02-20-2007-Regular
MINUTES
REGULAR SESSION
FEBRUARY 20, 2007
The City of Schertz Council convened in Regular Workshop Session on Tuesday
February 20, 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.
#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 Sue Basham Guadalupe County Election
Administrator.
Newly appointed Guadalupe County Elections Administrator Sue Basham introduced
herself and discussed the upcoming May election.
#4 PRESENTATION by Tony Eugenio regarding Live Oak Subdivision
development.
Mr. Eugenio presented his conceptual plan for the Live Oak Subdivision. Development
Services Director Leonard Truitt was directed to review the plan.
#5 HEARING OF RESIDENTS.
Robert Brockman. 1000 Elbel Road, stated that the new City Hall sign cycles too quickly
to read and asked if it could be slowed down.
Frances Rushin~ of the Schertz Chamber of Commerce reminded everyone of the
Chamber Luncheon on Friday, February 23rd at 12:00 noon at the Schertz Community
Center.
Mayor Baldwin opened the public hearing at 7:40 p.m.
Regular Session 2-20-07
III
#6 PUBLIC HEARINGS:
#6 A) Hold a public hearing and consider and act upon a request to rezone 5.403+
acres from Garden Home Dwelling District (R-5) to Neighborhood Senrice
District (NS). The tract is situated out of the Toribio Herrera Sunrey No. 68,
Abstract No. 153, Guadalupe County, Schertz, Texas. The property is
generally located at the intersection of Schertz Parkway and Live Oak Road.
Applicant: Larry Aiken, Burkett Live Oak LTD. (c. Gabbard)
Planner I Chris Gabbard reported that this item was withdrawn at the request of the
applicant.
#6 B) Hold a public hearing upon a request to rezone 3.00+ acres tract from Single-
Family Residential District-2 (R-2) to Public Use District (PUB). The tract is
situated in the T. Herrera Sunrey No. 68, Abstract No. 153, Guadalupe
County, Schertz, Texas. The property is generally located approximately on-
third mile west from the intersection of FM 3009 and Live Oak Road.
Applicant: City of Schertz. (M. Nichols)
Mayor Baldwin opened the public hearing at 8:03 p.m.
Albert Pefia. 735 Live Oak Road expressed his concerns about the project including the
proximity of the water tank to homes, safety issues, and property values. Mr. Taylor
responded stating that he asked several real estate appraisers about the issue; they
responded that water tanks do not affect property values.
Robert Brockman. 1000 Elbel Road, asked about the height of structure. Assistant City
Engineer Larry Dublin said the tank would be 148 feet in height and the structure's base
would be 90 feet from the property line. He added that it would cost an additional $1
million to move the structure to another location.
Mayor Baldwin closed the public hearing at 8:05 p.m. and with the consent of the
Council moved to item #7 for discussion and action.
#7 ORDINANCE: Discussion and action on the first reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out of the T.
Herrera Sunrey No. 68, Abstract No. 153, in Guadalupe County, Schertz,
Texas from Single-Family Residential District-2 (R-2) to Public Use District
(PUB); providing an effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
the fIrst reading of an ordinance by the City Council of the City of Schertz amending the
UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out ofthe
T. Herrera Survey No. 68, Abstract No. 153, in Guadalupe County, Schertz, Texas from
Single-Family Residential District-2 (R-2) to Public Use District (PUB); providing an
Regular Session 2-20-07
112
effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote
was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#6 C) Hold a public hearing upon a request to rezone 0.475+ acres tract from Pre-
Development District (PD) to Public Use District (PUB). The tract is situated
out of the James Gray Sunrey No. 255, Abstract Number 144, Guadalupe
County, Schertz, Texas. The property is generally located at the southwest
intersection of Scenic Link and Columbia. Applicant: City of Schertz (M.
Nichols)
Planner II Misty Nichols reported the Planning and Zoning recommends approval.
Mayor Baldwin opened the public hearing at 8:06 p.m.
Mayor Baldwin closed the public hearing at 8:06 p.m. and with the consent of the
Council moved to item #8 for discussion and action.
#8 ORDINANCE: Discussion and action on the first reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-S-28 by rezoning 0.475+ acres out of the James
Gray Sunrey No. 225, Abstract No. 144, in Guadalupe County, Schertz,
Texas from Pre-Development District (PD) to Public Use District (PUB);
providing an effective date; and providing a repealing clause.
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
approve the fIrst reading of an ordinance by the City Council of the City of Schertz
amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 0.475+
acres out of the James Gray Survey No. 225, Abstract No. 144, in Guadalupe County,
Schertz, Texas from Pre-Development District (PD) to Public Use District (PUB);
providing an effective date; and providing a repealing clause. The motion carried 5 to 0
and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#6 D) Hold a public hearing upon a request to rezone 89.298+ acres from General
Business District (GB) and Pre-Development (PD) to General Business
District-2 (GB2). The tract is situated out of the Rafael Garza Sunrey
Number 98, Abstract 175, Comal County, Schertz, Texas. The property .is
generally located at IH-35 Southbound access road at Hubertus Road.
Applicant: IH-35 Hubertus Investments. (c. Gabbard)
Regular Session 2-20-07
113
Planner I Chris Gabbard reported that the Planning and Zoning Commission recommends
approval.
Mayor Baldwin opened the public hearing at 8: 1 0 p.m.
Emilie Gregory stated her concerns about the rezoning of the property.
Mayor Baldwin closed the public hearing at 8: 14 p.m. and with the consent of the
Council moved to item #9 for discussion and action.
#9 ORDINANCE: Discussion and action on the first reading of an ordinance by
the City Council of the City of Schertz amending the Unified Development
Code (UDC) Ordinance 96-S-28 by rezoning 89.298+ acres out of the Rafael
Garza Sunrey Number 98, Abstract 175, in Comal County, Schertz, Texas
from General Business District (GB) and Pre-Development (PD) to General
Business District - 2; providing an effective date; and providing a repealing
clause.
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
approve the fIrst reading of an ordinance by the City Council of the City of Schertz
amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning
89.298+ acres out of the Rafael Garza Survey Number 98, Abstract 175, in Comal
County, Schertz, Texas from General Business District (GB) and Pre-Development (PD)
to General Business District - 2; providing an effective date; and providing a repealing
clause. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#6 E) Hold a public hearing upon a request to rezone a 209.71+ acres tract from
Manufacturing District-Light (M-l) and General Business District (GB) to
Planned Unit Development (PUD). The tract is situated out of the T.
Herrera Sunrey Number 68, Abstract No. 153, Guadalupe and Comal
County, Schertz, Texas. The property is generally located on IH-35
Southbound Access Road to Schertz Parkway. Applicant: Mid-Cities 35
Partnership, Ltd. (M. Nichols)
Planner II Misty Nichols reported that the Planning and Zoning Commission
recommends approval.
Mayor Baldwin opened the public hearing at 8:20 p.m.
Development representatives Robert Hunt and Steve Drenner made a brief presentation
and answered questions about the project. They added this would be the first commercial
Planned Unit Development in the City, which will allow the developers more flexibility
in the site planning as well as be able to provide a higher quality product. The lots
Regular Session 2-20-07
114
.~
fronting IH-35 will be zoned for business while the back part of the property will be
zoned for manufacturing.
Assistant City Manager John Bierschwale said that part of the cost of the drainage project
would be covered by the City of Selma. That City also agreed to de-annex Lookout Road
which will be renamed Exchange Parkway and tie in with the intersection of Schertz
Parkway and 1-35.
Mayor Baldwin closed the public hearing at 8:35 p.m. and with the consent of the
Council moved to item #10 for discussion and action.
#10 ORDINANCE: Discussion and action on the first reading of an ordinance by
the City Council of the City of Schertz, Texas amending the Unified
Development Code (UDC) Ordinance 96-S-28 by rezoning 127.25, 68.21j:,
and 14.25:t acres out of the Toribio Herrera Sunrey No. 68, Abstract No. 153,
Guadalupe and Comal County, Texas from Manufacture District-Light (M-
1) and General Business (GB) to Planned Unit Development District (PUD);
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 by the City Council of the City of Schertz,
Texas amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning
127.25, 68.2l:!:, and l4.25:!: acres out ofthe Toribio Herrera Survey No. 68, Abstract No.
153, Guadalupe and Comal County, Texas from Manufacture District-Light (M-l) and
General Business (GB) to Planned Unit Development District (PUD); providing an
effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote
was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#11 Discussion and action on appeal of a decision by the Planning and Zoning
Commission on February 14, 2007 regarding PC2006-111 Site Plan of the
Schertz C-Store. Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd.
(c. Gabbard)
Planner I Chris Gabbard reported that the Planning and Zoning Commission denied the
request on a 3-3 vote. Some Commissioners were concerned about the aesthetics of the
gas island canopy.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
the appeal of a decision by the Planning and Zoning Commission on February 14, 2007
regarding PC2006-111 Site Plan of the Schertz C-Store. The motion carried 5 to 0 and the
vote was:
Regular Session 2-20-07
115
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#12 CONSENT AGENDA:
A) ORDINANCE: Discussion and action on first reading of an
ordinance by the City Council of the City of Schertz that Code of
Ordinances of the City of Schertz, Texas be amended by revising
Chapter 86, Section 86-41, Stop Intersections-Designated; and
providing a repealing clause and providing an effective date. (Circle
Oak & Spanish Oak)
B) ORDINANCE: Discussion and action on first reading 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
Chapter 86, Traffic and Motor Vehicles, Section 86-118, Maximum
Limits in School Zones; and Section 86-115, Maximum Limits
Generally; and providing an effective date; and providing a repealing
clause. (Replace Ashley Oak Drive to Ashley Park)
Ordinance No. 07-S-09
C) ORDINANCE: Discussion and action on final reading of an
ordinance amending the Unified Development Code (UDC) Ordinance
96-S-28 by rezoning 15.251+ acres out of the Rafael Garza Sunrey
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 Fowler made a motion, seconded by Councilmember Scagliola to
approve the items on the Consent Agenda. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
Ordinance No. 07-8-10
#13 ORDINANCE: Discussion and action on final 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 Sunrey No. 138, in Bexar
County, Schertz, Texas from Residential/Agricultural District (R-A) to
Manufacture District Light - (M-l) with certain restrictions; providing an
effective date; and providing a repealing clause.
Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to
approve fmal 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,
r-
Regular Session 2-20-07
116
in Bexar County, Schertz, Texas from ResidentiaVAgricultural District (R-A) to
Manufacture District Light - (M-l) with certain restrictions; providing an effective date;
and providing a repealing clause. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#14 Discussion and action to appoint Nicki J. Stohr on the Schertz Youth
Commission.
Councilmember Scagliola made a motion, seconded by Councilmember Wilenchik to
appoint Niki J. Stohr to the Schertz Youth Commission as an advisor. The motion
carried 5 to 0 and the vote was:
A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#15 Discussion and action on appointments to the Schertz 50th Anniversary
Committee. (M. Carpenter)
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
appoint Melba Smith, Debbie Krause, Kristine McGann and Vallery Mallard to the
Schertz 50th Anniversary Committee. The motion carried 5 to 0 and the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#16 Discussion and action on approving the EMS Write Off's. (D. Wait)
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to
approve writing off $257,099.29 of past-due EMS bills. The motion carried 5 to 0 and
the vote was:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter
NAY: None
#17 Items by City Manager Taylor and Staff
General Announcements
Mr. Taylor and others will be in Austin on February 21 as part of the Northeast
Partnership trip to meet and talk with state Senators and Legislators. He added that the a
small group from the City will be going to tour the Schertz-Seguin Local Government
Corporation well sites either on February 28 or March 1.
Mr. Wilenchik was asked to be the liaison for the Schertz Chamber of Commerce, a
formal request is being sent from the Chamber.
Regular Session 2-20-07
117
#18 Items by Council
General Announcements
Mayor Pro-tem Fowler
· Received a call from Sandy Goodwich about speeding cars on Rolling
Brook and Windy Brook. Mr. Taylor responded motorcycle officers
visibility would be increased. It would be forwarded to TSAC.
Councilmember Scagliola
· Visited with the seniors and they appreciate the hot water.
· Commented the new sign message go to fast and hard to read. Mr. Taylor
responded they were working on it.
Councilmember Agee
· No comment.
Councilmember Wilenchik
· Distributed new street map printed by Schertz Chamber of Commerce
· Requested sign ordinance as a discussion item.
Councilmember Carpenter
· Commented about public hearing and act upon
#19 Items by Mayor
· Asked if all the liaison assignment were correct.
#20 ADJOURNMENT
The meeting adjourned at 9:20 p.m.
ATTEST:
alk~
(!f1y To~, City Secretary
Regular Session 2-20-07
118