02-06-2007 RegularMINUTES
REGULAR SESSION
FEBRUARY 6, 2007
The City of Schertz Council convened in Regular Workshop Session on Tuesday
February 6, 2007 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, Mayor Pro Tern Jim Fowler, Councilmembers David L.
Scagliolia, Reginna Agee, Tony Wilenchik and Michael Carpenter. Also present were
City Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris,
City Secretary Judy Tokar and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF
TEXAS.
Both pledges were recited.
#3 INTRODUCTION of Bonnie Carter, Schertz Housing Authority, Resident
Commissioner.
Mynette Bennett, Executive Director of the Schertz Housing Authority, introduced Ms.
Carter to the Council.
#4 HEARING OF RESIDENTS.
Sharon Pennington said the deadline for accepting applications for the Schertz Youth
Ambassador Program had passed and there were not enough applicants. She recommends
extending the deadline to March and hold the contest in May. She asked the Council to
discuss and take action at the next meeting whether they wanted to continue as co-
sponsors of the program.
Frances Rushing, Chamber President announced the monthly mixer at Silver Tree Rehab
and Feb. 23 d monthly chamber luncheon.
Robert Brockman, 1000 Elbel Road, wanted to make the Council aware that the
Guadalupe County was using a different company for their address tracking.
Ramon Cook, said neighboring communities are changing park area requirements in
hopes our City adopt the same requirements. He liked the way the City of Selma was
rezoning their city.
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Mayor Baldwin welcomed the Samuel Clemens High School government class.
Mayor Baldwin opened the public hearings at 7:09 p.m.
#5 PUBLIC HEARINGS:
Mayor Baldwin said Agenda Item #5A was withdrawn.
A) Public Hearing and consider and act upon a request for Specific Use
Permit of the future platted Block 2, Lot 15, Block 1, Lot 2, and Block 4,
Lot 17 in the Laura Heights Estates Subdivision. The proposed
commercial lots are within the Air Installation Compatible Use Zone
(AICUZ). The property is zoned Residential/Agricultural District (R -A)
proposed Manufacture District — Light (M -1). Owner /Applicant: Harry L.
Hausman, Laura Heights Estates, L.P. (L. Truitt)
B) Public Hearing on a request to rezone 6.926+ acres from
Residential /Agricultural District (R -A) to Manufacture District — Light
(M -1). The tract is situated out of the Stacy B. Lewis Survey No. 138,
Bexar County, Schertz, Texas. One lot is generally located on the
northeast side of Ware - Seguin Road at Hallie Heights. The other two (2)
lots are generally located on the east side of Boenig Drive, north and south
side of Laura Heights. Owner /Applicant: Harry L. Hausman, Laura
Heights Estates, L.P. (L. Truitt)
Mr. Truitt said that at the Planning and Zoning meeting it was decided the
use of this property was better suited for GB3. It was not determined by
the applicant the type of business that would be at the location.
Greg Gaines with Earl & Associates representing the applicant said they
would meet with Randolph Air Force Base to make sure the available uses
were compatible with the City and the AICUZ.
Robert Brockman, 1000 Elbel Road asked if the request to rezone was for
the sign at the entrance.
Mayor Baldwin closed the public hearing at 7:13 p.m.
C) Public Hearing on a request to rezone 15.251+ acres from Single - Family
Residential —7 District (R -7) to Public Use District (PUB). The tract is
situated out of the Rafael Garza Survey Abstract No. 138, Guadalupe
County, Schertz, Texas. The property is generally located on the north
side of Old Wiederstein Road, between Belmont Parkway and FM 1103.
Owner /Applicant: Board of Trustees of Schertz - Cibolo- Universal ISD. (L.
Truitt)
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Mr. Truitt said the rezoning request is for a new elementary school at that
location.
Mr. Hawkins school district representative said the new school is part of
the 2006 Bond Expansion Program with completion in May 2008.
Mayor Baldwin closed the public hearing at 7:16 p.m.
#6 ORDINANCE: Discussion and action on first reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96 -S -28 by
rezoning 15.251+ acres out of the Rafeal Garza Survey Abstract No. 138, in
Guadalupe County, Schertz, Texas from Single - Family Residential —7 (R -7)
to Public Use District (PUB); providing an effective date; and providing a
repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve the first reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96 -S -28 by rezoning 15.251+ acres out of the Rafael Garza Survey
Abstract No. 138, in Guadalupe County, Schertz, Texas from Single - Family Residential —
7 (R -7) to Public Use District (PUB); providing an effective date; and providing a
repealing clause. The vote was 5 to 0:
AYES: Councilmember Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#7 ORDINANCE: Discussion and action on first reading of an ordinance
amending the Unified Development Code (UDC) Ordinance 96 -S -28 by
rezoning 6.926+ acres out of the Stacy B. Lewis Survey No. 138, in Bexar
County, Schertz, Texas from Residential/Agricultural District (R -A) to
General Business District -3 (GB -3); providing an effective date; and
providing a repealing clause.
Discussion followed whether the ordinance was posted correctly on the agenda. The
back up document stated Planning and Zoning approved a different rezoning from GB -3
to Manufacture District Light M -l. The publication notice and public hearing was based
on the rezoning request for the GB -3. Mayor Baldwin asked if the Council had the
authority to change the rezoning classification. It was agreed the property be rezoned to
M -1 but limited to the uses of GB -3 to allow the applicant to move forward.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve the first reading of an ordinance amending the Unified Development Code
(UDC) Ordinance 96 -S -28 by rezoning 6.926+ acres out of the Stacy B. Lewis Survey
No. 138, in Bexar County, Schertz, Texas from Residential /Agricultural District (R -A) to
Manufacture District Light M -1 but limited to the uses described in UDC as G133;
providing an effective date; and providing a repealing clause. The vote was 5 to 0:
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AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#8 CONSENT AGENDA:
The following items may be acted upon in one motion. No separate discussion or
action is necessary unless requested by the Mayor or a Councilmember, in which
event those items will be pulled for separate consideration:
A) Minutes - Workshop session of November 14, 2006, and Regular session
of December 12, 2006 and December 19, 2006.
Ms. Tokar asked that the minutes of the workshop November 14, 2006 be pulled from the
consent agenda for corrections.
Mayor Pro Tern Fowler made a motion, seconded by Councilmember Wilenchik to
approve the consent agenda 8A minutes of December 12, 2006 and December 19, 2006.
The vote was 5 to 0:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#9 ORDINANCE: Discussion and action on the reading of an ordinance by the
City Council of the City of Schertz, Texas calling an election to be held on
May 12, 2007 for the purpose of electing Councilmembers for Place 3, Place 4
and Place 5 for said City; making provision for the conduct of a joint
election; contracting with the Election Administrator of Guadalupe County
to conduct this election; and declaring an emergency.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve the reading of an ordinance by the City Council of the City of Schertz, Texas
calling an election to be held on May 12, 2007 for the purpose of electing
Councilmembers for Place 3, Place 4 and Place 5 for said City; making provision for the
conduct of a joint election; contracting with the Election Administrator of Guadalupe
County to conduct this election; and declaring an emergency. The vote was 5 to 0:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#10 Discussion and action on joint election agreement with City of Cibolo, City of
Schertz, Cibolo Creek Municipal Authority and SCUC ISD for the May 12,
2007 election. (J. Tokar)
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve the joint election agreement with City of Cibolo, City of Schertz, Cibolo Creek
Municipal Authority and SCUC ISD for the May 12, 2007 election. The vote 5 to 0 as
follows:
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AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#11 Discussion and action on the title change from Marketing Research to
Economic Development Specialist. (G. Antuna)
Mr. White said this position would not be doing marketing research exclusively but also
support the executive director as professional staff.
Councilmember Wilenchik made a motion, seconded by Councilmember Agee to change
the Marketing Research title to Economic Development Specialist. The vote was 5 to 0:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#12 Discussion and action regarding Schertz Economic Development
Commission appointments. (S. White)
Mr. White recommended Ms. Abbie Brown due to lack of attendance be replaced with
Ms. Pat Ramirez and reappoint the current commissioners.
Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Fowler to
remove Ms. Abbie Brown. It was not necessary to remove her since her term expired.
The motion was withdrawn.
Councilmember Scagliola made a motion, seconded by Mayor Pro Tern Fowler to
appoint Ms. Pat Ramirez and reappoint Robert Statzer, Henry Gutierrez, Klaus
Weiswurm and Bob Vallance to the Economic Development Commission. The vote was
5 to 0 as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#13 Discussion, update and possible action to use budgeted funds to contract with
Land Design Partners for a park plan for the Northcliffe Park. (G. Douglas)
Ms. Gail Douglas, Community Service Director asked for Council to confirm her
decision to use already budgeted funds to contract with Land Design Partners for a park
plan on one park for $2,500.00. Originally it was thought that the park plan be prepared
by staff but it is not possible. It was agreed on by the Friends of the Northern Schertz
Park to use budgeted on their park toward the master plan.
Councilmember Scagliola made a motion, seconded by Mayor Pro Tern Fowler to
approve funding of $2,500 for park plan. The vote was 5 to 0 as follows:
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AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#14 Discussion and action on revising the contract with COURT TV regarding I-
35 shooting video. (M. Spain)
Mr. Spain explained COURT TV asked for major changes to the contract, which were
unlimited use of the video forever, and it use in any form in the media now existing and
in the future.
Council consensus was to deny their offer.
#15 Items City Manager Taylor and Staff
General Announcements
Mr. Bierschwale and David Harris, Assistant City Manager, purchased at tax sale 34 lots
in Freeway Manor at the County Court House. The average bid was $2,900.00 per lot.
#16 Items by Council
General Announcements
Mayor Pro -tem Fowler
■ Participated in Emergency Response exercise with Glen Outlaw,
Emergency Manager, dealing with major ice storms in the area.
Councilmember Scagliola
• Attended the Parks & Recreation meeting. They are completing the park
plan and park dedication ordinance.
• Attending the TML Conference on Friday through Monday in Austin.
Councilmember Agee
■ Reported on the Children's Advocacy Center meeting.
Councilmember Wilenchik
■ Asked about arrangement to attend the TML Briefing in Austin next week.
Councilmember Carpenter
■ Requested a status report on the bond projects at the regular sessions.
#17 Items by Mayor
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• Wanted to know if the water heater and stove top was installed in the
Community Center for the seniors.
• Read a letter commending Ms. Tokar from the Texas Municipal Clerks
Certification Program regarding her recertification.
#18 ADJOURNMENT
The meeting adjourned at 8:13 p.m.
Hal Baldwin, Mayor
ATTEST:
Judy Tokae, City Secretary
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