06-26-2007-Regular
MINUTES
REGULAR SESSION
June 26, 2007
The Schertz City Council convened in Regular Session on Tuesday, June 26, 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 David L. Scagliolia, Councilmembers Jim Fowler, John Trayhan, Tony
Wilenchik. and Councilmember Michael Carpenter. Also present were City Manager Don
Taylor, Assistant City Manager John Bierschwale, Assistant City Manager David Harris,
City Secretary Judy Tokar, City Attorney Michael Spain, George Antuna, Economic
Development Director and Leonard Truitt, Director of Development Services.
#1 CALL TO ORDER.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one and
indivisible. )
#3 PRESENTATION by Dr. Eric Reno, President of Northeast Lakeview College.
Dr. Reno, President of Northeast Lakeview College gave a PowerPoint presentation. He
eXplained the college will be the newest comprehensive college in the nation. The new
college will open its doors in one year with 6,000 to 8,000 students. The Northeast
Partnership has tremendous influence on where it was located and he appreciated all the
support from the community.
#4 HEARING OF RESIDENTS.
Frances Rushing, Chamber president said Colonel Clark is the Grand Marshall for the
4th of July parade, Brent Boller and Brad Bailey are the master of ceremonies. There is a
ribbon cutting for the Schertz Care Car Center on July 7th. She was glad to announce
that Debbie Gildea was hired to man the chamber offices Monday through Friday. Ms.
Rushing is excited about meeting with the Economic Development Director, George
Antuna on coordinating incentives for small businesses.
Raloh Ho!!ue, said originally Pulte Homes was giving the property to the City for
museum and park, now they have decided to build more homes on the lots.
Ben Franco, 613 Rooster Run, said there is a problem with speeders and would like
speed bumps installed.
Steve White, 204 Pfeil Street, commended the City on having a real person answer the
phone instead of automated system.
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236
Ed Hi!!~, 126 River Road, asked the Council to reconsider the islands on Schertz
Parkway and recommend left turn lanes in lieu of median islands.
Pat Ouinn, 509 Schertz Parkway, said he sent a letter to the City regarding the overlay
district and Schertz Parkway expansion project and has not received a response.
#5 PUBLIC HEARING:
The public hearing opened at 7:05 p.m.
A) Hold a public hearing on proposed annexation of 194.56 acre tract of land out of
the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County, Texas and
out of the Carrol M. Gahogan, Jr. Survey Number 25, Abstract 142, Guadalupe
County, Texas located at the southwest corner of Eckert Road and Froboese Road.
(L. Truitt & M. Spain)
Leonard Truitt, Director of Development Services, said the developer is requesting
annexation into the City. The developer is planning to improve Froboese and Eckert
Roads.
No public comment.
B) Hold a public hearing on proposed annexation of 35.874 acres of land out of the
Miles S. Bennett Survey No. 75, Abstract 61, County Block 5057, Bexar County,
Texas located at the terminus of Hillbrook Drive and adjacent to FM 1518
approximately 2,200 feet south of the intersection of FM 1518 and Schaefer Road.
(L. Truitt & M. Spain)
Leonard Truitt, Director of Development Services, said the annexation request is for a
new junior high school on FM 1518 and Schaefer Road.
No public comment.
The public hearing was closed at 7: 10 p.m.
ACTION ITEMS:
#6 MINUTES: Approve minutes for the Regular Meeting of May 15, 2007 and
June 12,2007.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Scagliola, to
approve the minutes of May 15, 2007 with corrections as noted on Page 9, and the
minutes of June 12, 2007. The motion carried 4 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Wilenchik and Carpenter.
NA YES: None.
ABST AINED: Councilmember Trayhan
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#7 ORDINANCE: Discussion and action on final reading of an Ordinance
amending the Unified Development Code (UDC) Ordinance 96-S-28 by
rezoning 186.85+ acres in Guadalupe County, Schertz, Texas from Pre-
Development District (PD) and General Business District (GB) to General
Business District-2 (GB-2); providing an effective date; and providing a
repealing clause. (M. Nichols)
Ordinance No. 07-S-30
An Ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by
rezoning 186.85+ acres in Guadalupe County, Schertz, Texas from Pre-Development
District (PD) and General Business District (GB) to General Business District-2 (GB-2);
providing an effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
approve final reading of an Ordinance amending the Unified Development Code (UDC)
Ordinance 96-S-28 by rezoning 186.85+ acres in Guadalupe County, Schertz, Texas from
Pre-Development District (PD) and General Business District (GB) to General Business
District-2 (GB-2); providing an effective date; and providing a repealing clause. The
motion carried 5 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#8 ORDINANCE: Discussion and action on final reading of an Ordinance by
the City Council of the City of Schertz authorizing adoption of the City of
Schertz Parks, Recreation, and Open Space Master Plan. (G. Douglas)
Ordinance No. 07-M-31
Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik, to
approve final reading of an Ordinance by the City Council of the City of Schertz
authorizing adoption of the City of Schertz Parks, Recreation, and Open Space Master
Plan. The motion carried 5 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#9 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing a professional services City Engineering
arrangement with EDGE Engineering Design Group, and other matters in
connection therewith. (J. Bierschwale & D. Taylor)
Resolution No. 07-R-26
A resolution by the City Council of the City of Schertz authorizing a professional
services City Engineering arrangement with EDGE Engineering Design Group, and other
matters in connection therewith.
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Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik, to
approve a resolution by the City Council of the City of Schertz authorizing a professional
services City Engineering arrangement with EDGE Engineering Design Group, and other
matters in connection therewith. The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#10 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing a professional services City Engineering
arrangement with Don McCrary & Associates and other matters in
connection therewith. (J. Bierschwale & D. Taylor)
Resolution No. 07-R-27
A resolution by the City Council of the City of Schertz authorizing a professional
services City Engineering arrangement with Don McCrary & Associates and other
matters in connection therewith.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve a resolution by the City Council of the City of Schertz authorizing a professional
services City Engineering arrangement with Don McCrary & Associates and other
matters in connection therewith. The motion carried 5 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#11 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing a professional services City Engineering
arrangement with Ford Engineering Incorporation, and other matters in
connection therewith. (J. Bierschwale & D. Taylor)
Resolution No. 07-R-28
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to
approve a resolution by the City Council of the City of Schertz authorizing a professional
services City Engineering arrangement with Ford Engineering Incorporation, adding the
words "planning and zoning projects" in the first paragraph and other matters in
connection therewith. The motion carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#12 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz authorizing the City Manager or his designee to enter into
certain contracts relating to the Schertz IH35 Emergency Services Facility;
and other matters in connection therewith. (L. Truitt)
Resolution No. 07-R-29
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A resolution by the City Council of the City of Schertz authorizing the City Manager or
his designee to enter into certain contracts relating to the Schertz IH35 Emergency
Services Facility; and other matters in connection therewith.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan, to
approve a resolution by the City Council of the City of Schertz authorizing the City
Manager or his designee to enter into certain contracts relating to the Schertz IH35
Emergency Services Facility; and other matters in connection therewith. The motion
carried 5 to 0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#13 Discussion and action on the contract with Schertz Chamber of Commerce to
coordinate, operate and monitor activities related to the Schertz Annual 4th
of July Jubilee. (J. Bierschwale)
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan, to
approve the contract with Schertz Chamber of Commerce to coordinate, operate and
monitor activities related to the Schertz Annual 4th of July Jubilee with corrections. The
motion carried 5 to 0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#14 RESOLUTION: Discussion and action on a resolution by the City Council of
the City of Schertz designating a particular area; particular dates and
particular time for which alcoholic beverages may not be brought into or
removed from Pickrell Park; authorizing extension of park hours;
authorizing extension of noise hours; and authorizing other motorized
vehicles in particular area. (J. Bierschwale)
Resolution No. 07-R-30
A resolution by the City Council of the City of Schertz designating a particular area;
particular dates and particular time for which alcoholic beverages may not be brought
into or removed from Pickrell Park; authorizing extension of park hours; authorizing
extension of noise hours; and authorizing other motorized vehicles in particular area.
Councilmember Carpenter made a motion, seconded by Councilmember Trayhan to
approve A reso lution by the City Council of the City of Schertz designating a particular
area; particular dates and particular time for which alcoholic beverages may not be
brought into or removed from Pickrell Park; authorizing extension of park hours;
authorizing extension of noise hours; and authorizing other motorized vehicles in
particular area with the requested changes. The motion carried 5 to 0 and the vote was as
follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
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240
DISCUSSION ITEMS:
#15 ORDINANCE: Discussion on final reading of an ordinance by the City
Council of the City of Schertz amending the Code of Ordinances of the City
by amending Chapter 34, Health, fonnerly Chapter 7 Y2, Health. (L. Truitt)
Leonard Truitt, Director of Planning Services, said the change to the ordinance requested
by City Council was to remove the City Manager's name from Section 34-22(e) relating
to fee waiver. The action on the ordinance will be at the next meeting.
#16 Discussion and update on Schertz Parkway Expansion Project. (D. McCrary
& P. Ramirez)
Eddie McNew with Don McCrary Engineering said the Schertz Parkway expansion
project was very similar in design as the existing parkway. The lengths of the islands has
been reduced by 40% from the original designs, because of the concerns expressed by
businesses and residents. They tried to address the comments received at the public
meetings on this project. The biggest concern of the businesses and residents along the
project were the islands. Their concerns were hitting the island when exiting from
driveways in the dark. Pat Ramirez, EDGE engineering, said traffic studies revealed
islands help to reduce speeding vehicles, traffic calming and safer for pedestrians when
crossing. The project is from Main Street on Schertz Parkway to Live Oak Road. New
traffic signals are being installed at Elbel Road and Live Oak Road. Two businesses will
require relocating the signs; the apartments and Knight of Columbus. Mr. McNew
reminded Council that no private property is being used only City right-of-way for the
project.
The consensus of the Council was to continue with the design plan submitted by the
engmeenng.
#17 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.087 - Deliberation regarding Economic Development
Negotiations and Sub-section 551.074 regarding Personnel Matters. Deliberation
on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the Municipal Court Judge.
An Executive Session was held from 8: 1 0 p.m. to 11 :30 p.m.
#18 Actions if any, on the subject of the above Executive Session.
Judge Padgett read her letter of resignation, which stated she could no longer subject
herself to stress created not as a result of the job, but as the direct result of politics,
personal agendas and a lack of accountability in the City. She stated, "I find that it is
virtually impossible to administer justice in such an environment, it is with great
consternation that I leave a position that I truly do enjoy and in which I believe that I
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241
have made a difference in the lives of so many of our citizens, but the above reasons
leave me no choice. It is with these words that 1 resign effective immediately."
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
accept Judge Padgett's resignation as stated. The motion carried 5 to 0 and the vote was
as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#19 Items by City Manager Taylor and Staff
General Announcements
No Comment.
#20 Items by Council
General Announcements
Councilmember Fowler
No Comment.
Mayor Pro Tem Scagliola
.
Requested staff resolve the flooding problems in the drainage ditch in Kramer
Farms. (Mr. Harris responded that they are meeting with Pulte Homes about the
flooding)
Asked about the burned out home on Randolph Blvd. and what was being done.
.
Councilmember Trayhan
No Commnet
Councilmember Wilenchik
· Reported on Guadalupe County Commissioners Court
Councilmember Carpenter
No Comment
#21 Items by Mayor
No Comment
#22 ADJOURNMENT.
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242
The meeting adjourned at 11 :40 p.m.
Attest:
(\
}?JiLu, ~
&dy To1{fr, City Secretary
Regular Meeting 06-29-07
f/Z!~L
David L. ~liora, Mayor Pro Tern
243