07-17-2007-Regular Meeting
MINUTES
REGULAR SESSION
JULY 17,2007
The Schertz City Council convened in Regular Session on Tuesday, July 17, 2007at 6:34
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. Scagliola, and Councilmembers Jim Fowler, John Trayhan,
Tony Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor,
Assistant City Manager John Bierschwale, Leonard Truitt, City Attorney Michael Spain,
and Deputy City Secretary Mary Ybarra.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:34 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushine., Schertz Chamber President, reported the July Network Connection
hosted by lBC is scheduled for Thursday, July 26th from 5:30 to 7:30 p.m. The Chamber
business luncheon is Friday, July 2th at 11 :30 a.m. at the Schertz Civic Center. The
Chamber coins finally arrived and she presented each Councilmember with a coin.
Robert Brockman.. 1000 Elhel, said he was happy to see the sign was taken down at the
future site of the City Library; it was an eye sore. Referring to item #10 of the agenda, he
believes it was determined that if a month had five Tuesdays, Council agreed to schedule
a joint meeting with the Planning and Zoning Commission on the fifth Tuesday.
Johnie McDow. 5501 Legacy Oaks, gave an update on BVY A's Baseball season. He
reported on the number of children participating in baseball and T -Ball, as well as those
participating in Regional and District Tournaments. He is working on possibly having the
City Schertz host Pony Baseball. He took the opportunity to thank the parents, (some
logging 3,000 hours of their time) and EMS for their support and help.
Council commended Mr. McDow for this support and work in athletic participation
throughout the City. The City appreciates his many years of commitment.
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#4 PUBLIC HEARING:
A) Hold a public hearing on a request to rezone 4.105:!: acres out of the
Malpaz League Survey and Division NO.2-of Survey No. 67 in Section
No. 3 and Part of the Otto mar L. Dietz et el 250 acre tract, Guadalupe
County, Texas from Single-Family Residential-l District (R-l) to General
Business District (GB). The property is generally located at the northeast
corner of FM 3009 and Patrick Henry. (Applicant/Representative: David
Montelongo, Montelongo Developments LLC) (C. Gabbard).
The public hearing was cancelled due to the applicant withdrawing the request.
ACTION ITEMS:
#5 Approve minutes of City Council and Planning and Zoning Commission
Joint Session on May 29, 2007.
Councilmember Fowler made a motion, seconded by Councilmember Trayhan, to
approve the minutes of May 29, 2007. The motion carried 5-0 and the vote was as
follows:
AYES: Mayor Pro-Tern Scagliola, Councilmembers Fowler, Trayhan, Wilenchik, and
Carpenter.
NA YES: None.
#6 RESOLUTION: Discussion and action on Resolution by the City Council of
the City of Schertz, Texas opposing the utilization of public funds to purchase
equipment for a private company. (T. Wilenchik).
Councilmember Wilenchik said the expenditure is to purchase a backup generator for
Seguin Radio Station KWED. The County is deliberating the expenditure of $4,000, and
is waiting for an Attorney General's opinion on the validity of the expenditure. The radio
station's position is that the station broadcasts disaster and emergency conditions to the
Guadalupe County area, which is considered a public service. He reported that
Commissioners Court voted on the issue with a vote of 4 to 1, with Commissioner
Wolverton opposing. Councilmember Wilenchik added that after receiving feedback on
the matter, he believes the decision should come from the Court, and recommends no
action on the matter. However, we could pass on to Commissioner Wolverton each
Councilmember's individual reservations, letting him present those opinions to the Court.
Even though he asked for this item to be placed on the agenda for consideration, he
recommends no action.
Mayor Pro- Tern Scagliola stated that he would like to pass on his support to
Commissioner Wolverton opposition to the expenditure of $4,000 for a backup generator
for radio station.
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At this time, Mayor Baldwin called for a motion on the item, which died for lack of a
motion.
#7 Discussion and action on a request from Buffalo Valley Youth Association
(BVY A) to purchase additional bleachers. (D. Taylor/J. McDow)
City Manager Taylor stated he is recommending approval on purchasing additional
bleachers. The money is available out of HoteVMotel Tax, and the bleachers fall under
the guidelines that allow this type of expenditure.
Councilmember Carpenter stated that he is a big supporter of BVY A. However this time
he cannot be a supporter. He finds it difficult to spend money when there are several
thousand children wanting to participate in soccer and there are no soccer fields.
Councilmember Trayhan made a motion, seconded by Councilmember Fowler, to
approve the request from Buffalo Valley Youth Association (BVY A) to purchase
additional bleachers. The motion carried 4-1 and the vote was as follows:
AYES: Mayor Pro-Tern Scagliola, Councilmembers Fowler, Trayhan, and Wilenchik.
NA YES: Councilmember Carpenter.
DISCUSSION ITEMS:
#8 Discussion on ordinance on proposed annexation of 194.56 acres tract of land
out of the John Noyes Sunrey 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)
Leonard Truitt reported no changes to the ordinance. City Attorney Michael Spain
provided details on the annexation process (which include an effective date of August 1,
2007), noted that the City is unable to collect taxes until next year, and eXplained the
need for a report that would have to be sent to the Justice Department. He added that,
before final approval, service plans are need for both annexations. The future plan for the
proposed annexation acreage is residential.
Council will be ready to consider first reading at the meeting of July 24th.
#9 Discussion on ordinance 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)
Leonard Truitt reported no changes to the proposed annexation ordinance. Plan for the
annexation acreage is for a proposed junior high school. City Attorney, Michael Spain
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eXplained in detail the annexation process and added that the City would need to pass a
resolution on its current population. He would like to see this item on Council's next
agenda.
Councilmember Wilenchik requested clarification on impact fees if we annex prior to
September 1 st. Staff advised that we would not collect impacts on wastewater, but would
collect all other impact fees.
Council would be ready to consider the ordinance at next Tuesday's meeting.
#10 Discuss meeting options for August 7th Council meeting, which coincides with
National Night Out.
Discussions followed on several options regarding Council's participate in National
Night Out. It was pointed out that it would be an opportunity for Council to spend time
and be more involved with residents. Council could go as a group or pair up in twos. An
agenda could be posted with detailed information as to where Council is scheduled to be
at certain times. Council would like to follow the Fire Department schedule this year and
possibly rotate next year to different locations throughout the City. City Manager, Taylor
stated he would provide Council with the Fire Department schedule in order to set-up a
time line. It was Council's consensus to place this item on the next agenda to consider the
matter.
#11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072- Deliberation regarding Real Estate.
An Executive Session was held from 7:13 p.m. to 7:44 p.m.
#12 RESOLUTION: Discussion and action on a Resolution by the City Council of
the City of Schertz, Texas authorizing a first amendment to development agreement
relating to Schwab Road; and other related matters in connection therewith.
RESOLUTION NO. 07-R-31
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT RELATING TO SCHWAB ROAD; AND
OTHE R MATTERS IN CONNECTION THEREWITH.
Councilmember Trayhan made a motion, seconded by Mayor Pro-Tern Scagliola, to
approve a resolution authorizing a first amendment to the development agreement
relating to Schwab Road; and other related matters in connection therewith. The motion
carried 5-0 and the vote was as follows:
A YES: Mayor Pro-Tern Scagliola, Councilmembers Fowler, Trayhan, Wilenchik and
Carpenter.
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NA YES: None.
#13 Items by City Manager Taylor and Staff
General Announcements
· Reported that there will be an increase of water rates of approximately 23 cents to
meet the financial requirements of Schertz/Seguin Local Government
Corporation.
#14 Items by Council
General Announcements
Councilmember Fowler
· Reported that a check from Armadillo Homes would be presented to Mayor
Baldwin in the amount of$25,000 for the "Friends of the North Schertz Parks'.
Mayor Pro-tem Scagliola
· Reminded Council that a decision had been previously reached affirming that the
sth Tuesday of a month would be designated as a joint meeting with Planning and
Zoning.
Councilmember Trayhan
· Had no comments.
Councilmember Wilenchik
· Had no comments.
Councilmember Carpenter
· Referred to a barrier on jogging trail, with lettering of "SA WS".
· lnquired about shorten bike trail at Savannah intersection, and asked the status?
#15 Items by Mayor
· Referring to the article in "Money Magazine" that the City of Schertz is one of the
best places to live in Texas and is rated 40th in the nation, he would like to
commend past/present managers, as well as a super staff that have made it
possible.
· The Historical Committee is schedule to meet on Tuesday at 6:30 p.m., in the Bob
Andrews Conference Room.
· The Schertz/Seguin Local Government Corporation will meet in Schertz this
Thursday in the Council Chambers Conference Room.
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· Park and Recreation applicants will be interviewed next Wednesday. He asked
that applicants be contacted.
#16 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 7:55 p.m.
ATTEST:
yYJ~ ~hU
De~~ Cit Se etary, CIty of Schertz
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