ccreg 03-21-06
MINUTES
REGULAR SESSION
March 21, 2006
The Schertz City Council convened in Regular Session on Tuesday, March 21, 2006 in
the Municipal Complex Council Chambers at 7:00 pm, 1400 Schertz Parkway Building
#4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Council Members Carl Douglas, John Trayhan, Reginna Agee, Tony Wilenchik and
Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City
Manager John Bierschwale, City Attorney Michael Spain, and Deputy City Secretary
Mary Ybarra.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 HEARING OF RESIDENTS
Robert Brockman, 1000 Elbel Road made the following comments:
Texas Human Resources Building will soon be vacant. Rumor has it the building
will be up for sale.
D Asked for an update on the Post Office issue.
D Inquired on FM 3009 Sidewalk program; issue of drainage and other concerns.
#3 PUBLIC HEARING:
A) Consider a request for Specific Use Permit to allow a manufactured home on
1.12+ acres ofland situated out of the Jeromino Leal Survey No. 79, Abstract No.
424, Parcel 5C, County Block 5058, Bexar County, Schertz, Texas. The property
is generally located near Old Lower Seguin Road and Aranda Lane. The property
is zoned Residential/Agriculture (R-A). Applicant: Michael and San Juana Starr.
Mayor Baldwin inquired if applicants were present and was advised applicant were not.
At this time, City Manager Taylor brought Council up to date on the property under
discussion and stated that Planning and Zoning Commission recommends approval,
because the majority of the area includes manufactured homes. A letter was read from
the owner at this time, thanking Council for their consideration for approval.
Betty Tate, Aranda Lane resident inquired why did the applicant require a specific use
pennit. She was advised that the property is zoned R-A; Residential/Agricultural and the
zoning does not include manufactured homes.
With no further comments, Mayor Baldwin closed the public hearing.
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B) Request to rezone 19.992+acres from General Business (GB) and Residential
District-l (R-l) to Residential District - 6 (R-6). The tract is situated out of the T.
Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas.
The property is generally located at the intersection of Live Oak and Maske Road.
The property is referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd.
City Manager Taylor stated that the Planning and Zoning Commission recommends
approval as well as City Staff.
Mr. Larry Aiken, development partner spoke on the issue and reviewed the options and
coarse of action taken in the development of the property. The development would leave
the frontage along Schertz Parkway as General Business (GB) zoning to comply with the
City's future Land Plan.
Inquires were made from concerned citizens on property owner notification, number of
reply's received, zoning classification, and connectivity between subdivisions.
There was no further discussion and Mayor Baldwin closed the public hearing.
C) Request to rezone 19.098+ acres from General Business (GB) to
Residential-Agriculture District (R-A). The tract is situated out of the E. Gotari
Survey No.2, Abstract No.5, Bexar County, Schertz, Texas. The property is
generally located at the southwest comer of Ware Seguin Road and FM 1518.
The property is being referred to as Schertz Forest, Unit 2. Applicant: Schertz
Forest Joint Venture.
City Manager Taylor reported that the Planning and Zoning Commission recommends
approval and staff concurs with the recommendation.
Henry Christopher, owner was present to answer any questions.
There was no further discussion and Mayor Baldwin closed the public hearing.
#4 CONSENT AGENDA:
A) Minutes of Strategic Planning Session January 18, and Febrnary 1, 2006,
workshop minutes of January 11 and January 25,2006.
B) ORDINANCE: Final reading on an ordinance establishing a curfew for
juveniles under seventeen years of age to prohibit being in any public place
during the curfew period set forth herein, providing an enforcement procedure;
establishing criminal penalties for juveniles, parent of juveniles and
owners/operators or persons in control of establishments; and adopting certain
exceptions.
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C) ORDINANCE: Final reading on an ordinance providing that Chapter 18
of the Code of Ordinances of the City of Schertz be amended to authorize the
installation of speed humps on streets in the City of Schertz.
D) ORDINANCE: First reading on an ordinance adopting and enacting a
new code for the City of Schertz providing for the repeal of certain ordinances not
included therein; providing penalty for the violation thereof; providing for the
manner of amending such code; and providing when such code and this ordinance
shall become effective.
Council Member Douglas made a motion, seconded by Council Member Agee to approve
consent agenda A (minutes of January 18, and February I, 2006 only, other minutes were
not available for review) B, C and D. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#5 ORDINANCE: Discussion and first reading on an ordinance for Specific Use
Permit to allow a manufactured home on 1.12+ acres ofland situated out of the
Jeromino Leal Survey No. 79, Abstract No. 424, Parcel 5C, County Block 5058,
Bexar County, Schertz, Texas. The property is generally located near Old Lower
Seguin Road and Aranda Lane. The property is zoned Residential/Agriculture (R-
A). Applicant: Michael and San Juana Starr.
Council Member Trayhan made a motion, seconded by Council Member Carpenter to
approve Specific Use Permit to allow a manufactured home on 1.12+ acres of land
situated out of the Jeromino Leal Survey No. 79, Abstract No. 424, Parcel 5C, County
Block 5058, Bexar County, Schertz, Texas. The vote was:
A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#6 ORDINANCE: Discussion and first reading on an ordinance to rezone
19.992+acres from General Business (GB) and Residential District-I (R-I) to
Residential District-6 (R-6). The tract is situated out of the T. Herrera No. 68
Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is
generally located at the intersection of Live Oak and Maske Road. The property
is referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd.
Council Member Trayhan made a motion, seconded by Council Member Douglas to
approve first reading of an ordinance to rezone 19.992+acres from General Business
(GB) and Residential District-I (R-I) to Residential District-6 (R-6). The vote was:
A YES: Council Member Douglas, Trayhan, Agee, and Carpenter.
ABSTAINED: Council Member Wilenchik
NAY: None.
Regular Session 03-21-06 143
#7 ORDINANCE: Discussion and first reading on an ordinance to rezone 19.098+
acres from General Business (GB) to Residential-Agriculture District (R-A). The
tract is situated out of the E. Gotari Survey No.2, Abstract No.5, Bexar County,
Schertz, Texas. The property is generally located at the southwest comer of Ware
Seguin Road and FM 1518. The property is being referred to as Schertz Forest,
Unit 2. Applicant: Schertz Forest Joint Venture.
Council Member Douglas made a motion, seconded by Council Member Wilenchik to
approve first reading of an ordinance to rezone 19.098+ acres from General Business
(GB) to Residential-Agriculture District (R-A). The vote was:
A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#8 ORDINANCE: Discussion and action on first reading on an ordinance providing
that the Code of Ordinances, City of Schertz, Texas be amended by revising
Section 18-76, maximum limits on specific street, Schertz Parkway.
City Manager Taylor reported no changes.
Council Member Trayhan made a motion, seconded by Council Member Agee to approve
first reading on an ordinance providing that the Code of Ordinances, City of Schertz,
Texas be amended by revising Section 18-76, maximum limits on specific street, Schertz
Parkway. The vote was:
A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#9 ORDINANCE: Discussion and action on first reading on an ordinance providing
that the Code of Ordinances, City of Schertz, Texas be amended by revising
Section 18-76, maximum limits on specific street, Lower Seguin Road.
Council Member Wilenchik made a motion, seconded by Council Member Carpenter to
approve first reading on an ordinance providing that the Code of Ordinances, City of
Schertz, Texas be amended by revising Section 18-76, maximum limits on specific street,
Lower Seguin Road. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#10 Discussion and action on the Intergovernmental Agreement with Comal County
regarding the On Site-Facilities.
City Attorney Michael Spain gave an update on agreement with Comal, however believes
there is an agreement in place since 2004. He would like to research the matter and
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recommends postponing the issue until further research is made. He believes Comal
County has approved, however the City of Schertz didn't receive a copy.
It was Council's consensus to have the matter researched and bring it back at a later time
if needed.
#11 RESOLUTION: Discussion and action to certify funding and support for the
Statewide Transportation Enhancement Program nomination Form 2006 with the
Texas Department of Transportation for the application to receive funds for the
Roy Richards Memorial Project.
Council Membcr Wilenchik made a motion, seconded by Council Member Agee to
approve resolution to certify funding and support for the Statewide Transportation
Enhancement Program nomination Form 2006 with the Texas Department of
Transportation for the application to receive funds for the Roy Richards Memorial
Project. The vote was:
A YES: Council Member Trayhan, Agee, Wilenchik and Carpenter.
ABSTAINED: Council Member Douglas
NAY: None.
#12 ORDINANCE: Discussion and action on first and final reading on an ordinance
authorizing certain officials of the City to issue citations and declaring an
emergency.
City Manager Taylor gave a brief explanation on the matter and deferred comments to
City Attorney.
City Attorney Michael Spain, explained that the recommendation came from Judge
Padgett and after review agrees and recommends approval. The Ordinance authorizes
officials to issue citations, those officials include:
Health inspector
City Inspector
Building inspector or Official
Code Enforcement or Code Compliance officer
Public Works Inspector
Animal Control officers or
Any other individual authorized to enforce the City's Code of Ordinances.
Council Member Agee made a motion, seconded by Council Member Douglas to approve
first and final reading on an ordinance authorizing certain officials of the City to issue
citations and declaring an emergency. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
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At this time, Council adjourned and will convene into the Conference Room for an
Executive Session.
#13 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub-Section Section 551.Q71 (a) Deliberation Regarding Legal Matters.
An Executive Session was held from 7:35 p.m. to 8:35 p.m.
#14 Action, if any on above subject of the Executive Session.
No action was necessary.
#15 Items by City Manager Taylor and Staff
General Aunouncements
0 City Manager Taylor had no comments
0 Assistant City Manager reported that TXDot did a good job on adding a 3rd
lane to the southbound frontage road at IH-35.
#16 Items by Council
Council Member Douglas
0 Had no comments
Council Member Trayhan
0 Had no comments
Council Member Agee
0 Had no comments
Mayor Pro-Tern Wilenehik
0 Reminder of Doggy Dash on April 29th, preparations are underway and sponsorships
are coming in as well as runner, walkers are being signed up.
0 Reported he would be out of town next week and would not attend the P&Z meeting
or Council Workshop.
Council Member Carpenter
0 Inquired about Tax abatement matter and was advised to follow up with City
Attorney.
0 Reporting meeting with Ed Kenny reference soccer fields and possible donation to the
City.
Regular Session 03-21-06 146
0 Mentioned meeting with resident at Oak Street relative to ongoing fence issue. He
walked the entire fence line and believes it will not take much to make repairs. He
added that residents are willing to pitch in monetarily to help make repairs.
#17 Items by Mayor
0 Welcomed three home school students from New Braunfcls and thanked them for
attending.
#18 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 8:41 p.m.
C2~
ATTEST:
Regular Session 03-21-06 147