01-02-2007-Regular Session
MINUTES
REGULAR SESSION
.JANUARY 2, 2007
The Schertz City Council convened in Regular Session on Tuesday, January 2, 2006
at 7:00 p.m. in the Municipal Complex Council Chamhers, 1400 Schertz Parkway
Building #4, Schertz, Texas. The following memhers were present: Mayor Hal
Baldwin presiding, Councilmembers David L. Scagliola, Rcginna Agce, Tony
Wilenchik, Mayor Pro Tcm Jim Fowler and Michael Carpentcr. Also present were
City Manager Don Taylor, Assistant City Manager David Harris, City Attorney
Michael Spain, and Judy Tokar City Secretary.
#1 CALL TO ORDER
Mayor Baldwin called the meeting to order at 7:00 p.m.
Mayor Baldwin asked us to bow our heads in honor of former President Gerald Ford who
had died.
#2 HEARING OF RESIDENTS - None
#3 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS
Both pledges were recited.
Mr. Don Taylor. City Manager introduced the new Economic Development Executive
Director. George Antuna. Mr. Antuna starts with the City on January 8th Ms. Antuna
was recognized and introduced.
Mayor Baldwin opened the public hearings at 7:06 p.m.
#4 PUBLIC HEARINGS:
A) Hold a public hearing on a request to rezone 88.833+ acres tTom
Residential/Agricultural District (R-A) to Single-Family Residential District-6 (R-
6). The tract is situated out of the J. Leal Survey No. 79. Abstract No. 424. Bexar
County. Schertz. Texas. The property is generally located at the intersection of
FM 15 I 8 and Schader Road. Owner: Erwin C. Wiederstein Jr. & William
Wiederstein and Mustang Fifty-One. Ltd. Applicant: Mustang Fifty-One. Ltd.
Mr. Michael Brooks. Planner III eXplained the request for rezoning of 88.833 acres. He
reported Planning and Zoning recommended disapproval.
John Elorriaga with TBe Engineers said Benchmark Homes is the builder and developer
of the property. Thc developer has requested to rezone the property tTom agricultural to
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single-family residential. The development will consist of 250 lots (3 lots per acres).
55% of lots at 7.200 square feet, home priced at $190.000. surveyed 2,500 trees with 70%
preservation in the development, 7 acre community park, 3.5 acre of green space,
boulevard entrance with landscaped areas, and approximately 11 acres for commercial
use along FM 1518. Mr. Elorriaga met with the neighbors to discuss their concerns about
the tratlic issues and drainage problems on FM 15 I 8. He emphasized a comprehensive
land plan approach to resolve the City and the neighbors concerns.
William Wiederstein, 2 I 1 Wiederstein Street said his family owned the property for over
100 years and did not jump into this decision lightly to sell the property. They felt it was
important to select a qualify developer that would feature and preserve the heritage oaks
with a nice development.
Mel Hillert, 8700 Post Oak Lane, did not object to the project but was concerned about
the existing drainage problem. He recommended the City develop a regional master plan
to resolve the drainage issues.
Lloyd Fairley, 12290 Lower Seguin Road, was not against the development; felt there
was not a sutlicient drainage plan for the density.
David Richmond, 2923 Bent Tree Drive. thought the project was a good plan and said it
comes back to the basic question asked how is the City going to address development
south of FM 78. He understands that the commission is looking for less density and
doesn't believe this project meets the criteria.
The public hearing was closed at 7:36 p.m.
Mayor Baldwin moved up Agenda Item #7 for action.
#7 ORDINANCE: Discussion and action on fIrst reading of an ordinance amending
the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 88.833+
acres out of the J. Leal Survey No. 79, Abstract No. 424, in Bexar County,
Schertz, Texas from Residential/Agricultural District (R-A) to Single-Family
Dwelling District (R-6); providing an effective date and providing a repealing
clause. The property is generally located at the intersection of FM 1518 and
Schaefer Road.
The major discussion by Council was they would like to rezone the area for I to 3 acre
lots and haven't been able to accomplish that. The drainage and tratlic problems in the
area would be addressed in the platting process and it is not part of the rezoning process.
Councilmember Scagliola made a motion, seconded by Mayor Pro Tern Fowler, to
disapprove the first reading of an ordinance amending the UnifIed Development Code
(UDC) Ordinance 96-S-28 by rezoning 88.833+ acres out of the J. Leal Survey No. 79.
Abstract No. 424. in Bexar County. Schertz, Texas tTom Residential/Agricultural District
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(R-A) to Singlc-Family Dwelling District (R-6); providing an el1ectivc date and
providing a repealing clause. The vote was as follows:
AYES: Councilmember Scagliola
NA YES: Councilmember Fowler. Agee. Wilenchik. Carpenter
eouncilmember Wilenchik made a motion, seconded by Councilmember Agee to
approve thc first reading of an ordinance amending the UnifIed Devclopment Code
(UDe) Ordinance 96-S-28 by rezoning 88.833+ acres out of the J. Leal Survey No. 79,
Abstract No. 424, in Bcxar County. Schcrtz, Texas tTom Residential/Agricultural District
(R-A) to Single-Family Dwelling District (R-6); providing an effective datc and
providing a repealing clause. The vote was as follows:
AYES: Councilmember Fowler. Agee. Wilenchik, Carpcnter
NA YES: Councilmembcr Scagliola
#4B) Hold a public hearing on a request to rezone 2.270+ acres tTom Planned Unit
Developmcnt (PUD) to General Business (GB). The tracts ofland arc situated out of the
Torribio Herrera No. 08 survcy. Abstract No. 205, Guadalupe County, Schertz, Texas.
The property is generally located on the north side of Schertz Parkway at Woodland Oaks
Drive. Applicant/Owncr: Jim Ramscy, PP Schertz Partners, Ltd.
Chris Gabbard, Planner I presented the request to rezone 2.270+ acres from PUD to
Gcneral Business. The Planning and Zoning Commission voted to approve the rezoning.
Stephen Goss with Kimlcy-Horn and Associates is requesting to rezone the back portion
ofthc property, and is also asking Ii)r a variancc on the driveway width on Schertz
Parkway.
No public commcnt.
Mayor Baldwin closed this public hearing.
#8 ORDINANCE: Discussion and action on first reading of an ordinance amending
the Unified Development Codc (UDC) Ordinance 96-S-28 by rezoning 2.270+
acres out of the Torribio Herrera Survey No. 68, Abstract No. 205, in Guadalupe
County, Schcrtz, Tcxas tTom Planned Unit Devclopment District (PlJD) to
General Business District (GB); providing an effective date; and providing a
repealing c1ausc. The property is generally located on the north side of Schertz
Parkway at Woodland Oaks Drive.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve first reading of an ordinance amending the Unified Development Code (UDC)
Ordinance 90-S-28 by rezoning 2.270+ acres out of the Torribio Herrera Survey No. 68,
Abstract No. 205, in Guadalupe County, Schertz, Texas from Planned Unit Development
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District (PUD) to General Business District (GB); providing an effective date; and
providing a repealing clause. The vote was as follows:
A YES: Councilmember Fowler, Scagliola, Agee. Wilenchik, Carpenter
NA YES: None
Mayor Baldwin closed the public hearing at 8:00 p.m.
#4C Hold a public hearing on a request to rezone 4.6 18+ acres from Residential
District-I (R-I) to Neighborhood Services District (NS). The tract is situated out
of the Genobera Malpaz Survey, Abstract No. 22 I, Guadalupe County, and
Schertz, Texas. The property is generally located at the northwest intersection of
FM 3009 and Elbel Road. Applicant/Owner: Paul Blackburn, Schertz 3009 Ltd.
Misty Nichols, Planner II explained the request is for rezone of 4.618+ acres tTom
Residential to Neighborhood District. After a meeting with the residents, it was agreed
upon by the owner to restrict the uses in the neighborhood services district in case the
property was ever sold. The Planning and Zoning Commission recommended approval.
David Jackson, 124 Webster thanked the City staff and property owner for working with
the residences on restricted uses for the property.
Richard Dublin, 1 17 Webster thought it was good compromise and agreement reached by
Mr. Blackburn and the residents.
Kathryn Dominquez. 120 Webster appreciated the willingness of Mr. Blackburn to work
with the residents on their concerns.
Mr. Spain asked Mr. Truitt that the plat reflect the modifIed changes in the Neighborhood
Service District.
#9 ORDINANCE: Discussion and action on fIrst reading of an ordinance amending
the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 4.618+
acres out of the Genobera Malpaz Survey, Abstract No. 221, in Guadalupe
County, Schertz, Texas from Single-Family Residential District- I (R-1)
Neighborhood Services District (NS); providing an effective date; and providing a
repealing clause. The property is generally located at the northwest intersection of
FM 3009 and Elbel Road.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter on
fIrst reading of an ordinance amending the UnifIed Development Code (UDC) Ordinance
96-S-28 by rezoning 4.618+ acres out of the Genobera Malpaz Survey. Abstract No. 221,
in Guadalupe County, Schertz, Texas tTom Single-Family Residential District-1 (R-1)
Neighborhood Services District (NS); providing an effective date; and providing a
repealing clause.
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#4D Hold a public hcaring on a request to rezonc 19.579+ acres tTom General
Business (GB) and Neighborhood Service (NS) Districts to Multi-Family
Residential-4 (R-4) and General Business (GB) Districts. The tract is situated out
of the Genobera Malpaz Survey. Abstract No. 221. Guadalupe County, Schertz,
Texas. The property is generally located at the southwest interscction of FM 3009
and Elbcl Road. Applicant/Owncr: Paul Blackburn, Schertz 3009 Ltd.
Misty Nichols, Planner II explaincd thc request to rezone 19.579+ acres tTom
General Business to Neighborhood Service District to Multi-Family Residential
and Gcneral Busincss. Thc Planning and Zoning Commission recommended
disapproval.
Mr. Paul Blackburn, 8100 Broadway eXplained the highest and best usc for this
property is retail and multi-family. He showed a conceptual plan for the
development. Thc concerns he heard from staff and Planning and Zoning
Commission was the increased traffic and additional curb cuts that the project
would create.
Billy Classen, Carter & Burgess, Inc., explained the preliminary traffIc study and
the meetings with TxDot would resolvc the additional curb cuts for the project.
David Jackson, 124 Webstcr was in favor ofthc rezoning classification is a much
better mix for this property.
David Richmond was not at that meeting. In the past, the Commissioners believcd
it was a safety hazard to have multi-family ncxt to the railroad tracks; the best usc
of the property is retail. He doesn't recommend high density residential on that
propcrty is in the best interest of the City. Mr. Richmond remainder Council that
TxDot proposed plans are to exknd I'M 3009 to IH 10.
Kathleen Dominquez, 120 Wcbster was in favor of multi-family zoning and asked
the Council to consider the rcquest.
Mayor Baldwin closed the public hearing at 8:40 p.m. and moved Agenda Item
# I 0 up for action.
#10 ORDINANCE: Discussion and action on first rcading of an ordinance
amending the Unitied Development Code (UDC) Ordinance 96-S-28 by rezoning
19.579+ acres out of the out of the Genobera Malpaz Survey, Abstract No. 221, in
Guadalupe County, Schertz, Texas tTom General Business District (GB) and
Neighborhood Scrvice (NS) Districts to Multi-Family Rcsidential District-4 (R-4)
and Gcneral Busincss (GB) Districts; providing an etlective date; and providing a
repealing clause. Thc property is gcnerally located at the southwest intersection of
I'M 3009 and Elbel Road.
Councilmember Carpenter made a motion, seconded by Councilmember Agec on
first reading of an ordinance amending the Unitied Development Code (UDC)
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Ordinance 96-S-28 by rezoning 19.579+ acres out of the out of the Genobera
Malpaz Survey, Abstract No. 221, in Guadalupe County, Schertz, Texas from
General Business District (GB) and Neighborhood Service (NS) Districts to
Multi-Family Residential District-4 (R-4) and General Business (GB) Districts;
providing an effective date; and providing a repealing clause. The vote was as
follows:
A YES: Councilmember Agee, Wilenchik, Carpenter
NA YES: Councilmember Fowler, Scagliola
#5 CONSENT AGENDA:
A) Minutes - Workshop session of August 8, 2006. Workshop session of
September 26, 2006, Regular session of October 3, 2006 and Special Workshop
session of November 28. 2006.
Ordinance No. 07-D-02
B) An ordinance by the City Council of the City of Schertz providing that the
Code of Ordinances of the City of Schertz, Texas be amended by revising
Section 86- I 49. Parking Prohibited; and providing a repealing clause.
Ordinance No. 07-M-OI
C) An ordinance by the City Council of the City of Schertz, Texas
authorizing an agreement with the Texas Department of Transportation to
contribute funds relating to improvements to FM 3009; and other matters in
connection therewith.
Councilmember Carpenter made a motion, seconded by Mayor Pro Tern Fowler to
approve consent agenda items 5(A). 5(B) and 5(C). The vote was as follows:
A YES: Councilmember Fowler, Scagliola. Agee, Wilenchik and Carpenter.
NA Y: None.
#6 Discussion and action on a Letter of Appeal of a decision by the Planning and
Zoning Commission regarding PC2006-091 Preliminary Plat of the Schertz C-
Store. (The 5.945+ acres on the southeast corner of Schertz Parkway at Woodland
Oaks Drive.)
Chris Gabbard, Planner I said the developer requested two driveway accesses on
Woodland Oaks Drive and Schertz Parkway. After research by staff they found that the
second access driveway on Woodland Oaks created a safety hazard. The Planning and
Zoning Commission decision to deny the Preliminary Plat was due to the number of
accesses to the property tTom Schertz Parkway.
Councilmember Carpenter made a motion. seconded by Councilmember Agee, to grant
the appeal by Planning and Zoning Commission regarding Preliminary Plat of the Schertz
C-Store. The vote was as follows:
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A YES: Councilmember Fowler, Agee. Wilenchik and Carpenter.
NA Y: Councilmember Scagliola
#11 RESOLllTION: Discussion and action on a rcsolution recommending approval
to CPS Energy (CPS) to fund a total estimated amount of $29.152.00 from
Community Infrastructure and Economic Development (CIED) Funds for The
Oaks at Schertz Parkway. Presenter: Stevcn Whitc
RESOLUTION NO. 07-R-02
A Resolution recommending approval to CPS Energy (CPS) to fund a total
estimated amount of $29,152.00 from Community Infrastructure and
Economic Development (('lED) funds for the Oaks at Schertz Parkway
Councilmcmber Carpenter made a motion, sccondcd by Councilmember Wilenchik to
approvc a resolution recommcnding approval to CPS Encrgy (CPS) to fund a total
estimated amount of $29.152.00 tTom Community IntTastructure and Economic
Development (CIED) funds for the Oaks at Schertz Parkway. The vote was as follows:
Mr. Whitc said the resolution fl)r eps Energy to install steel power poles from the
northbound tTontage road on I H 35 at Schcrtz Parkway on thc property for the proposed
retail/mcdical complex.
A YES: Councilmcmbers Fowler, Scagliola. Agee, Wilenchik and Carpentcr.
NAY: None.
#12 RESOLUTION: Discussion and action on a resolution by the City Council of the
City of Schertz, Texas to crcatc an ETJ Agreement with the City of New
BraunfeIs to de line mutual planning boundaries.
RESOLUTION 07-R-01
A Resolution by thc City Council of the City of Schcrtz, Texas to create an ETJ
Agreement with thc City of New Braunfels to define mutual planning boundaries.
Councilmcmber Carpenter made a motion, seconded by Councilmember Scagliola to
approvc a resolution by the City Council of the City of Schertz, Tcxas to create an ETJ
Agreemcnt with the City of New Braunfels to deline mutual planning boundarics. The
votc was follows:
A YES: Councilmember Fowler, Scagliola. Agee. Wilenchik and Carpenter.
NAY: None.
#13 Discussion and action on bid award for the cxchangc of real estate. The property
owned by the City and to be exchanged is Lot 3, Block 43, Live Oak Subdivision
on the east side of Schertz Parkway. Presentcr: Michael Spain.
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Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter. to
accept the bid tTom Tim Sheble and authorize the City Manager to enter into an
agreement with Mr. Sheble. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola. Agee, Wilenchik and Carpenter.
NAY: None.
#14 Discussion and action on approving the proposed floor plan from 1GB for the new
City Hall annex.
Councilmember Carpenter made a motion, seconded by Councilmember Scagliola to
approve the proposed floor plan from 1GB for the new City Hall annex. The vote was as
follows:
A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#15 Items by City Manager Taylor and Staff
. Had no comments.
#16 Items by Council
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General Announccments
Mayor Pro Tem Fowler
.
Meeting with Northclifte Homeowners Association next Tuesday, may be
late arriving for Council mccting
Councilmember Scagliola
. Asked if TSAC should discuss thc proposed plans on expansion of TxDot
projects that go through our City.
Councilmembcr Agee
. Had no comments
Councilmember Wilenchik
. Had no comments.
Councilmembcr Carpcntcr
. I lad no comments.
#'('] Items by Mayor
Gcncral Announcements
. Had no commcnts.
t. j ~ ADJOURNMENT
Mayor Baldwin adjourned the meeting at 9:45 p.m.
- ~ :/ ~<. /;/":/"
r. - 4--f: , . J"''C'c'V~~
I lal Baldwin, Mayor
ATTEST:
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\ '
/ I:A-- 'e..au
(jdy To~ r. City Secretary
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