11-20-2007
MINUTES
REGULAR SESSION
NOVEMBER 20, 2007
The Schertz City Council convened in Regular Session on Tuesday, November 20,2007,
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 Scagliola, and Councilmembers Jim Fowler, John
Trayhan, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don
Taylor, Assistant City Manager John Bierschwale, City Attorney Michael Spain and
Interim City Secretary Mary Ybarra.
#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 (Honor the Texas flag; I pledge allegiance to thee, Texas, one state
under God, one and indivisible.)
Both pledges were recited.
#3 HEARING OF RESIDENTS.
Frances Rushing, President of the Schertz Chamber of Commerce:
. Reminded everyone of the Nov 30 luncheon. Shirley Bennett, CPA, will speak
about Tax Laws
. Lowes has joined the Chamber, grand opening will be Dec 20th and they will
ask the Commissioners Court to attend the opening
. Festival of Angels is working well. The Chamber appreciates the help from
Gail Douglas and George Logan as well as Steve White
. Chamber offices closed for Thanksgiving on November 22nd and 23rd
Steve Layton, Item #12 PUD
. Watershed issues related to Lower Seguin Road and the new school and a $7.5
mil (Bexar County) project going in. He is hoping that the developers take
water sheeting and runoff issues into consideration.
#4 Items by Council.
Mayor Pro-Tern Scagliola
. Festival of Angels banners look wonderful.
. Thanked Mr. Willoughby and Mr. Little for handling sidewalk problems in his
Neighborhood. They did a great job.
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Councilrnernber Fowler:
. He was late to the meeting last week because he was at a Fulbright and
Jaworski seminar where he had a discussion about a Public Private Project
(PPP) arrangement for funding projects. It is most likely to take place in
small cities.
Councilrnernber Trayhan:
. None
Councilrnernber Wilenchik:
. No Commissioners Court, no comments.
Councilrnernber Carpenter:
. He attended the Youth Commission meeting and it is always interesting
. As Liaison to 50th he researched historical records about Mayor and Council
Members and found some interesting information.
#5 Items by Mayor
. None
#6 PUBLIC HEARING: A public hearing to consider a request for a Specific
Use Permit for Lot 1, Block 1, in the Texas Tack and Trailer Subdivision.
The purposed use is for a heavy equipment rental and sales establishment in
the General Business District (GB). The 5.00::!:: acres is located at 22345 IH-35
North. (c. Gabbard)
Mr. Thomas Rhodes introduced the item prior to the public hearing and gave a
background on the item. Mr. Eric Clements from Baker Corporation also offered some
additional information about the wash rack and its relation to the septic system.
Mayor Baldwin opened the Public Hearing at 6:52 P.M. for comment.
Mr. Robert Brockman asked if Schertz was going to run a sewer to the property and if
that would require a Special Use Permit.
The Public Hearing was closed at 6:58 P.M.
ACTION ITEMS:
#7 ORDINANCE: Discussion and action on first reading of an ordinance
approving a request for a Specific Use Permit for Lot 1, Block 1, in the Texas
Tack and Trailer Subdivision. (c. Gabbard)
A motion was made by Councilmember Fowler suggesting that a sentence be added at the
end of Section One, reading: "Subject to installation and utilization by the owner of the
self-contained recycling wash rack not connected to the septic or sewer facility." The
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motion was seconded by Mayor Pro Tern Scagliola. The motion carried 5-0 and the vote
was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None
A motion was made by Councilmember Carpenter, and seconded by Councilmember,
Trayhan to approve the first reading of an ordinance as amended on a request for a
Specific Use Permit for Lot 1, Block 1, in the Texas Tack and Trailer Subdivision. The
motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#8 MINUTES: Approval of minutes, Regular Session Meeting November 13,
2007.
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to approve the minutes of the regular session meeting of November 13, 2007,
with corrections. The motion carried 5-0 and the vote was as follows:
A YES: Council members Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#9 RESOLUTION: Discussion and action on a resolution by City Council of the
City of Schertz, Texas to cast votes to elect directors for the Guadalupe
Appraisal District for the 2008-2009 term. (H. Baldwin)
RESOLUTION NO. 07-R-50
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS TO CAST VOTES TO ELECT DIRECTORS
FOR THE GUADALUPE APPRAISAL DISTRICT FOR THE 2008-
2009 TERM.
The motion was made by Councilmember Wilenchik, and seconded by Councilmember
Trayhan, to approve a resolution by City Council of the City of Schertz, Texas to cast 241
votes to Sylvia Schlather; and 1 vote each for all other candidates to elect directors for the
Guadalupe Appraisal District for the 2008-2009 term. The motion carried 5-0 and the
vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
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#10 CONTRACT: Discussion and action on sale and purchase contract for Lot
2, Block 30 Addition, Live Oak Hills. (8. Gildea)
The motion was made by Councilmember Scagliola, and seconded by Councilmember
Trayhan, to approve the sale and purchase contract for Lot 2, block 30 Addition, Live
Oak Hills in the amount of $3,000. The motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#11 BID AWARD: Discussion and action on awarding bid for capital
street/utility improvement for Schertz Parkway. (S. Willoughby)
The motion was made by Councilmember Trayhan, and seconded by Councilmember
Carpenter, to award the bid to Qro Mex Construction in the amount of $734,010.50 for
the Schertz Parkway street bond water line upgrade and relocation. The motion carried
5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#12 PRESENTATION: By Earl & Associates on project overview regarding the
proposed Public Improvement District of FM 1518 & Lower Seguin Road,
and discussion and action on approving letter of support for the FM 1518 &
Lower Seguin Road proposed Public Improvement District in Bexar County.
A presentation was given by David Earl of Earl and Associates showing the boundary
lines and project area of the proposed project in the vicinity of FM 1518 and Lower
Seguin Road intersecting Trainer Hale Road. He highlighted the area of concern
addressed by Mr. Layton during Hearing of Residents concerning drainage and spoke
about the areas of concern. A project overview showing the number of homes and
construction type with planned amenities was also briefed. Infrastructure, including a
new lift station was shown on a detail map. Mr. Earl pointed out that all costs would be
absorbed by the PID. He summarized by pointing out the public benefits and challenges
to City Council. Mr. Earl asked for the City's support for the project; a representative be
appointed to the PID board and an agreement regarding annexation.
City Council asked for staffs recommendation. Mr. Bierschwale commented that it is
positive, especially because they are bringing their own water. Asked about Schertz'
representation on the board, Mr. Earl commented that Schertz would have one of five
members on the board. After much spirited discussion, Mr. Spain, City Attorney
mentioned that the City has never participated in a residential PID. He asked Mr. Earl
why the County has not taken action. Mr. Earl stated that the County is awaiting a letter
from Schertz. Mr. Spain cautioned City Council that during this process the legislature
could change annexation law that could affect the project. We should be sure we craft
our annexation options and development agreement with this in mind. Several items
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should be added into the development agreement as Councilmembers have mentioned,
such as impact fees. If City Council is interested in doing the PID there are several items
that need to be included. The II th of December is the earliest date that Bexar County
could take action.
Councilmember Trayhan made a motion, subject to City staff working out the
development agreement, that the City's Council provide a letter of support for the FM
1518 & Lower Seguin Road proposed Public Improvement District in Bexar County, that
the City's intent is not to annex the PID until the debt for the infrastructure is retired yet
retaining the option to annex and that the City Council appoint Mayor Pro Tern Scagliola
as it's representative, Councilmember Fowler seconded.
Councilmember Trayhan amended his motion changing the representative from Mayor
Pro Tern Scagliola to the Public Works Director; Councilmember Fowler seconded. The
motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
DISCUSSION ITEMS:
#13 BRIEFING: Design briefing on a perimeter road for the city hall athletic
complex. (G. Logan)
Parks and Recreation Director, George Logan gave a briefing on a perimeter road for the
City Hall athletic complex.
Councilmember Carpenter commented about the significant changes in the plan since the
first plan was presented. He asked if this plan was reviewed by the Parks and Recreation
Board. Mr. Bierschwale stated that this revision is necessary to provide parking to the
ball fields. Councilmember Carpenter relayed that this plan needs to be reviewed by the
Parks and Recreation Board, the Mayor agreed.
#14 Discussion on Parkland Dedication fees. (G. Logan)
Parks and Recreation Director, George Logan gave a briefing on Parkland Dedication
Fees. Mr. Logan proposed several issues that the Parks and Recreation Board suggested
as changes to the fee structure. He suggested a change to the UDC and ordinance in
concert with the Planning staff. Councilmember Carpenter inquired about the impact on
economic development and other fees that a new homeowner may incur. Mr.
Bierschwale mentioned that this fee is, in effect, an impact fee should be treated as such.
Mr. Wilenchik asked why we need to increase the fees so drastically, by nearly 400
percent. Councilmember Trayhan asked if they could have the comparisons from all the
surrounding areas including impact fees when this is brought back to Council. This will
be brought back in 45 days.
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#15 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-Section 551.072 - Deliberation Regarding Real Property.
There was no executive session. It was withdrawn from the agenda.
#16 Action, ifany on the subject of the above Executive Session.
No action was necessary.
#17 Items by City Manager Taylor and Staff
· Mr. Taylor introduced his grandson, Tyler.
· Thomas Rhodes briefed the upcoming zoning map revision for the Southern part of
Schertz. The second stakeholders' meeting is November 28,2007 at 6:00 p.m.
· Brad Bailey presented City Council members with their new metallic photos that will
be hung in the Council Chambers lobby.
· Mr. Bierschwale wished the Mayor and City Council a Happy Thanksgiving and
reminded them City Hall would be closed November 22nd and nrd.
#18 ADJOURNMENT.
Mayor Baldwin adjourned the meeting at 9:08 p.m.
ATTEST:
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erim City Secretary
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