ccreg 08-15-06
MINUTES
REGULAR SESSON
AUGUST 15,2006
The Schertz City Council convened in Regular Session on Tuesday, August 15, 2006
in the Municipal Complex Council Chambers at 7:00 p.m., 1400 Schertz Parkway
Building #4, Schertz, Texas. The following members were present: Mayor Hal
Baldwin presiding, Council Members Jim Fowler, David L. Scagliola, Reginna
Agee, Tony Wilenchik and absent Mayor Pro Tem Michael Carpenter. Also present
were City Manager Don Taylor, Assistant City Manager John Bierschwale, and
City Secretary Judy Tokar
#1 CALL TO ORDER
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Mayor Baldwin led the pledges of allegiance.
#3 PRESENTATION: Certificate of Recognition to Zach Douglas and James
Bowman
Mayor Baldwin read the certificate of recognition and presented them to Zach Douglas
and James Bowman for their assistant in rescuing neglected animals from a back yard.
Councilmember Wilenchik assisted in the presentation.
#4 HEARING OF RESIDENTS.
Sharon Pennington, Chamber President reported on the following:
Miss Sweethearts of Schertz Court participated in the City of Pleasanton's parade on
Saturday, the Schertz Youth Commission met for their first meeting on Monday,
announced open house at State Farm Insurance on FM3009. Mrs. Pennington invited the
Council to participate in the world's largest hug and Chamber Showcase at the Civic
Center on September 30, 2006.
Michael Dahle, 9120 E FM 1518 asked for Council to request another meeting with
TxDot to discuss and consider the impact of the new route for FM 3009 and the effect it
will have on the property owners. He is asking that the meeting involve the
municipalities and stakeholders regarding the extension of FM 3009 from FM 78 to IH
10. Mr. Dahle stated at a previous meeting that the property owners near Woman
Hollering Creek would like to be annexed into the City of Schertz and be released from
City of San Antonio ETJ.
Mayor Baldwin opened the public hearing at 7: 1 0 p.m.
Regular Session 8-15-06
#5 PUBLIC HEARING: Hold a public hearing amending the City's official Zoning
Map. Applicant: City of Schertz
Mr. Taylor said staff received 173 responses from the 9,745 notices sent out on the
rezoning; the comments were reviewed and incorporated on the proposed zoning map.
Ms. Jonette pointed out the changes that were made to the existing zoning map. The
Planning and Zoning Commission conducted their public hearing on July 26, 2006 and
after hearing several testimonies from the citizens then voted 4-1 to forward this item to
City Council with a recommendation of approval. Following the motion, the
Commission voted unanimously to forward a recommendation to City Council to
consider revising the zoning map for the following reasons: address the mapping errors
and consider certain hardships imposed by the rezoning.
Mr. Truitt briefed the Council on staff recommendation. While some properties being
rezoned will become legally non-conforming, after hearing all testimonies from citizens
being effected, staff further recommend the following actions if the Council chooses to
approve these zoning changes: update the zoning uses to allow for a Specific Use Permit
for single-family residential within all General Business; reduce the 5-acre requirement
within RE zoned areas to I-acre and correct the delineation line showing the clear zone
south of Randolph Air Force Base; and at the City's expense, rezone the properties east
of Randolph AFB and north of Lower Seguin Road back to their original zoning of RA
and GB.
There were 60 individuals that signed up to speak, one was in favor of the rezoning and
59 opposed the rezoning. The names of individuals are on record and will be kept for the
required retention period of two years.
Mayor Baldwin closed the public hearing at 9:57 p.m.
#6 PUBLIC HEARING: Hold a public hearing regarding establishing the
International Supply Consortium, LLC Reinvestment Zone.
Jonette Ellis said the public hearing was for the purpose to establish a reinvestment zone
for the International Supply Consortium, Block 1 Lot 1 & 2 located on Doerr Lane.
There was no public comment.
Mayor Baldwin closed the public hearing at 10:00 p.m. and called for a 5-minute break.
The meeting reconvened at 10: 10 p.m.
#8 ORDINANCE: Discussion and action on first reading of an ordinance
establishing the International Supply Consortium, LLC Reinvestment Zone.
Councilmember Agee made a motion, seconded Councilmember Fowler, to approve the
first reading of an ordinance establishing the International Supply Consortium, LLC
Reinvestment Zone. The vote was as follows:
Regular Session 8-15-06
AYES: Council Member: Fowler, Scagliola, Agee
NA YES: Council Member Wilenchik
#7 ORDINANCE: Discussion and action on first reading of an ordinance regarding
Zoning Map.
Mayor Baldwin said there were huge things happening on the south side of the city, such
as a 2,500 housing unit subdivision in Sedona, 150 unit subdivision in Laura Heights and
5-acre tract subdivision in Schertz Forest. Mayor Baldwin said the future of SH 130
route between Laredo and the Oklahoma state line, with bypass around New Braunfels,
San Marcos and terminating north of Austin, will bring traffic from all directions into the
area. There will be heavy truck traffic and development will occur eventually. He is
concerned that the current property owners and farmers in the area are concerned that the
City would change the use of the land by rezoning. The rezoning will not take away the
use. Mayor Baldwin is not in favor of forcing anyone to have to sell.
Councilmember Wilenchik asked about postponing this item, since there is a lot of
confusion and he is not sure ifhe could vote on it tonight either.
Mr. Taylor said if the zoning map were denied, the process would start over again.
Councilmember Fowler had been listening carefully and was concerned that the property
owners thought the City would take away their land. He would fight against that action.
What is the process if Council approved the zoning map and incorporated the concern
from the residents about the inheritance of their property?
Mr. Taylor spoke with Mr. Spain about this and if Council voted yes with the following
amendments and specifically spelled out the amendments. It can be amended but it
would need to go back to its original zoning. He believes in his opinion there isn't
enough time to explain to the residents for them to understand it. That was his opinion.
Mr. Truitt said there are only two changes to the map, correct the clear zone and change
one area east of Randolph AFB back to its' original zoning.
Councilmember Scagliola expressed concern that the process was never fully explained
and understood why the residents were confused. There should be a grandfather clause to
leave the land as it originally was and not require property owners to pay a special use
permit. With regard to passing the ordinance with the promise of amending it later, he
stated, a promise isn't a promise unless it is in writing and there have been too many
issues raised tonight to consolidate into a comprehensive plan.
Councilmember Agee made a motion, seconded by Councilmember Wilenchik, to deny
the first reading of an ordinance regarding the Zoning Map. The vote was as follows:
AYES: Council Member Scagliola, Agee and Wilenchik
NA YES: Council Member Fowler
Regular Session 8-15-06
#9 ORDINANCE: Discussion and action on first reading of an ordinance approving
a Tax Phase-In and Tax Phase-In Agreement with International Supply
Consortium, LLC.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee, to
approve first reading of an ordinance approving a Tax Phase-In and Tax Phase-In
Agreement with International Supply Consortium, LLC. The vote was as follows:
AYES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
#10 CONSENT AGENDA:
A) Minutes of the regular meeting May 16, 2006.
B) ORDINANCE: Consideration and approval of an Ordinance by the City
Council of the City of Schertz, Texas authorizing the issuance of "City of
Schertz, Texas General Obligation Bonds, Series 2006", Levying an annual ad
valorem tax, within the limitations prescribed by law, for the payment of the
bonds, prescribing the form, terms, conditions, and resolving other matters
incident and related to the issuance, sale, and delivery of the bonds, including the
approval and distribution of an official statement pertaining thereto, authorizing
the execution of a paying agent/registrar agreement and a purchase contract;
complying with the requirements imposed by the letter of representations
previously executed with the depository trust company; and providing for an
effective date.
C) ORDINANCE: Discussion and action on final reading of an ordinance by
the City Council of the City of Schertz, Texas authorizing the public use of
certain municipal facilities; setting forth policies, rules, rental rates, and
reservation and lease agreements; providing a penalty for violations of this
ordinance; providing an effective date; and repealing all ordinances or parts of
ordinances in conflict with this ordinance.
D) INTERLOCAL AGREEMENT CONRACT AND RESOLUTION:
Consideration and action on Inter-local Agreement contract and resolution with
The Co-operative Purchasing Network.
Consent Agenda Item 10(8) was removed for separate action.
Councilmember Agee made a motion, seconded by Councilmember Fowler, to approve
Consent Agenda Items 10 A, C and D. The vote was as follows:
AYES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
Regular Session 8-15-06
Councilmember Wilenchik made a motion, seconded by Councilmember Agee, to approve
an ordinance authorizing the issuance of General Obligations Bonds, Series 2006. The vote
was as follows:
AYES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
#11 BID AWARD: Discussion and action on bid award for 2006-2007 Group
Medical, Dental, Life, and Vision benefits for the City.
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to award
the bid for 2006-2007 group medical coverage to Community First, Dental to Safeguard,
Vision to Avesis and Life to BCBSlFort Dearborn. The vote was as follows:
A YES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
#12 Discussion and action to award the bid for Police Department bullet resistant
glass and replacement wall.
Councilmember Agee made a motion, seconded by Councilmember Scagliola, to award the
bid for bullet resistant glass to Main Glass and Mirror Co. for $48,069.00 and the
replacement wall to B&E Contractors for $23,437.54. The vote was as follows:
AYES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
#13 Discussion and action on Regional Water Alliance.
Councilmember Scagliola made a motion, seconded by Councilmember Agee, to join the
Regional Water Alliance. The vote was as follows:
A YES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
#14 APPOINTMENT: Discussion and action on appointment of ED
Commissioner.
Councilmember Agee made a motion, seconded by Councilmember Wilenchik to appoint
Mr. Gary Candy to the Schertz Economic Development Commission to serve a two-year
term. The vote was as follows:
A YES: Council Member Fowler, Scagliola, Agee and Wilenchik
NAYES: None
Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to
recess the meeting until 7:00 p.m. (August 16, 2006) tomorrow because of the late hour.
The meeting was recessed at 11 :05 p.m. The vote was as follows:
Regular Session 8-15-06
AYES: Council Member Fowler, Scagliola, Agee and Wilenchik
NA YES: None
ATTEST:
Regular Session 8-15-06
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