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MINUTES
REGULAR SESSION
February 7, 2006
The Schertz City Council convened in Regular Session on Tuesday, February 7,2006 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, Community Services Director, Gail Douglas, 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.
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Harvev HUd. 1430 Weil Road addressed Mayor Baldwin relative to a previous
conversation held by the Mayor and himself. Mayor Baldwin advised Mr. Hild that this
was not the place to discuss an issue relative to candidacy of an individual and his
opinions. Mr. Hild was excused.
Geore:e Mower. 5013 Brooks Ave addressed Mayor Baldwin on his belief that people
coming to Council meetings are treated unfairly and stated that he is hoping to replace
him as soon as he can.
Mare:aret Rilev, 204 Forest Way stated she is a member of the Library Board and is very
excited that she lives in Schertz, she isn't comfortable with growth, however understands
it is something that has to be done. The opportunity to be involved in the planning of the
new library is worth all the growth. She believes the library issue should not be put on
hold, place the library on the May ballot and not wait until the November ballot. The
Library Board will support any and all efforts to help this project get off the ground.
Robert Brockman. 1000 Elbel Road reported on County Commissioners Court meeting
held in Seguin where discussion on the expansion of the annex building took place to
house possibly more offices such as the County Clerk. He mentioned there was no
discussion on the moving of the County Seat.
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Ruth Tiener. 104 Dearborn Drive states that for 29 years citizens have asked for a new
Library. Citizens have had to drive to Seguin to utilize their Library. She is an educator
and knows first hand that many parents cannot afford computers at home and look to the
Library for help. Let's not wait; the citizens of Schertz can't take a chance on losing the
value of a million-dollar gift from Mr. White.
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John Arrine:ton. 19387 Wiederstein Road spoke on the following issues:
o ETJ of Cibolo and Schertz
o Riata development issues
o Subdivision plats-fence survey
o Incorrect survey
o Suggestions not approving the project
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#3 PRESENTATION TO JACKIE JONES FOR SERVICE ON THE
SCHERTZ HOUSING AUTHORITY.
Mayor Baldwin presented Ms. Jackie Jones with a plaque for her many years of service to
the Schertz Housing Authority. Ms. Jones accepted her plaque and thanked Mayor Hal
Baldwin and Council.
#4 INTRODUCTION OF NEW EMPLOYEE - FIRE DEPARTMENT.
Chief Friesenhahn introduced and read a short bio on Darrell Glenn Hedgpeth, new
employee to the Schertz Fire Department.
Council welcomed him and wished him many years of service with the City.
At this time, Mayor Baldwin explained procedures to be followed at Public Hearings.
PUBLIC HEARINGS:
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1) Request to rezone 45.973+ acres from Residential/Agricultural District (R-A) to
Residential District-7 (R-7). The tract is situated out of the Rafael Garza Survey,
Abstract No. 138 and Abstract No. 175 in Guadalupe and Comal Counties,
Schertz, Texas. The property is generally located between IH 35 and Wiederstein
Road, east of the Belmont Park Subdivision. Applicant: Congregation of Holy
Ghost Western Province, Inc. for Intermandeco.
Nancy McBeth, Planning Director provided background on the rezoning issue and
reported that staff had recommended approval, however the Planning and Zoning
Commission at their public hearing voted and recommends disapproval.
At this time, representative speaking on behalf of developer spoke on the issue and
explained that relative to notification of surrounding property owners the developer
notified everyone within the proximity of the property according to the tax rolls.
Apparently, Mr. Arrington did not fall within the proximity. Many of Mr. Arrington
concerns have to do with other issues, not with the rezoning issue. One major concern is
Old Wiederstein Road- alignment problem, survey, etc. He went on to say that the
developer up to this point has, and will continue to follow the requirements set by the
City.
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Mayor Baldwin asked that anyone in favor of the rezoning issue to setup to the podium.
There were none.
Before continuing Mayor Baldwin asked Planning and Zoning Chairman David
Richmond to explain the Commissions reason for their decision.
David Richmond. Planning & Zoning Commission Chairman stated that because of Mr.
Arrington's report; notification issue, survey whether right or wrong, the Commission felt
these issues carried merit and more time was necessary for review. This was the reason
for the disapproval.
Barry Shield. Old Wiederstein Road, stated he has no concern with rezoning, however
has concern with Old Wiederstein Road. What is going to happen? What is the alignment
of the road and asked for more information from the City.
There being no further comments, Mayor Baldwin closed the public hearing.
2) Request to rezone 11.796+ acres from General Business (GB) to Residential
District-7 (R-7). The tract is situated out of the Torribo Herrera No. 68 Survey,
Abstract No. 153, Guadalupe County, Schertz, Texas. The property is general
located at the southeast corner of Schertz Parkway and Maske Road. Project
Name: Ackermann Ridge East. Applicant: Malford Ackermann for KB Homes.
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Nancy McBeth, Planning and Zoning gave an in depth review covering prior project
review and action; staff development review; future issues and staff analysis and
conclusion on the rezoning issue. She provided Council with report and concluded that
staff recommendation is to disapprove the request. Planning and Zoning recommendation
after conducting public hearing voted to forward the item to City Council with
recommendation of disapproval.
At this time, KB representatives covered the following:
o KB Homes History/Background
o Goals
o Commitments to Schertz
Ramon Cook resident of Schertz had concerns relative to the subdivision possibly
damming up flow to the down town area.
Mr. Malford Ackermann provided Council with a short history of the property and
mentioned that with residential development along Schertz Parkway it makes it very
difficult to continue agriculturally. He hopes Council considers the rezoning issue.
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Amy Madison, Economic Development Director reminded Council of the
Comprehensive Land Plan Use study and asked that Council consider some of the
recommendations coming out the study. Also, commenting on the issue was David
Richmond, Chairman of Planning and Zoning.
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Mayor Baldwin closed the public hearing at 8:34 pm.
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3) Request to rezone 15.927+ acres from General Business (GB) and Residential
District-2 (R-2) to Residential District-7 (R-7). The tract is situated out of the
Torribo Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz,
Texas. The property is generally located at the southwest corner of Schertz
Parkway and Maske Road. Project name: Ackermann Ridge West. Applicant:
Malford Ackermann for KB Homes.
Mayor Baldwin stated that Council and public have heard information on the project to
the East and asked if anyone had any comments to the project to the West. Staff had no
other comments.
Robert Brockman inquired if the property was in a floodplain. He was advised the
property was taken off the newest FEMA floodplain map.
There being no further comments, Mayor Baldwin closed the public hearing.
4) Request for a Specific Use Permit for 122.223+ acres for Laura Heights
Subdivision. The 122.223+ acre tract contains 159 single-family lots located at
the intersection of Ware Seguin Road and Boenig Lane. The property is zoned
Residential-Agriculture (RIA). Applicant: H.L.H. Development, L.P.
Nancy McBeth Planning Director provided background information on the issue and
mentioned that staff is in support and that the project would provide two 60 foot streets
for future connectivity and preserves the natural floodplain. She went on to say that the
Planning and Zoning Commission voted on the issue and there was a tie vote, which
results in a failed motion.
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Edgar Anglin, property owner stated he did not receive notification and his property
adjoins the property under consideration. He also states he is against the rezoning.
There being no further comments, Mayor Baldwin closed the public hearing.
#5 CONSENT AGENDA:
A) Approve minutes of workshop meeting of November 30, 2005, regular
meeting of January 3,2006, and Strategic Session minutes of January 17.
B) Approve to appropriate funds for the following projects: LED sign,
Community Center renovation, remodel City Hall, City Hall Expansion
and construction of Building Maintenance Shop.
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Council Member Wilenchik made a motion, seconded by Council Member Trayhan to
approve Consent agenda A & B. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#6 ORDINANCE: Discussion and action on first reading on ordinance to rezone
45.973+ acres from Residential/Agricultural District (R-A) to Residential District-
7 (R-7). The tract is situated out of the Rafael Garza Survey, Abstract No. 138
and Abstract No. 175 in Guadalupe and Comal Counties, Schertz, Texas. The
property is generally located between IH 35 and Wiederstein Road, east of the
Belmont Park Subdivision. Applicant: Congregation of Holy Ghost Western
Province, Inc. for Intermandeco.
Council Member Douglas made a motion, seconded by Council Member Wilenchik to
approve first reading of ordinance to rezone 45.973+ acres from Residential/Agricultural
District (R-A) to Residential District-7 (R-7). The tract is situated out of the Rafael
Garza Survey, Abstract No. 138 and Abstract No. 175 in Guadalupe and Comal Counties,
Schertz, Texas. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
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#7
ORDINANCE: Discussion and action on first reading on ordinance to rezone
11.796+ acres from General Business (GB) to Residential District-7 (R-7). The
tract is situated out of the Torribo Herrera No. 68 Survey, Abstract No. 153,
Guadalupe County, Schertz, Texas. The property is general located at the
southeast corner of Schertz Parkway and Maske Road. Project Name: Ackermann
Ridge East. Applicant: Malford Ackermann for KB Homes.
Mayor Baldwin commented that the City has granted other developers along Schertz
Parkway residential development, as well as land purchase by the City for park use. How
does the City justify denying Mr. Ackermann's request at this time? Council Member
Wilenchik agrees with the Mayor's comments and recommends approval. Council
Members Douglas and Carpenter provided a few comments and do not disagree with
previous comments made by Mayor Baldwin and Council Member Wilenchik.
Council Member Wilenchik made a motion, seconded by Council Member Carpenter to
approve first reading on ordinance to rezone 11.796+ acres from General Business (GB)
to Residential District-7 (R-7). The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
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#8
ORDINANCE: Discussion and action on first reading on ordinance to rezone
15.927+ acres from General Business (GB) and Residential District-2 (R-2) to
Residential District-7 (R-7). The tract is situated out of the Torribo Herrera No.
68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is
generally located at the southwest corner of Schertz Parkway and Maske Road.
Project name: Ackermann Ridge West Applicant: Ackermann for KB Homes.
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Council Member Wilenchik made a motion, seconded by Council Member Carpenter to
approve first reading on ordinance to rezone 15.927+ acres from General Business (GB)
and Residential District-2 (R-2) to Residential District-7 (R-7). The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#9 ORDINANCE: Discussion and action on the first reading on ordinance for a
Specific Use Permit for 122.223+ acres for Laura Heights Subdivision. The
122.223+ acre tract contains 159 single-family lots located at the intersection of
Ware Seguin Road and Boenig Lane. The property is zoned Residential-
Agriculture (RIA). Applicant: H.L.H. Development, L.P.
Mayor Baldwin and Council voiced concerns relative to re-notification of property
owners, and egress/ingress (road) not connected to major thoroughfare. Council Member
Douglas believes all requirements were met and believe the project should not be held
back.
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Mayor Baldwin believes the City needs to meet with the developer for the purpose of
researching concerns relative to the road situation.
Council Member Wilenchik made a motion, seconded by Council Member Trayhan to
approve first reading on ordinance for a Specific Use Permit for 122.223+ acres for Laura
Heights Subdivision, contingent upon that staff provide additional information from the
developer prior to second reading. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#10 Discussion and action to award the bid for the swimming pool management
servIce.
City Manager Taylor recommends awarding bid and believes it's a good move for the
City. Gail Douglas, Community Service Director stated it would save the City between
$12,000 and $20,000 annually. It's something she would like to do and if the City isn't
happy with the results, the contract is only for one year. Discussion followed covering
issues such as: BVY A additional costs, lifeguards, etc.
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Council Member Wilenchik made a motion, seconded by Council Member Trayhan to
approve the bid to USA Pools as outlined in the proposed contract. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#11 Discussion and action on proposal to change addresses on Municipal Complex.
Rita Duprat- Waldo, Risk Manager explained that the change is necessary for several
important reasons:
o Bexar Metro 911-system only recognizes numbers
o Entire complex under one address
o Delivery of freight-confusion with address in the complex.
She recommends adopting numbering system for the entire complex and individually
number each building as per Bexar Metro 911 emergency numbering system. She also
recommends placement of visible number placards on each building, as well as signage
that show a clear map of complex.
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Council Member Trayhan made a motion, seconded my Council Member Wilenchik to
adopt the number system of Bexar Metro 911 for the City Municipal Complex. The vote
was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#12 Update from President Ramon Cook and discussion on Schertz/Seguin Local
Government Corporation.
Ramon Cook, President of Schertz-Seguin Local Government Corporation briefed and
provided Council with report explaining where the corporation is today since the official
incorporation in January 1999. He was pleased to report that the corporation is up and
running. Delivering over 8,000,000,gallons of water to cities, and on some days shipping
12,000,000 gallons. Has 55 miles of pipe in the ground; approx. 7,600 acres of land
bought and leased in Gonzales County; eight wells working and a system that has reached
the corporations startup goals. This year (2006) the corporation is now serving the 2002
population numbers in Seguin, plus the 2015 population numbers in Schertz. With
connection of Selma and Universal City, the corporation will be at the 2020 level of
homes on the system. The corporation has not acquired enough land or permits for 50
years of water. However it does have a pipe big enough to stuff that much water through.
He adds that the corporation is working on future plans to include wells, pumps, and land.
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He went on to say that it's been a privilege to live in Schertz and see Members of
Council, Town's Citizens, be willing to make the effort and pay the price to make it
happen. Lastly, Mr. Cook points out that one important item of concern is the question,
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what would happen if the wells were pumped too hard, too long, without concern of
conserving Nature's Bounty? It's already happened in Texas, salt water has fouled water
aquifers.
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#13 Action on the appointment of William J. Gignac as Director to the Schertz
Housing Authority.
Council Member Agee made a motion, seconded by Council Member Trayhan to appoint
William J. Gignac to fill the expired term of Ms. Jackie Jones as commissioner to the
Schertz Housing Authority Board. The vote was:
AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#14 Discussion and action on the request from the City of Garden Ridge to consider a
petition for variances for commercial property adjacent to City of Schertz
property.
Council was briefed with location of property, site plan and property owner list. Council
found no reason to protest the petition and recommends City representation at public
hearing. City Manager Taylor stated he would be attending the public hearing on behalf
of the City.
#15 Items by City Manager Taylor and Staff
General Announcements
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o Reported he, Mayor Baldwin and Council Member Douglas would be in Corpus
Christi, Thursday, Friday, Saturday and Sunday.
Assistant City Manager Bierschwale reported on change order for Civic Center
relative to a change to brick design. Council consensus was to accept the change
order.
#16 Items by Council
Council Member Douglas
· Schertz Bank and Trust fixed a good stew for Trail Riders passing through to the
Stock Show and Rodeo in San Antonio.
· Reported on renovation of restroom in the park area.
Council Member Trayhan
· Had no comments.
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Council Member Agee
· Had no comments.
Mayor Pro-Tern Wilenchik
· Had no comments
Council Member Carpenter
· Had no comments.
#17 Items by Mayor
· Had no comments.
#18 ADJOURNMENT
Mayor Baldwin adjourned the meeting a 9:48 p.m.
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ATTEST:
M :J-k-~.
dy Tar, City Secretary
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