01-23-2007-Special Workshop Session
MINllTES
CITY COUNCIL
SPECIAL CALLED SESSION
JANUARY 23, 2007
The Schertz City Council convened in a Special Called Session on Tuesday, January
23, 2007 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway Building #4, Schertz, Texas. The following members were present: Mayor
Hal Baldwin presiding, Council Members David L. Scagliola, Reginna Agee, Tony
Wilenchik, and Mayor Pro Tern Jim Fowler. Absent was Michael Carpenter and
Michael Spain. Also present were City Manager Don Taylor, Assistant City
Manager John Bierschwale and David Harris, and Judy Tokar City Secretary.
#1 CALL TO ORDER
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGE OF ALLEGIANCE TOTHE UNITED STATES AND STATE OF
TEXAS
Both pledges were recited.
#3 HEARING OF RESIDENTS:
. Frances Rushing, Schertz Chamber of Commerce commented on evening mixer.
chamber lunch. and ribbon cuttings. She had questions from Sharon Pennington
regarding the Youth Ambassador Program. and update on the Library and
Recreation Center.
. Michael Dahle, 9120 E. FM 1518 commented on rezoning of 88.833+ acres at
FM 1518 and Schaefer Road. He asked Council to postpone action on the
rezoning request until flooding problem can be resolved.
. Lloyd Fairley. 12290 Lower Seguin Road claritied the statement made at last
Council meeting and that the Planning and Zoning Commission spelled out that
they declined the request on the zoning based on the usage of the property.
. Gary Fairley. 12310 Lower Seguin talked about flooding and traffic problems that
will be caused by the proposed rezoning of the 88 aeres on FM 1518. He
recommended a long-term study.
#4 INTRODUCTION OF EMPLOYEES: EMS and Fire Department
Chief Friesenhahn introduced Firefighters - William Wehmeyer and Jason
Tymrak. Dudley Wait EMS Director introduced EMS management team-
Allison Gorzell. Jason Mabbitt. and Amy Barrett.
#5 CONSENT AGENDA:
Special Called Session 1-23-07
83
A) Minutes - Workshop session of August 23, 2006, October 24, 2006, and
January 9,2007, and Regular session of Octo her 17,2006. November 7,
2006 and December 5, 2006.
Council Member Wilenchik made a motion, seconded by Council Member Agee,
to approve #5(A) item. The vote was as tollows:
A YES: Council Members Fowler, Scagliolia. Agee, Wilenchik.
NAY: None
#6 Discussion and action to authorize the City to enter into contract negotiation with
the recommended architectural firm for the Schertz Library project. (M. Uhlhorn)
Melissa Uhlhorn, Library Manager said the City accepted eleven submittals from
interested architectural firms in the response to a Request of Qualifications for the
Schertz Public Library building project. A committee consisting of David Harris,
Gail Douglas. Leonard Truitt and Melissa Uhlhorn reviewed and scored the
submittals. Four firms were chosen for an interview and the committee
recommends Kell Munoz with 2 principals at the meeting, Ronnie Biediger and
Jeff Edwards. They presented a PowerPoint presentation of projects, and master
plans. Council commented on the rating system used by the committee.
Councilmember Wilenchik, made a motion, seconded by Councilmember Agee,
to authorize the City the appropriate personnel to enter into contract negotiation
with the recommended architectural firm for the Schertz Library project. The vote
was as follows:
A YES: Councilmember Fowler, Scagliolia, Agee, Wilenchik.
NAY: None
#7 ORDINANCE: Discussion and action on final reading of an ordinance
amending the Unitied 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 ofFM 1518
and Schaefer Road. (L. Truitt)
Ordinance No. 07-S-03
An ordinance amending the Unified Development Code (UDC) Ordinance 96-S-
28 by rezoning 88.833+ acres out of the 1. 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.
Special Called Session] -23-07
84
Councilmember Wilenchik stated at last meeting on January 9, 2007 that Planning
and Zoning unanimously recommended disapprovaL and there was nothing from
Planning & Zoning that dealt with sizc of the lots and platting issues. Vote was 4
to 1 to overturn the disapproval by Planning & Zoning at that time. The hearing
of residents today added information on rezoning to R-6, and he has second
thoughts based on this information presented. Mr. Truitt stated that this is a
zoning matter. not a development matter, and staff has been working with TxDot
and devclopers in the area to improve these drainage issues. Couneil statcd that
this is just a zoning issue, not a platting issue.
Councilmember Agee made a motion. seconded by Mayor Pro Tem Fowler. to
approvc 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). The vote was as follows:
A YES: Council Members Fowler, Agee, Wilcnchik
NAY: Council Member Scagolia.
#8 ORDINANCE: Discussion and action on final reading of an ordinance amending
the Unified Development Code (UDC) Ordinancc 96-S-28 by rezoning 2.270+
acrcs out of the Torribio Herrera Survey No. 68, Abstract No. 205, in Guadalupe
County. Schertz, Texas from Planned Unit Development District (PUD) to
General Business District (GB); providing an effective date; and providing a
repealing clause. The property is generally located on the north side of Schertz
Parkway at Woodland Oaks Drive. (L. Truitt)
Ordinance No.07-S-04
An ordinance amending the Unified Development Code (UDC) Ordinance 96-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
District (PUD) to General Business District (GB); providing an effective date; and
providing a repealing clause
Councilmember Wilenchik made a motion. seconded by Council member Agee to
approve final reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96-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 District (PlfD) to General Business District (GB);
providing an effective date; and providing a repealing clause. The vote was as
follows:
AYES: Council Members Fowler. Scagliola, Agee, Wilenchik
NAY: None
Special Called Session 1-23-07
85
#9 ORDINANCE: Discussion and action on final 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-l) to
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.
Ordinance No. 07-S-05
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tem Fowler.
to approve final 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-I) to Neighborhood Services District
(NS); providing an effective date; and providing a repealing clause. The vote was
as follows:
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik
NAY: None
#10 ORDINANCE: Discussion and action on final reading of an ordinance amending
the Unified Development Code (UDe) 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 property is generally located at the southwest intersection of
FM 3009 and Elbel Road.
Ordinance No. 07-8-06
An ordinance amending the Unified Development Code (UDC) Ordinance 96-S-
28 by rezoning 19.579+ acres out of the out of the Genohera 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.
Mayor Pro Tem Fowler made a motion. seconded by Councilmember Agee to
approve final reading of an ordinance amending the Unified 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 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:
Special Called Session 1-23-07
86
AYES: Councilmember Fowler, Agee, Wilenchik
NA YES: Councilmcmber Scagliola
#11 Discussion and action on appointments to the Transportation Safety Advisory
Commission.
Councilmember Wilenchik made a motion. seconded by Councilmember
Scagliola to reappoint Stephen B. Bish, Patricia Ramirez, John Trayhan, Max
Hernandez and appoint Tracy Bean. The vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik
NAY: None
#12 Discussion and action on eontract with Guadalupe County tor election services
tor May 2007 election. (1. Tokar)
Ms. Tokar, City Sccretary said this was a standard agreement with the County to
conduct the election.
Council member Agee made a motion. seconded by Mayor Pro Tem to approve
the contract with Guadalupe County tor elcction services for May 2007 election.
The vote was as follows:
A YES: Council Members Fowler. Scagliola, Agee. Wilenchik
NAY: None.
#13 Discussion and possible action on differential pay for City of Schertz employees
on military leave. (Councilmember T. Wilenchik)
Councilmember Wilenchik made a motion, seconded by Councilmember
Scagliola to change the personnel handbook for military leave during the period
of deployment that the City pay differential pay if military pay is less than City
pay for an indefinite period and for future budgets set aside funds. The vote was
as follows:
A YES: Council Members Fowler, Scagliola. Agee, Wilenchik
NAY: None.
#14 ORDINANCE: Discussion and action on final reading of an ordinance granting
Cibolo Waste Inc. dba Bexar Waste. Inc. an extension and renewal of its franchise
for municipal solid waste collection and disposal. a recycling, and a household
hazardous waste program; imposing provisions and conditions relating to the
exercise of same; and providing for penalties not to exceed $200.00 for violation
thereof; repealing all ordinances or parts of ordinances in conflict with this
ordinance.
Special Called Session 1-23-07
87
Ordinance No. 07-F-07
An ordinance granting Cibolo Waste Inc. dba Bexar Waste, Inc. an extension and
renewal of its franchise for municipal solid waste collection and disposal. a
recycling, and a household hazardous waste program; imposing provisions and
conditions relating to the exercise of same; and providing for penalties not to
exceed $200.00 for violation thereof; repealing all ordinances or parts of
ordinances in conflict with this ordinance.
Council member Wilenchik made a motion. seconded by Council member
Scagliola to approve the final reading of an ordinance granting Cibolo Waste Inc.
dba Bexar Waste, Inc. an extension and renewal of its franchise for municipal
solid waste collection and disposal, a recycling, and a household hazardous waste
program; imposing provisions and conditions relating to the exercise of same; and
providing for penalties not to exceed $200.00 for violation thereof; repealing all
ordinances or parts of ordinances in conflict with this ordinance. The vote was as
follows:
AYES: Councilmember Fowler, Scagliola, Agee, Wilenchik.
NAY: None
#15 Discussion on assessment fee on garbage haulers traveling through the City.
Mr. Taylor gave a brief history on the fee that the City of San Antonio is charging
garbage haulers traveling through on their streets. The City would like to assess
the same fee to private haulers traveling on our streets. After brief discussion. it
was agreed to move forward with an ordinance.
#16 Discussion and possible action on Interlocal agreements with City of Selma and
City ofCibolo for sewer tie in. (D. Harris)
Councilmember Wilenchik made a motion. seconded by Councilmember
Scagliola to approve interlocal agreements with City of Selma and City of Cibolo
for sewer tie in. The vote was as follows:
AYES: Councilmember Fowler, Scagliola. Agee, Wilenchik.
NAY: None
Mayor Baldwin called a break before the Executive Session at 9:00 p.m.
Mayor Baldwin called the meeting back to order at 10:50 p.m.
#17 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub-Section 551.072, Deliberations regarding the purchase, exchange, or
Special Called Session 1-23-07
88
value of real property and Sub-Section 551.074
Performance Evaluation of the City Secretary.
Personnel Matters -
#18 Action if any on the above executive session.
Councilmemoer Wilenchik made a motion, seconded by Councilmember Agee to
authorize the Assistant City Managers and the City Attorney to purchase at a tax
sale 40 lots in Freeway Manor subdivision not to exceed $100,000.00. The vote
was as follows:
AYES: Councilmember Fowler. Scagliola. Agee. Wilenchik.
NAY: None
#19 Items by City Manager Taylor and Staff
. Had no commcnts.
#20 Items by Council
General Announcements
Mayor Pro Tern Fowler
. Thanked Patti White in assisting him with updating the Homeowners
Association listing or President and property managers. Encouraged them
to attend the council meetings.
Councilmembcr Scagliola
. Received letter notifying low-income housing north of Friesenhahn Lane.
. Made process on thc library property asked for article in Schertz Tales
. Noticed City of Cibolo is increasing council positions because of
population increase
. Willing to attend the Planning and Zoning meeting as liaison
Councilmember Agee
. Had no comments
Councilmember Wilenchik
. Can change the ordinance to reflect all meetings as action instead 0 f
workshops
. Future agcnda item to start design plans for the recreation ecnter
#21 Items by Mayor
General Announcements
Special Called Session 1-23-07
89
. Consensus to meet with Planning & Zoning on January 31.
. Schertz Bank and Trust and Schertz Chamber of Commerce serving beef
stew to the trail riders on Thursday, February I in the park at 11 :00 a.m.
#22 ADJOURNMENT:
Mayor Baldwin closed the meeting at 11 :05 p.m.
/C~O~~
Hal Baldwin, Mayor
ATTEST:
:n4AL,I l~hAAAu/H
fv Jud{ -foliar, erty Secretary
Special Called Session 1-23-07
90