance 07-S-24
An ordinance amending the Unified Development Code (UDC) Ordinance 96-
S-28 by rezoning 5.534+ acres out of Calvin B. Abbott Survey No. 262,
Abstract No. 18, in Comal County, Schertz, Texas from Pre-Development
District (PD) to Manufacturing District-Light (M-l); providing an effective
date; and providing a repealing clause.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
approve the fmal reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96-S-28 by rezoning 5.534+ acres out of Calvin B. Abbott Survey No.
262, Abstract No. 18, in Comal County, Schertz, Texas from Pre-Development District
(PD) to Manufacturing District-Light (M-l); providing an effective date; and providing a
repealing clause. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
ACTION ITEMS:
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#8 Discussion and action to appoint members to the Park and Recreation
Advisory Board. (G. Douglas)
Gail Douglas, Community Service Director, said the board was created with four
positions with one-year terms, and they need to be reappointed. One of the members did
not wish to serve another term and recommended Sally Macias to full that position.
Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik, to re-
appoint Debbie Roberts, Wendy Swan and Glen Berquist and appoint Sally Macias to the
Park and Recreation Advisory Board for one-year terms. The motion carried 5-0 and the
vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#9 ORDINANCE: Discussion and action on final reading of an ordinance
providing for certain land transfers, including the release of certain land
from the extraterritorial jurisdiction of the City of Schertz to the
extraterritorial jurisdiction of the City of New Braunfels, Texas, and the
acceptance of certain land from New Braunfels into the extraterritorial
jurisdiction of the City of Schertz, and related matters. (M. Spain)
Ordinance No. 07-J-23
An ordinance providing for certain land transfers, including the release of certain
land from the extraterritorial jurisdiction of the City of Schertz to the
extraterritorial jurisdiction of the City of New Braunfels, Texas, and the
acceptance of certain land from New Braunfels into the extraterritorial jurisdiction
of the City of Schertz, and related matters.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve an ordinance providing for certain land transfers, including the release of certain
land from the extraterritorial jurisdiction of the City of Schertz to the extraterritorial
jurisdiction of the City of New Braunfels, Texas, and the acceptance of certain land from
New Braunfels into the extraterritorial jurisdiction of the City of Schertz, and related
matters. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#10 Discussion and action on mid-year budget adjustments to all FY 2006-07
funds. (D. Harris)
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David Harris, Asst. City Manger, said the proposed mid-year budget adjustments are for
the General Fund, EMS, Economic Development Corporation 4B, and Capital Recovery
Fund. Mr. Harris recommended to include the funds for the Schertz Chamber of
Commerce, if approved.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve the mid-year budget adjustments to all FY 2006-07 funds. The motion carried 5-
o and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#11 Discussion and action on an amendment to the City of Schertz Personnel
Manual Bereavement Policy. (D. Dykes)
Donna Dykes, Human Resource Director, said the change to the policy was the expanded
defmition of the family, and stating that bereavement leave shall be charged to the
employee's accrued paid sick leave or accrued paid vacation leave.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve the amendment to the Personnel Manual Bereavement Policy. The motion
carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#12 Discussion and action on bid award for the Emergency Response Center
Station #2. (L. Truitt)
Leonard Truitt, Planning Director, said the bids came in over budget and it is his
recommendation that the bids be denied and the City serve as their own general
contractor. Staff feels that the project can be built for approximately $820,000.00 by
making changes to the material specifications, and saving on contractor fees. The project
should be completed within the same time schedule.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler, to deny
the bids from The GRP Group and EIB Contractors. The motion carried 5-0 and the vote
was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#13 RESOLUTION: Discussion and action on a resolution authorizing an
agreement with the Schertz Chamber of Commerce relating to the financial
support of economic development activities; and other matters in connection
therewith. (J. Bierschwale & Councilmember Wilenchik)
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John Bierschwale, Asst. City Manager, said that allowing the Schertz Chamber of
Commerce to plan the July 4th Jubilee will free up employees during working hours and
eliminate a lot of overtime expense. The Police and Public Works departments' overtime
expense is approximately $4,300.00 just for the 4th of July event. This does not include
the Police Department traffic control for the parade. The Chamber is asking for the
following funding: $13,472.00 for 4th of July Jubilee, $9,648.00 for Hosted Chamber and
Visitors Center/Replacement labor for Jubilee, $800.00 for Chamber/City Coins,
$12,000.00 for City Business Directory, $1,100.00 for Welcome Packet postage only and
$3,000.00 for City Float (Public Relations) for a total of $40,020.00.
Resolution 07-R-19
A resolution authorizing an agreement with the Schertz Chamber of Commerce relating
to the fmancial support of economic development activities; and other matters in
connection therewith.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tem Fowler, to
approve a resolution authorizing an agreement with the Schertz Chamber of Commerce
relating to the fmancial support of economic development activities; and other matters in
connection therewith. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#14 Discussion and possible action on Council member liaison assignments.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter, to
appoint Councilmember Trayhan as member of the audit committee and liaison to the
Schertz Housing Authority. The motion carried 4 to 0 and the vote was as follows:
AYES: Councilmember Fowler, Scagliola, Wilenchik and Carpenter
ABST AIN: Councilmember Trayhan
NA YES: None.
DISCUSSION ITEMS:
#15 Presentation and discussion on the Parks Master Plan. (Brent Luck - Land
Design Partners)
Brent Luck of Land Design Partners said the City developed and distributed a parks
survey to identify park needs and priorities. The design team then met with the City staff
to establish the overall goals and objectives. The design team then conducted a physical
inventory of the entire park system for the City. This inventory included acreage
identification, park classification, and existing facilities located in the individual parks.
Upon conclusion of this inventory, acreage and facility standards were developed with
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the Parks and Recreation Board to guide the City on the future planning and
development. Based on the standard developed based on the existing park inventory,
acreage and facility guidelines were developed for projected population bases for years of
2010 and 2015.
Mayor Baldwin commented that if the City wants more parks in new developments,
increasing parkland fees would substantially force the developer to put in parks instead of
paying the fee.
Mr. Taylor, City Manager, said he feels the only way the park plan can be promoted
successfully is by establishing strong citizen groups and a Parks Committee to go the
Homeowners Associations and citizens to sell the quality parks that are needed. In his
experience, that is the way other cities have gotten the parks that best serve their
communities.
Mayor Baldwin announced that the Parks and Recreation Board had reviewed the park
plan and recommend adoption.
#16 Presentation and discussion on the proposed Public Improvement District in
the City's Extraterritorial Jurisdiction; by Earl & Associates.
Juan Gonzalez with Earl & Associates made a presentation updating the Council on the
proposed Public Improvement District for a housing development currently located in the
City's extraterritorial jurisdiction. The estimated start date for the development is next
year.
#17 Discussion on adopting a Sister City program. (Councilmember Carpenter)
Since Councilmember Carpenter was not at the meeting when the presentation was given,
he asked to continue with the discussion.
Councilmember Wilenchik said there is some confusion with the family regarding which
city in France or Switzerland the family actually came from.
Mayor Baldwin said he would discuss this with the Historical Committee at the next
meeting with the Schertz family.
#18 ORDINANCE: Discussion on fmal reading of an ordinance amending the
Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 3.68+ acres
out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres out of the
James W. Gray Survey, Abstract No. 144, Guadalupe County, Schertz, Texas
from Pre-Development (PD) to Office and Professional (OP); providing an
effective date; and providing a repealing clause. (c. Gabbard)
There is no change; ready for action at the next meeting.
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#19 ORDINANCE: Discussion on final reading of an ordinance amending the
Unified Development Code (UDC) Ordinance 96-S-28 by granting a specific use
permit for 0.578+ acres out of the Genobera Malpaz Survey No, 67, Abstract No.
221, Guadalupe County, Schertz, Texas for Commercial Use in the Air
Installation Compatible Use Zone (AICUZ), (APZ-l); providing an effective date;
and providing a repealing clause. (M. Nichols)
There is no change; ready for action at the next meeting.
Mayor Pro Tem Fowler noted that at the last meeting the developer said he would
provide the funds for the park at the back of the property.
#20 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.087 regarding Economic Development negotiations.
Mayor Baldwin called the executive session to order at 8:40 p.m. until 9:5 p.m.
#21 Action, ifany, on the subject of the above Executive Session.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
reject all bids for the Schwab Road reconstruction project and allow staff to re-bid with
new design specifications. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter
NA YES: None.
#22 Items by City Manager Taylor and Staff
General Announcements
· Mr. Taylor will out of the town on vacation the week of May 21st.
· Mr. Harris, Asst City Manager and Mr. Antuna, Economic Development
Director will be in Las Vegas for the International Council of Shopping Centers.
· The City email system will be down for about 3 hours on Wednesday evening.
· Mr. Bierschwale, Asst. City Manger, reminded Council of the regular meeting
of Schertz Seguin Local Government Corporation and the special meeting in
City of Seguin on contract negotiations with Crockett Camp.
· Reminded Council of the Police Department Memorial Ceremony on May 21st.
#23 Items by Council
General Announcements
Mayor Pro Tem Fowler
· Said Mr. Truitt was working on a new process for platting.
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Councilmember Scagliola
· Suggested a letter of congratulations be sent to the new Cibolo Mayor, and he
hoped for a continued spirit of cooperation.
· Asked if consideration has been given to xeriscape landscaping in the Schertz
Parkway expansion.
· He plans to set a new running record for the age 50 and younger at the Doggie
Dash on Saturday.
Councilmember Trayhan
· Thanked Reginna Agee for her 8 year of service to the City of Schertz and said
he appreciated working with her. He also congratulated the two newly installed
Councilmembers and looked forward to working with staff. He thanked the
citizens for allowing him to serve again.
Councilmember Wilenchik
· Welcomed Mr. Trayhan back on the Council and congratulated Reginna Agee
and Ken Greenwald on their election to the Cibolo Creek Municipal Authority
Board.
· Said he was getting fantastic support from the city staff and announced the
events for the Doggie Dash.
Councilmember Carpenter
· He will be out of town next week.
· Attended the last meeting until Fall for the Schertz Youth Commission and
invited Mayor and City Council to the ice skating party and dinner.
#24 Items by Mayor
· He won't be at the next meeting because of Mrs. Baldwin's surgery.
#25 ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
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ATTEST:
J~~Ci~
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